WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVN/I/2 
25 March 2008 
 (08-1293) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVENIA 
  The present document reproduces the text
1 of the Industrial Property Act (ZIL-1-UPB3) - 
consolidated text, entry into force 11 March 2006 , as notified by Slovenia under Article 63.2 of the 
Agreement (see document IP/N/1/SVN/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SLOVÉNIE 
  Le présent document contient le texte
1 de la Loi sur la propriété  industrielle (ZIL-1-UPB3) - 
texte codifié, entrée en vigueur le 11 mars 2006, qui a été notifiée par la Slovénie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/SVN/2). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ESLOVENIA 
 
 En el presente documento se reproduce el texto
1 de la Ley de la Propiedad Industrial 
(ZIL-1-UPB3) - texto consolidado, que entró en vigor el  11 de marzo de 2006 y que Eslovenia ha 
notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/SVN/2). 
                                                      
 1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/SVN/I/2 
Page 2  
 
INDUSTRIAL PROPERTY ACT2 (CONSOLIDATED TEXT) 
OF 23 MAY 2001 
AS LAST AMENDED ON 6 FEBRUARY 2006 
 
(as in force from 11 March 2006) 
 
 
 
Chapter I 
BASIC PRINCIPLES 
 
Article1 
Scope of the Act 
 
(1) This Act defines the types of industrial propert y rights under this Act and proceedings for the grant 
and registration of these rights, judicial protectio n of rights and representation of parties in the 
proceedings under this Act.  
(2) Industrial property rights under this Act shall be patents, supplementary protection certificates, 
industrial designs, marks and geographical indications.  (3) This Act integrates into the legal system of the Republic of Slovenia the provisions of the 
Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal 
protection of biotechnological inventions (OJ L 213, 30 July 1998 p. 13), Directive 98/71/EC of the 
European Parliament and of the Council of 13 Oc tober 1998 on the legal protection of designs (OJ L 
289, 28 October 1998, p. 28), First Council Di rective 89/104/EEC of 21 December 1988 to 
approximate the laws of the Member States relating to trade marks (OJ L 40, 11 February 1989, p. 1) 
and Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property ri ghts (OJ L 195, 2 June 2004, p. 16). 
 
Article 2 
National treatment 
 
(1) Legal and natural persons that are foreign nationals shall enjoy, in respect of the protection of 
industrial property rights in the Republic of Slove nia, the same rights as domestic legal or natural 
persons, or other domestic nationals , in conformity with the Agreem ent on Trade-Related Aspects of 
Intellectual Property Rights of 15 April 1994 (Offici al Gazette RS - MP, No 10/95), hereinafter 
referred to as “the TRIPS Agreement”, or the a pplication of the principle of reciprocity. 
 
(2) The party invoking reciprocity shall be requi red to prove the existence of reciprocity. 
 
Article 3 
Applications for the acquisition of industrial property  rights 
 
(1) Subject to Article 17, the acquisition of an industrial property right in the Republic of Slovenia 
shall be requested by filing a national applicati on with the Slovenian Intellectual Property Office, 
hereinafter referred to as “the Office”, in accordance with this Act.  
                                                     
 
2 Published in the Official Gazette RS Nos 45/01.96/02,37/04,20/06 and 51/06 as consolidated text. 
Unoffcial translation.  IP/N/1/SVN/I/2 
 Page 3 
 
 
(2) The acquisition of industrial property rights in the Republic of Slovenia may also be requested on 
the basis of applications filed abroad, if this is in conformity with an international treaty which is 
binding on the Republic of Slovenia. The legal effect of  the rights conferred by such applications shall 
be the same as that of the rights conferred by national applications, unless otherwise provided by a 
respective international treaty. 
 
(3) A national application shall not give rise to an industrial property right if a prior application has 
been filed, by the same person, under paragr aph (2), for the acquisition of the same right. 
 (4) The acquisition of industrial property rights abroad may also be requested on the basis of 
applications filed with the Office, if this is in c onformity with an international treaty which is binding 
on the Republic of Slovenia.  
Article 4 
Priority of the earlier application 
 
Where two or more applicants file applications to acquire protection for the same invention, design or 
sign in the Republic of Slovenia, the applicant who h as the earliest date of filing or, if priority is 
claimed, the date of priority, shall have priority over the other applicant.  
Article 5 
The Office 
 
(1) The main tasks of the Office shall be:  (a) to receive applications by which the acqui sition of industrial property rights is requested; 
 
(b) to carry out autonomously proceedings relating to the grant of patents and registration of industrial 
designs, marks and geographical indications, and to  grant patents and register industrial designs, 
marks and geographical indications;  (c) to keep the registers of industrial property rights and other registers under this Act; 
 
(d) to provide information services relating to industrial property rights;  (e) to represent the Republic of Slovenia, in conformity with the position, instructions and 
authorisation by the Government of the Republic  of Slovenia, in foreign and international 
organisations in the field of industrial property; 
 (f) to perform other tasks which fall within its competence.  (2) The Office shall publish its Offi cial Journal containing data on app lications and industrial property 
rights. 
 
(3) The Office shall be autonomous with respect to finances relating to payment of fees under this Act 
and payments for services supplied under Article  7, and shall verify those payments. 
 (4) The Office shall be managed by the Director w ho shall be responsible for its operation and shall 
be appointed by the Government of the Republic of Slovenia. 
 IP/N/1/SVN/I/2 
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Article 6 
Decisions of the Office 
 
(1) In proceedings for the grant or registration of industrial property rights and maintenance thereof, 
and in proceedings concerning the keeping of registers of rights and other registers, the Office shall 
issue decisions, orders and other acts pursuant to this Act. In the absence of corresponding provisions 
in this Act, the Act regulating genera l administrative procedure shall apply. 
 (2) Proceedings relating to applications under Article  3(2) or (4) shall be conducted by the Office in 
conformity with international treaties whic h are binding on the Republic of Slovenia and 
implementing rules and instructions relating thereto.  In the absence of corresponding provisions in the 
relevant international treaty, the provisions of this Act shall apply mutatis mutandis. 
 
Article 7 
Information to the public 
 
(1) Subject to Article 8, the Office shall make po ssible for any person to inspect files relating to 
applications, and to have access to data relating to applications and rights granted or registered. 
 (2) Against payment, the Office shall supply inform ation on the state of the art comprised in patent 
documents, and other services in the fiel d of information and documentation. 
 
(3) The Minister competent for the field of industrial property shall issue an order on the tariff fixing the kinds and the amount of payments under paragraph (2).  
Article 8 
Secrecy and inspection of applications 
 
(1) The files relating to patent and industrial desi gn applications shall be official secrecy until the 
publication of the patent application in the Official Journal or the registration of the industrial design. 
 
(2) The files which are official secrecy shall be made  available for inspection only with the consent of 
the applicant. 
 (3) Any person who can prove that, in relation to hi s acts, the applicant informed him in writing about 
his application and the scope of requested protec tion may obtain inspection of the files which are 
official secrecy without the consent of the applicant.  
(4) Where a patent application relating to a depo sited biological material has been refused or 
withdrawn, the deposited biological material shall only be available to an independent expert for 
twenty years from the date of filing of the app lication, if so requested by the applicant. 
 (5) Even prior to the publication of the patent a pplication in the Official Journal, the Office may 
publish the following data or communicate them to third parties: 
(a) the number of the application; (b) the date of filing of the application and, where th e priority is claimed, the date, State or Office and 
file number of the previous application; 
(c) data concerning the applicant (surname, forename and address, or firm and seat); 
(d) the title of the invention.  IP/N/1/SVN/I/2 
 Page 5 
 
 
 
Article 9 
Fees 
 
(1) For the acquisition and maintenance of rights under this Act, fees shall be paid in time limits laid 
down by this Act. The amounts of fees shall be fixe d by a decree issued by the Government of the 
Republic of Slovenia.  
 
(2) In proceedings in which fees under paragraph (1 ) shall be paid, the fees under the Act regulating 
administrative fees shall not be payable. 
 
(3) If procedural fees are not paid in due time, or ar e not paid in full, they are deemed to be unpaid 
and the request to be withdrawn, unless otherwise pr ovided by this Act. Upon request, the Office shall 
refund the amount which has been paid. 
 
 
Chapter II 
PATENTS 
 
Section I 
Patents and short-term patents 
 
Article 10 
Subject-matter of patent protection  
 
(1) Patents shall be granted for any inventions, in a ll fields of technology, which are new, involve an 
inventive step and are susceptible of industrial application. 
 (2) Detailed conditions for the grant of patents in respect of individual fields of technology with 
certain technical or technological characteristics shall be defined by a decree issued by the 
Government of the Republic of Slovenia.  
Article 11 
Exceptions to patent protection 
 
(1) Discoveries, scientific  theories, mathematical methods, and other rules, schemes, methods and 
processes for performing mental acts as such shall not be considered inventions within the meaning of 
Article 10. 
 (2) A patent shall not be granted for:  (a) inventions, the exploitation of which woul d be contrary to public order or morality; 
 
(b) inventions of surgical or diagnostic methods or methods of treatment practised directly on the 
living human or animal body, with the exception of  inventions relating to products, in particular 
substances or compositions for use in any of these methods.  
Article 12 
Novelty 
 
(1) An invention shall be considered to be new if it does not form part of the state of the art.  (2) The state of the art shall be held to comprise everything made available to the public by means of 
an oral or written description, by use, or in any ot her way, before the date of filing of the patent IP/N/1/SVN/I/2 
Page 6  
 
application. The right of priority sh all have the effect that the date of  priority shall count as the date of 
filing for the purposes of this Article.  (3) The contents of the following applications, which have been filed before the date referred to in 
paragraph (2) and which were publishe d on or after that date, shall also be considered as comprised in 
the state of the art: 
 (a) national patent applications, as originally filed with the Office; 
 (b) European patent applications, as originally f iled with the European Patent Office, hereinafter 
referred to as “the EPO”, under the European Pa tent Convention of 5 October 1973, hereinafter 
referred to as “the EPC”, requesting pr otection in the Republic of Slovenia; 
 (c) international applications, as originally filed under the Patent Cooperation Treaty of 19 June 1970, 
as amended on 2 October 1979 and modified on 3 Fe bruary 1984 (Official Gazette RS - MP, No 
19/93), hereinafter referred to as “the PCT”, r eceived by the Office as the elected Office in 
accordance with Article 39 of the PCT.  (4) The provisions of paragraphs (1) to (3) shal l not exclude from patentability any substance or 
composition comprised in the state of the art wher e it is intended for use in a method of treatment 
referred to in Article 11(2)(b) and such use is  not comprised in the state of the art.  
 
Article 13 
Non-prejudicial disclosures 
 
(1) For the purpose of applying Article 12, a disclosure of the invention shall not be taken into 
consideration if it occurred no ear lier than six months preceding the f iling of the application and if it 
was due to, or in consequence of: 
 
(a) an evident abuse in relation to the applicant or his legal predecessor, or 
 (b) the fact that the applicant or his legal predecess or has displayed the invention at an official, or 
officially recognised, international e xhibition referred to in Article 62. 
 (2) The provision of paragraph (1)(b) shall apply only if the applicant states, when filing the application, that the invention has been so displayed and files a supporting certificate in conformity with Article 62(2). 
 
Article 14 
Inventive step 
 
(1) An invention shall be considered as involving an i nventive step if, having regard to the state of the 
art within the meaning of Article 12(2), it is  not obvious to a person skilled in the art. 
 
(2) If the state of the art also includes documen ts within the meaning of Article 12(3), these 
documents are not to be considered in decidi ng whether there has been an inventive step. 
 (3) Where an applicant, after having filed an a pplication which has not yet been published, files 
another application for the same invention, the firs t application is not to be considered in deciding 
whether there has been an inventiv e step in the second application. 
  IP/N/1/SVN/I/2 
 Page 7 
 
 
Article 15 
Industrial application 
 
An invention shall be considered as susceptible of indus trial application if it can be made or used in 
any kind of industry, including agriculture. 
 
Article 16 
Subject-matter of short-term patent protection  
 
(1) With the exception of processes, plant varieties and animal breeds, a short-term patent may be 
granted for inventions which are new, susceptible of industrial application and are the result of a 
creative effort.  (2) An invention shall be considered to be the result of a creative effort if it exhibits either particular 
effectiveness or a practical industrial advantage. 
(3) The provisions of this Act relating to patents sh all apply mutatis mutandis to short-term patents, 
unless otherwise provided by this Act.  
Article 17 
Secret inventions  
 (1) Invention which are important for the defence or security of the Republic of Slovenia shall be 
deemed secret and shall be registered at  the Ministry competent for the defence. 
  
(2) The conditions of exploitation of secret inventions, in particular  compensation for the exploitation, 
shall be subject to mutual agreement between th e inventor and the Ministry competent for the 
defence. 
 (3) The application for the invention referred to in paragraph (1) may be filed with the Office if the 
Ministry competent for the defence does not wish to exploit it or if it consents to the filing of the 
patent application. 
 
Article 18 
Rights conferred by a patent 
 
(1) A patent shall confer on its owner the following exclusive rights:  
 
(a) where the subject-matter of a patent is a produc t, to prevent third parties not having the owner’s 
consent from the acts of making, using, offering fo r sale, selling, or importing for these purposes that 
product;  (b) where the subject-matter of a patent is a process,  to prevent third parties not having the owner’s 
consent from the act of using the process, and from the acts of offering for sale, selling, or importing 
for these purposes the product obtained directly by that process. 
 (2) The scope of protection conferred by a patent shall be determined by the terms of the claims. 
Nevertheless, the description and drawings sh all be used to interpret the claims.  
 IP/N/1/SVN/I/2 
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Article 19 
Limitation of rights conferred by a patent 
 
The rights conferred by a patent within the meaning of Article 18 shall not extend to: 
 
(a) acts done privately and for non-commercial purposes; 
 (b) acts done for research and experimental purposes of any kind relating to the subject-matter of the patent irrespective of their final purpose;  
(c) the extemporaneous prepara tion for individual cases in a pharmacy of a medicine in accordance 
with a medical prescription nor acts concerning the medicine so prepared;  (d) the use on board vessels of other countries of the patented invention, in the body of the vessel, in 
the machinery, tackle, gear and other accessories, wh en such vessels temporarily or accidentally enter 
the waters of the Republic of Slovenia, provided that  the invention is used there exclusively for the 
needs of the vessel; 
(e) the use of the patented invention in the constr uction or operation of aircraft or land vehicles of 
other countries, or of accessories to such aircraft or land vehicles, when those aircraft or land vehicles 
temporarily or accidentally enter the territory of the Republic of Slovenia;  
(f) the acts specified in Article 27 of the Convention on International Civil Aviation 
of 7 December 1944 (Official Gazette FLRJ-MP Nos 3/54, 5/54, 9/61, 5/62, 11/63, 49/71, 62/73, 15/78, 2/80, Official Gazette RS-MP No 9/92), where these acts concern the aircraft of a State benefiting from the provisions of that Article.  
Article 20 
Right based on prior use  
 
1. (1) The rights conferred on the owner of a pate nt by virtue of Article 18 shall have no legal 
effect vis-a-vis a person who was using the inventi on in the Republic of Slovenia in good faith before 
the date of filing or, if priority is claimed, the da te of priority, or was making preparations for such 
use, and who continues such use. Such person retains the right to use the invention, but has no right to 
give licence or otherwise use the invention. 
(2) The right of the person referred to in paragraph (1) to continue the use of the invention may only 
be transferred together with his enterprise or busin ess in which the use or preparations for use have 
been made. 
 
Article 21 
Exhaustion of the rights conferred by a patent 
 
(1) The rights conferred by a patent shall not ex tend to acts concerning a product covered by that 
patent which are done in the Republic of Slovenia afte r that product has been put on the market in the 
Republic of Slovenia by the owner of the patent or  with his express consent, unless there are grounds 
which, under the law of the Republic of Slovenia, woul d justify the extension to such acts of the rights 
conferred by the patent.  (2) The exhaustion of the rights referred to in pa ragraph (1) may be extended beyond the territory of 
the Republic of Slovenia, if this is in conformity with an international treaty which is binding on the 
Republic of Slovenia. 
  IP/N/1/SVN/I/2 
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Article 22 
Term of a patent 
 
(1) Subject to Article  91(3) and corresponding provisions of Article  109, the term of a patent shall be 
twenty years as from the date of filing of the application. 
 
(2) Immediately on expiry, the term of a patent ma y be extended once in the case of a state of war or 
similar emergency conditions, for the duration of such state or conditions, but not for more than five 
years.  
(3) Immediately on expiry of the term of the pa tent, a supplementary protection certificate may be 
granted once, in accordance with a decree issued by the Government of the Republic of Slovenia, if 
the subject-matter of the patent is a product or a process of manufacturing a product or a use of a 
product which has to undergo an administrative author isation procedure required by law before it can 
be put on the market, but not for more than five years. 
 
Article 23 
Term of a short-term patent 
 
Subject to corresponding provisions of Article 109, the term of a short-term pa tent shall be ten years 
as from the date of filing of the application. 
 
Section II 
European patent applications and European patents 
 
Article 24 
Applicable law 
 
(1) Patents granted by the EPO in accordance with the EPC, hereinafter referred as “European 
patents”, and applications for a European patent f iled in accordance with the EPC, hereinafter referred 
to as “European patent applications”, requesting protection in the Republic of Slovenia shall be 
governed by this Act, unless otherwise provided by the EPC. 
 
(2) In case of conflict between the provisions of th e EPC and those of this Act, the provisions of the 
EPC shall prevail in respect of European pa tent applications and European patents. 
 
Article 25 
Filing of European patent applications 
 
(1) European patent applications, other than divisi onal applications, may be filed with the Office in 
any language accepted under Article 14(1) and (2) of the EPC. 
(2) Article 17 shall apply to European patent appli cations relating to inventions that may affect the 
national security of the Republic of Slovenia. 
 
Article 26 
Effects of a European patent application 
 
(1) A European patent application requesting protec tion in the Republic of Slovenia which has been 
accorded a filing date shall be equivalent to a nationa l application, where appropriate with the priority 
claimed for the European patent appli cation, whatever its outcome may be.  
 IP/N/1/SVN/I/2 
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(2) A published European patent application reques ting protection in the Republic of Slovenia shall 
confer the protection conferred under Article 122(4) as from the date on which a translation of the 
claims of that application as published has been communicated by the applicant to the person using 
the invention in the Republic of Slovenia. 
 
Article 27 
Effects of a European patent 
 
(1) A European patent requesting protection in  the Republic of Slovenia shall, subject to 
paragraphs (2) to (4), confer as from the date of th e mention of its grant by the EPO the same rights as 
a patent granted by the Office under Article 18. 
 
(2) The owner of the European patent shall furnish to the Office within three months after the mention 
of its grant a translation of the claims into the Slovene language and shall pay the prescribed fee for 
publication.  
 
(3) Where, as a result of an opposition procedure befo re the EPO, the European patent is maintained 
as amended, paragraph (2) sh all apply mutatis mutandis. 
 (4) If the text of the claims contains reference signs used in drawings, those drawings shall be 
attached to the translation referred to  in paragraphs (2) and (3). The text in the drawings, if any, shall 
also be translated into the Slovene language. 
 (5) The Office shall publish any translation filed in conformity with paragraphs (2), (3) or (4). 
 (6) Where the owner of the European patent comp lies with paragraph (2), the Office shall issue a 
decision on entry of the European patent in the Office’s patent register. 
 (7) If the translation referred to in paragraphs (2), (3 ) or (4) is not filed, or the prescribed fee is not 
paid, in due time, the European patent requesti ng protection in the Republic of Slovenia shall be 
deemed to be void.  
Article 28 
Authentic text of European patent applications or European patents 
 
(1) Where a translation referred to in Articles 26 a nd 27 confers protection which is narrower than that 
conferred by a European patent application or Eu ropean patent in the language of the proceedings, 
that translation shall be regarded as the authen tic text, except for opposition proceedings before the 
EPO. 
(2) The applicant for or owner of the European patent  may file a corrected translation of claims at any 
time. The corrected translation shall take effect only after it has been published by the Office, or 
communicated to the person using the invention in the Republic of Slovenia by the applicant for or 
owner of the European patent. 
 
(3) Any person who, in good faith, is using or has made effective and serious preparations for using 
an invention, the use of which w ould not constitute infringement of th e application or patent in the 
original translation may, after the corrected transla tion takes effect, continue such use in the course of 
his business and for the needs thereof without payment. 
  IP/N/1/SVN/I/2 
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Article 29 
Fees for European patents 
 
(1) Subject to Articles 109 and 110, renewal fees in respect of European patents requesting protection 
in the Republic of Slovenia shall be paid to the Offi ce for each year following that in which the order 
on the grant of the European patent is published. Where the renewal fee for the third year of the 
maintenance of a European patent has not been pa id to the EPO, it shall be paid to the Office. 
 
(2) Notwithstanding paragraph (1), the first renewal fe e in respect of a European patent shall fall due 
within two months after the order on the gr ant of the European patent is published. 
 
(3) Pursuant to Article 39 of the EPC, the European  Patent Organisation sha ll be remitted a proportion 
of fees paid under this Article.  
Article 30 
Conversion into a nation al patent application 
 
(1) A European patent application requesting protect ion in the Republic of Slovenia may be converted 
into a national patent application, where the Europ ean patent application is deemed to be withdrawn 
pursuant to Article 77(5) of the EPC or, because th e translation of the application under Article 14(2) 
of the EPC has not been filed in due time, pursuant to Article 90(3) of the EPC. 
(2) The applicant shall pay, within the prescribed time limit, the prescribed fee, and file a translation 
of the application into the Slovene language with the Office.  
Article 31 
Simultaneous protection 
 2. Where a European patent and a national patent havi ng the same date of filing or, if priority is 
claimed, date of priority, have been granted to th e same person, the national pa tent shall have no legal 
effect, to the extent that it covers the same i nvention as the European patent, as from the date on 
which the time limit for filing an opposition to th e European patent has expired without an opposition 
having been filed, or as from the date on whic h the opposition procedure has resulted in a final 
decision maintaining the European patent. 
 
Section III 
PCT patent applications 
 
Article 32 
Applications under the PCT 
 
(1) The Office shall act as a receiving Office under the PCT.  (2) The Office shall accept international applications filed by nationals of the Republic of Slovenia or 
persons having their residence or seat therein. 
 (3) International applications under the PCT shall be  filed in English, French or German language. 
They may also be filed in the Slovene language if  a translation in English, French or German 
language is submitted to the Office within the ti me limit prescribed in  implementing rules and 
instructions under the PCT. 
 (4) The Office shall collect fees in  respect of applications under th is Article on behalf and for the 
account of the International Bureau of th e World Intellectual Property Organization. IP/N/1/SVN/I/2 
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 (5) The EPO shall act as an International Sear ching Authority and International Preliminary 
Examining Authority in respect of international applications under the PCT filed with the Office. 
 (6) A designation or election of the Republic of Sloven ia in an international application under Article 
2(viii) of the PCT shall be considered as a request for the grant of a European patent having effect in 
the Republic of Slovenia under an international treat y which is binding on the Republic of Slovenia. 
 
Chapter III 
INDUSTRIAL DESIGNS 
 
Section I 
Industrial designs 
 
Article 33 
Subject-matter of industrial design protection 
 
(1) An industrial design shall be registered for a design to the extent that it is new and has an 
individual character. 
 
(2) “Design” means the appearance of the whole or a part of a product resulting from the features of, 
in particular, the lines, contours, colours, shape, te xture and/or materials of the product itself and/or its 
ornamentation. 
 (3) “Product” means any industrial or handicraft ite m, including, inter alia, parts intended to be 
assembled into a complex item, packaging, get-up,  graphic symbols and typographic typefaces, but 
excluding computer programmes. “C omplex product” means a product which is composed of multiple 
components which can be replaced permitting disassembly and reassembly of the product. 
 (4) A design applied to a component part of a comp lex product shall only be c onsidered to be new and 
to have an individual character:  
(a) if the component part, once it has been incorp orated into the complex product, remains visible 
during normal use of the latter, and   (b) to the extent that those visible features of th e component part fulfil in themselves the requirements 
as to novelty and individual character.  
(5) “Normal use” within the meaning of paragraph (4)(a) shall mean use by the end user, excluding 
maintenance, servicing or repair work.  
Article 34 
Novelty and individual character 
 
(1) A design shall be considered new if no iden tical design has been made available to the public 
before the date of filing of the industrial design ap plication or, if priority is claimed, the date of 
priority. Designs shall be deemed to be identical if their features differ only in immaterial details. 
 (2) A design shall be considered to have individual character if the overall impression it produces on 
the informed user differs from the overall impression  produced on such a u ser by any design which 
has been made available to the pub lic before the date of filing of the application or, if priority is 
claimed, the date of priority.   IP/N/1/SVN/I/2 
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(3) In assessing individual character, the degree of freed om of the designer in developing the design 
shall be taken into consideration.  
Article 35 
Disclosure of a design 
 
(1) For the purpose of applying Article 34, a design sh all be deemed to have been made available to 
the public if it has been published following registra tion or otherwise, or exhibited, used in trade or 
otherwise disclosed, except where th ese events could not have become known in the normal course of 
business to the circles specialised in the sector c oncerned, operating within the European Community, 
before the date of filing of the application or, if pr iority is claimed, the date of priority. The design 
shall not, however, be deemed to have been availabl e to the public for the sole reason that it has been 
disclosed to a third person under explicit or implicit conditions of confidentiality. 
(2) For the purpose of applying Article 34, disclosur e shall not be taken into consideration if a design 
for which protection is sought has been made ava ilable to the public in the European Community: 
 
(a) by the designer, his successor in title, or a third person as a result of information provided or action 
taken by the designer, or his successor in title, and  (b) during the twelve month period preceding the date of filing of the application or, if priority is 
claimed, the date of priority. 
 
(3) Paragraph (2) shall also apply if the design has been made available to the public as a consequence 
of an abuse in relation to the designer or his successor in title.   
Article 36 
Refusal of an industrial design 
 
(1) A design shall not be registered as an industrial design if:  (a) it is not a design within the meaning of Article 33(2);  
(b) it does not fulfil the requirements of Article 33(1) or  (4), or Articles 34 or 35, or is in conflict with 
a design having effect in the Republic of Slovenia on the basis of an application with an earlier date of 
filing;  (c) it should be refused pursuant to Article 6
ter of the Paris Convention for the Protection of Industrial 
Property of 20 March 1883, last revised on 14 July  1967 (Official Gazette SFRJ-MP Nos 5/74, 7/86, 
Official Gazette RS-MP No 9/92), hereinafter re ferred as “the Paris Convention”, on the ground that 
authorisation by the competent authorities has not been submitted;  (d) it includes or imitates badges, emblems or escu tcheons other than those covered by Article 6
ter of 
the Paris Convention and which are of particular public interest, unless the consent of the competent  
authorities to its registration has been given; 
 (e) it is contrary to public order or morality.  (2) An industrial design shall not subsist in featur es of appearance of a product, which are solely 
dictated by its technical function.  
 IP/N/1/SVN/I/2 
Page 14  
 
(3) An industrial design shall not subsist in features of appearance of a product which must 
necessarily be reproduced in their exact form and di mensions in order to pe rmit the product to which 
the design is applied to be mechanically connected  to or placed in, around or against another product 
so that either product may perform its function.   
(4) Notwithstanding paragraph (3), an industria l design shall, under the conditions set out in 
Article 34, subsist in a design serving the purpose of allowing multiple assembly or connection of 
mutually interchangeable products within a modular system.  
Article 37 
Rights conferred by an industrial design 
 
3. (1) The industrial design shall confer on its owne r the exclusive right to use it and to prevent 
any third party not having his consent from using it. The aforementioned use sha ll cover, in particular, 
the making, offering, putting on the market, importing, exporting or using of a product to which the 
design is applied, or stocking su ch a product for those purposes. 
(2) The scope of protection shall include any desi gn which does not produce on the informed user a 
different overall impression. In assessing the scope of protection, the degree of freedom of the designer in developing the design sha ll be taken into consideration.  
 (3) The rights referred to in paragraph (1) shall not extend: 
 
(a) to the importation of spare parts and accessories for the purpose of repairing a ship or aircraft 
temporarily entering the territory of the Republic of  Slovenia, and to the execution of repairs on such 
ship or aircraft, and mutatis mutandis to acts re ferred to in Article 19, with the exception of 
subparagraph (c); 
 
(b) to acts of reproduction for the purposes of making citations or of teaching, provided that such acts 
are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the 
design, and that mention is made of source.  (4) Any third person may assert the right based on prior use in respect of an industrial design. In this 
case, provisions of Article 20 sh all apply mutatis mutandis. 
 
Article 38 
Exhaustion of rights conferred by an industrial design 
 (1) The rights conferred by an industrial design shall not extend to acts relating to a product to which 
the design is applied, when the product has been put  on the market in the Republic of Slovenia by the 
owner of the industrial design or with his consent.  (2) The exhaustion of rights referred to in paragr aph (1) may be extended beyond the territory of the 
Republic of Slovenia, if this is in conformity w ith an international treaty which is binding on the 
Republic of Slovenia. 
 
Article 39 
Other forms of industrial design protection 
 
(1) Provisions of this Act concerning industrial d esigns shall be without prejudice to provisions of 
other Acts relating to unregistered industrial designs, marks or other distinctive signs, patents, utility 
models, typefaces, civil liab ility or unfair competition. 
  IP/N/1/SVN/I/2 
 Page 15 
 
 
(2) An industrial design shall be eligible for copyright protection as from the date on which the design 
was created or fixed in any form if it fulfils th e conditions under which such a protection is conferred 
under the Act regulating copyright and related rights.   
Article 40 
Term of an industrial design 
 
(1) The term of an industrial design shall be one or  more periods of five years as from the date of 
filing of the application.  
(2) Subject to corresponding provisions of Article 109 , the owner of an industrial design may renew 
its term for one or more periods of five years each , up to a total term of 25 years from the date of 
filing of the application. 
 
(3) The term of a multiple industrial design may be renewed, in conformity with paragraph (2), as a 
whole, or in limited scope for only some products. 
 
Section II 
International deposit of industrial designs  
 
Article 41 
Requests under the Hague Agreement 
 
(1) The requests under the Hague Agreement Concer ning the International Deposit of Industrial 
Designs of 28 November 1960, as completed on 14 July 1967 and amended on 28 September 1979 
(Official Gazette RS-MP No 20/94), hereinafter referre d to as “the Hague Agreement” shall be filed, 
in accordance with the Hague Agreement and implem enting rules and instructions thereto, with the 
International Bureau.  (2) In accordance with Article 8 of the Hague Agreemen t, provisions of this Act, with the exception of 
the provision of Article 96(2), shall apply muta tis mutandis to requests under the Hague Agreement 
by which protection of an industrial design is sought in the Republic of Slovenia. 
 
Chapter IV 
MARKS 
 
Section I 
Marks and collective marks 
 
Article 42 
Subject-matter of mark protection 
 
(1) Any sign, or any combination of signs, capable  of distinguishing the goods or services of one 
undertaking from those of another undertaking, a nd capable of being graphically represented, in 
particular words, including personal names, letters , numerals, figurative elements, three dimensional 
images, including the shape of goods or of their p ackaging, combinations of colours as well as any 
combination of such signs, shall be eligible for registration as marks.  
(2) In deciding whether a sign is eligible for regist ration as a mark, all circumstances, in particular the 
duration of its use, shall be taken into account.  (3) The nature of the goods or services to which a mark is to be applied shall in no case form an 
obstacle to the registration of the mark. 
 IP/N/1/SVN/I/2 
Page 16  
 
Article 43 
Absolute grounds for refusal 
 
(1) A sign shall not be eligible for registration as a mark if:  
(a) it cannot constitute a mark; 
 (b) it is devoid of any distinctive character;  (c) it serves, in trade, to designate merely th e kind, quality, quantity, intended purpose, value, 
geographical origin, or the time of production of th e goods or of rendering of the service, or other 
characteristics of the goods or services;  (d) it contains or consists of a geographical indication identifying wines or spirits, where the mark application relates to wines or spirits not having this origin; 
 
(e) it consists exclusively of signs or indicati ons which have become customary in the current 
language or in the bona fide and established practices of the trade; 
 (f) it consists exclusively of the shape which results  from the nature of the goods themselves or is 
necessary to obtain a technical result or gives substantial value to the goods; 
 
(g) it is contrary to public order or morality;  (h) it deceives the public, in particular to the natu re, quality or geographical origin of the goods or 
services; 
 
(i) it contains official signs or hallmarks for controlling or guaranteeing the quality of goods, or 
imitations thereof;  (j) it has not been authorised by the competent authorities and should be refused pursuant to Article 6
ter of the Paris Convention; 
 
(k) it includes or imitates badges, emblems or escu tcheons other than those covered by Article 6ter of 
the Paris Convention and which are of particular public interest, unless the consent of the competent  
authorities to its registration has been given;  
(l) it contains or consists of a designation of origin or a geographical indication registered in 
accordance with the Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of or igin for agricultural products and foodstuffs 
(OJ L 208/92, p. 1), provided that the  circumstances referred to in Article 13 of that Regulation exist 
and the sign does not relate to the same sort of pr oduct, and provided that the mark application has 
been filed after the date of filing of the application for the registration of a designation of origin or a 
geographical indication with the Commission. 
 (2) Paragraph 1(b), (c) and (e) shall not apply to marks which acquired a distinctive character through 
long-term use. 
(3) A sign which is ineligible for registration b ecause it contains the name or abbreviation of the 
name, State armorial bearing, emblem, flag or other official sign of the Republic of Slovenia, or a part 
thereof, which is in breach of the provisions of para graph (1)(j) and (k), shall not be used in the course 
of trade without the consent of the Government of the Republic of Slovenia.   IP/N/1/SVN/I/2 
 Page 17 
 
 
Article 44 
Relative grounds for refusal 
 
(1) Further, a sign shall not be elig ible for registration as a mark if: 
 
(a) it is identical with an earlier mark of anot her owner, and the goods or services for which the 
registration is applied for are identical with th e goods or services for which the earlier mark is 
registered;  (b) because of its identity with or similarity to the earlier mark of another owner and the identity or 
similarity of the goods or services covered by th e sign and the mark there exist the likelihood of 
confusion on the part of the public, which includes the likelihood of association with the earlier mark; 
 (c) because of its identity with or similarity to an earlier mark of another owner, registered for goods 
or services which are not identical with or similar to the goods or services for which the registration 
has been applied for, the use without due cause of such sign would take unfair advantage of, or be 
detrimental to, the distinctive character or the re pute of the earlier mark, or if it would indicate a 
connection between the goods or services and the ow ner of the earlier mark, and provided that the 
interests of the owner of the earlier mark are likely to be damaged by such use;  (d) it is identical with or similar to a mark or unr egistered sign, which is in the Republic of Slovenia a 
well-known mark within the meaning of Article 6
bis of the Paris Convention or Article 16(3) of the 
TRIPS Agreement;  (e) the owner of the mark registered in any Me mber State of the Union established under the Paris 
Convention, hereinafter referred to as “the Paris Un ion”, or the World Trade Organisation, hereinafter 
referred to as “the WTO”, proves that his agen t or representative applied, without the owner’s 
consent, for the registration of the sign in his own name;  (f) its use would contradict an earlier right to a na me, personal portrayal, pl ant variety, geographical 
indication or other industrial property right, or an earlier copyright, unless the owner of the earlier 
right gives his express consent to the registration of such sign. 
 
(2) “Earlier mark” within the meaning of paragraph (1) means:  (a) mark which was applied for or registered in the Republic of Slovenia on the basis of a national 
application before the date of filing of the applicati on for the later mark or, if priority is claimed, the 
date of priority; 
 (b) mark for which the protection was sought in  the Republic of Slovenia on the basis of an 
international application before the da te of filing of the application for the later mark or, if priority is 
claimed, the date of priority.  
Article 45 
Subject-matter of collective mark protection  
 
(1) Any sign which meets the requirements of Article  42 and is capable of distinguishing the goods or 
services of the members of the holder of the collec tive mark from those of another undertakings as to 
their origin in a given enterprise or their geographi cal origin, their nature, quality, or other properties, 
shall be eligible for registration as a collective mark.  (2) The applicant for or holder of a collective mark  may be any association of legal or natural persons, 
including umbrella associations ha ving legal personality, hereinafter re ferred to as “the associations”, 
or legal persons governed by public law. IP/N/1/SVN/I/2 
Page 18  
 
 (3) The members of the holder may use a collective mark in conformity with regulations referred to in 
Article 46.  (4) The provisions of this Act shall apply to th e registration of collective marks, unless otherwise 
provided by this Act. 
 
Article 46 
Regulations governing use of a collective mark 
 (1) An applicant for a collective mark must submit, when filing the application, regulations governing 
use of the collective mark.  (2) Regulations referred to in para graph (1) shall include at least: 
 
(a) the name and seat of the applicant; 
 (b) indication of the applicant’s business and inform ation concerning the person whom he officially 
and by laws represents; 
(c) the conditions of membership; 
 
(d) data concerning the group of persons having authority to use the collective mark; 
 (e) provisions concerning the rights and obligations of the members in the event of infringement of the collective mark.  
(3) The applicant for or holder of a collective ma rk shall immediately communicate to the Office any 
amendment to the regulations, which shall be ex amined by the Office as to its compliance with 
paragraph (2).   (4) Anyone may inspect the regulations  governing use of a collective mark. 
 
Article 47 
Rights conferred by a mark 
 
(1) A mark shall confer on the owner exclusive right  to use the mark and other exclusive rights under 
this Act. The owner of a mark shall be entitled to prevent all third parties not having his consent from 
using in the course of trade:  
(a) any sign which is identical with the mark in re lation to goods or services which are identical with 
those for which the mark is registered;  (b) any sign where, because of its id entity with or similarity to the mark and the identity or similarity 
of the goods or services covered by the mark and th e sign, there exists a likelihood of confusion on 
the part of the public, which includes the likeli hood of association between the sign and the mark; 
 (c) any sign which is identical with or similar to  the mark in relation to goods or services which are 
not similar to those for which the mark is register ed, where the mark has a reputation in the Republic 
of Slovenia and where the use without due cause of that sign would take unfair advantage of, or be 
detrimental to, the distinctive char acter or the repute of the mark. 
 (2) The following, inter alia, may be prohibited under paragraph (1):  IP/N/1/SVN/I/2 
 Page 19 
 
 
 (a) affixing the sign to the goods or to the packaging thereof;  (b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder; 
 
(c) importing or exporting the goods under that sign;  (d) using the sign on business pa pers and in advertising. 
 
Article 48 
Limitation of rights conferred by a mark 
 
(1) The mark shall not entitle the owner to prohibit a third party from using in the course of trade and 
in accordance with honest practices in industrial or commercial matters: 
 
(a) his own name or address;  (b) indications concerning the kind, quality, quantity,  intended purpose, value, geographical origin, 
the time of production of goods or of rendering th e service, or other characteristics of goods or 
services; 
 
(c) the mark where it is necessary to indicate the intended purpose of a product or service, in 
particular as accessories or spare parts;  (d) any sign which is identical or similar to the ma rk, where the third party started to use it in good 
faith before the date of filing of the application or , if priority is claimed, the date of priority. 
 (2) Where the owner of an earlier mark as referred to in Article 44(2) has not opposed, in a period of 
five successive years, the use of the later mark while being aware of  such use, he shall no longer be 
entitled on the basis of the earlier mark to file an action under Article 114 or 119, or prohibit the use 
of the later mark in respect to the goods or ser vices for which the later mark has been used, unless 
registration of the later mark was applied for in bad faith. 
 
Article 49 
Limitation of rights conferred by a collective mark 
 
(3) The holder of a collective mark which consists al so of an indication of the geographical origin 
shall enable any person whose goods or services orig inate in the geographical area concerned and 
meet the conditions for use set out in the regulations  governing use of the collective mark to become a 
member of the association which is the holder of the mark. 
 
Article 50 
Exhaustion of rights conferred by a mark 
 
(1) A mark shall not entitle the owner to prohibit its  use in relation to goods which have been put on 
the market in the Republic of Slovenia by the owner or with his consent. 
 (2) Paragraph (1) shall not apply where there exist legitimate reasons for the owner to oppose further 
commercialisation of the goods, especially where the condition of the goods is changed or impaired 
after they have been put on the market. 
 IP/N/1/SVN/I/2 
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(3) The exhaustion of rights referred to in paragr aph (1) may be extended beyond the territory of the 
Republic of Slovenia, if this is in conformity w ith an international treaty which is binding on the 
Republic of Slovenia.  
Article 51 
Reproduction of marks in dictionaries  
 
If the reproduction of a mark in a dictionary, ency clopaedia or similar reference work gives the 
impression that it constitutes the generic name of  the goods or services for which the sign is 
registered, the publisher of the work shall, at the request of the owner of the mark, ensure that the 
reproduction of the mark at the latest in the ne xt edition of the publication is accompanied by an 
indication that it is a mark. 
 
Article 52 
Term of a mark 
 
(1) The term of a mark shall be ten years comput ed from the date of filing of the application. 
 (2) Subject to corresponding provisions of Article 109,  the owner of a mark may renew its term an 
unlimited number of times, each time for ten years, computed from the date of filing of the application. 
 
(3) The term of a mark may be renewed, in accordan ce with paragraph (2), as a whole, or in limited 
scope for only some goods or services.  
 
Section II 
International registrations of marks 
 
Article 53 
Filing of requests with the Office 
 
(1) The Office shall accept requests under the Ma drid Agreement Concerning the International 
Registrations of Marks of 14 April 1891 as last re vised on 14 July 1967 (Official Gazette SFRJ-MP 
No 2/74, Official Gazette RS-MP No 9/92), hereinafte r referred to as “the Madrid Agreement” and the 
Protocol Relating to the Madrid Agreement Concerni ng the International Registrations of Marks of 27 
June 1997 (Official Gazette RS-MP No 21/97), herein after referred to as “the Madrid Protocol”.  
 
(2) Upon filing the request, or within three months after the receipt of the Of fice’s invitation, the fee 
shall be paid. If the fee is not paid in due time,  the request shall be deemed to be withdrawn. 
 (3) The request for international registration of a mark shall be accompanied by a list of goods or 
services in the language prescribed by the Madrid Agreement or the Madrid Protocol, and implementing rules and instructions thereto. 
 
(4) If the request is not drawn up in conformity w ith the Madrid Agreement or the Madrid Protocol, 
implementing rules and instructions thereto, this  Act and executive regulations thereto, the Office 
shall invite the person filing the request to amend th e request within three months from the receipt of 
the invitation. If the request is not amended in due time, it shall be deemed to be withdrawn. 
 
(5) An executive regulation issued by the Minister competent for the field of industrial property shall 
define, in greater detail, the contents of the requ est referred to in paragraph (1) and procedures 
relating thereto.  IP/N/1/SVN/I/2 
 Page 21 
 
 
 
Article 54 
Examination of international marks 
 
(1) In accordance with Article 5 of the Madrid Agre ement or Article 5 of the Madrid Protocol, the 
provisions of this Act, other than those of Artic le 103, shall apply mutatis mutandis to requests under 
the Madrid Agreement and the Madrid Protocol, by which the protection of a mark is sought in the 
Republic of Slovenia.  (2) The publication of data concerning the internati onal registration of a mark in the Gazette of the 
International Bureau shall be construed as the publi cation of the mark application in the Republic of 
Slovenia. 
(3) Where the owner of the mark for which protec tion is sought in the Republic of Slovenia under the 
Madrid Agreement or the Madrid Protocol does not  comment on the intended refusal of the protection 
of the mark, of which he has been notified in conf ormity with Article 5 of the Madrid Agreement or 
Article 5 of the Madrid Protocol, the Office shall,  notwithstanding Article 129(5), mail the decision 
through a postal service directly to the owner of the mark. 
 
Chapter V 
GEOGRAPHICAL INDICATIONS 
 
Article 55 
Subject-matter of protection of registered geographical indications 
 
(1) Geographical indications eligible for regist ration are indications which identify a good as 
originating in a territory, or a region or a locality in  that territory, where a given quality, reputation or 
other characteristic of the good is essentially attributable to its geographical origin. 
 (2) The name of a good, which has become genera lly known through long-term use in the course of 
trade as the name indicating that the good originates in  a specific place or region, is also eligible for 
registration as a geographical indication.  
(3) Geographical indications relating to a good of special historic or cultural importance may be 
protected by a decree issued by the Go vernment of the Republic of Slovenia. 
 (4) Geographical indications for agricultural produc ts and foodstaffs as well as for wines and other 
products obtained from grapes or wine shall not be eligible for registration under this Act. 
 
Article 56 
Grounds for refusal  
 
A geographical indication shall not be eligible for registration if:  
(a) it indicates or suggests that the good in questio n originates in a geographical area other than the 
true place of origin in a manner which misleads th e public as to the geographical origin of the good; 
 (b) although literally true as to the territory, region or locality in which the good originates, it falsely 
represents to the public that the good originates in another territory; 
 
(c) it has become generally known through long-term use in the course of trade as a designation for a 
specific kind of goods;  IP/N/1/SVN/I/2 
Page 22  
 
(d) in the light of a mark’s reputation and renown and the length of time it has been used, registration 
is liable to mislead the consumer as to the true identity of the product. 
 
Article 57 
Protection against general use 
 
Registered geographical indications may not b ecome generic or common names which would be 
freely used in the course of trade.  
Article 58 
Rights conferred by a registered geographical indication  
 
(1) A registered geographical indication is a collectiv e right and may be used as such in the course of 
trade only by those who, in accordance with the sp ecification referred to in Article 104(2), produce or 
market the goods protected by the geographical indication. 
 
(2) The use of a registered geographical indicati on by unauthorised persons  shall be prohibited. 
 (3) The use of a registered geographical indi cation shall be prohibited where the goods do not 
originate in the place indicated by the geographical indication, even if the true origin of the goods is indicated, and where the geographical indication is used in translation or accompanied by expressions 
such as “kind”, “type”, “style”, “imitation” or the like. 
 
Article 59 
Limitation of rights conferred by a registered geographical indication 
 (1) A mark shall not be cancelled nor its use prohi bited where a mark which is identical with or 
similar to a registered geographical indication has been applied for or registered in good faith, or 
where rights to a mark have been acquired th rough use in good faith before the geographical 
indication has been registered.  (2) A registered geographical indication shall not excl ude the right of any person to use, in the course 
of trade, that person’s name or the name of that  person’s predecessor in business, except where such 
name is used in such a ma nner as to mislead the public. 
 
Article 60 
Term of a registered geographical indication 
 
The term of a registered geographi cal indication shall be unlimited.  
 
Chapter VI 
GENERAL PROVISIONS CONCERNING PROCEDURES BEFORE THE OFFICE 
 
Article 61 
International right of priority 
 
(1) Any person who has duly filed an application for a patent, industrial design or mark in any 
Member State of the Paris Union or WTO shall enjoy,  for the purpose of filing the application in the 
Republic of Slovenia, a right of priority, for pa tents during a period of twelve months, and for 
industrial designs and marks during a period of six months following the date of filing of the first 
application. 
(2) A person claiming the right of priority referred to  in paragraph (1) shall indicate, when filing the 
application in the Republic of Slovenia, the date of the claimed priority. Within three months after the  IP/N/1/SVN/I/2 
 Page 23 
 
 
filing of the application, the number and State or O ffice of the first application shall be communicated 
to the Office. If the applicant fails to comply with th e provision of this paragraph, the priority shall be 
deemed not to have been claimed.  (3) Upon the request of the Office or, in case of di spute, upon the request of the court, the person 
requesting the right of priority shall submit a copy of the first application, certified by the competent 
authority in the Member State of the Paris Union or WTO, in which such application was filed. A 
copy of the first application may not be required before the expiration of sixteen months from the 
filing of the first application.  
(4) Where the copy of the first application referred to in paragraph (3) is not  the Slovene language and 
the validity of the priority claim is relevant to th e determination of whether the invention concerned is 
patentable, the Office or, in case of dispute, the c ourt may require that a translation of the first 
application in the Slovene language be filed by th e person requesting priority within three months 
from the receipt of the invitation. 
 
(5) Multiple priorities may be claimed in respect of  several previous applications filed in one or 
several countries.   (6) The applicant may claim the right of priority for a patent application on the basis of a utility model application. 
 
(7) Upon request and against payment of the fee pre scribed by the Act regulating administrative fees, 
the Office shall issue a priority cer tificate. An executive regulation issued by the Minister competent 
for the field of industrial property shall define, in gr eater detail, the contents of the priority certificate 
and proceedings relating to the issuance thereof. 
 
Article 62 
Temporary protection at certain international exhibitions 
 
(1) A person who displays an invention, appearance of  the whole or a part of a product, or who uses a 
specific sign for marking goods or services, at an official or officially recognised international 
exhibition, falling within the terms of the Conve ntion on International E xhibitions, signed on 22 
November 1928 and last revised on 30 November 1972, in the Republic of Slovenia or other Member 
State of the Paris Union or WTO, may claim in his application, within three months after the closing 
of the exhibition, the right of priority as of the first day of the display of the invention or appearance of the whole or a part of the product, or of the use of the sign. 
 
(2) A person claiming the right of priority referred to  in paragraph (1) shall indicate, when filing the 
application in the Republic of Slovenia, the type of exhibition, the place at which it was held, the 
opening and closing dates and the first day of exhib ition or use, and submit a written certificate issued 
by a competent authority in the Member State of the Paris Union or WTO, attesting to the official or 
officially recognised international nature of the e xhibition. If the applicant fails to comply with the 
provision of this paragraph, the priority sh all be deemed not to have been claimed. 
 (3) The claiming of priority under paragraph (1) sha ll not extend the time limits of the international 
right of priority referred to in Article 61(1).  
Article 63 
Correction or addition of a priority claim 
 
(1) The applicant may request a correction or additi on of a priority claim with respect to a patent 
application within sixteen months from the date of priority or, where the correction or addition would IP/N/1/SVN/I/2 
Page 24  
 
cause a change in the date of priority, sixteen mo nths from the date of priority as so changed, 
provided that such a request is filed within four months from the date of filing of the application. 
 (2) When filing the request, the applicant shall pay a fee. If the fee is not paid, the request shall be 
deemed to be withdrawn.  
 
(3) Any request referred to in paragraph (1) receive d after the applicant has requested the publication 
under Article 89(2) shall be deemed  not to have been filed, unless the request under Article 89(2) is 
withdrawn before the technical preparations for pub lication of the application have been completed. 
 
(4) Where the correction or addition of a priority cl aim causes a change in the date of priority, the 
time limits shall be computed from the date of priority as so changed. 
 
Article 64 
Restoration of the right of priority 
 
(1) Where a patent application which could have cl aimed the priority of an earlier application has a 
filing date which is later than the date on which th e priority period expired, but within two months 
from that date, the applicant may request the restoration of the right of priority, if he failed to file the 
application within the time limit referred to in Artic le 61(1) in spite of all due care required by the 
circumstances having been taken. 
 
(2) The request for restoration of the right of priori ty shall be filed within two months from the date 
on which the priority period expired and before technical preparations for publication of the 
application have been completed. Upon filing the requ est, the fee shall be paid. If the fee is not paid, 
the request shall be deemed to be withdrawn.  
 
Article 65 
Prohibition to extend the scope of an application 
 
(1) As from the date of filing, the subject-matter of a patent application may not be extended beyond 
he subject-matter of the application as initially filed. 
 
(2) As from the date of filing, in the case of an i ndustrial design application, the appearance of the 
whole or a part of a product shall not be substa ntially modified, or the number of products increased. 
 (3) As from the date of filing, in the case of a mark  application, the sign shall not be substantially 
modified, or the original number of goods or services increased. 
Article 66 
Extension of time limits 
 
(1) The applicant for or owner of a right may re quest, prior to the expiration of a time limit, its 
extension for up to three months. 
 
(2) The time limits for filing an action as well as those referred to in paragraph (1) and in 
Articles 13(1), 27(2), 35(2), 61(1), 62(1), 63(1), 64( 2), 67(2), 68(2), 80(3), 86(3), 91(1), 92(3), 94(2) 
and (3), 101(1) and (5), 109, 110, 117( 1), 130(2) and 137(2) shall not be extended. 
 
Article 67 
Further processing after the non-observance of a time limit 
 
(1) The applicant, who has failed to comply with  a time limit set out for the fulfilment of the 
obligations required in the proceedings for the acquisition of a right, may request that the non- IP/N/1/SVN/I/2 
 Page 25 
 
 
observed time limit be deemed to have been comp lied with, that legal consequences of such non-
observance be abolished, and that the Office conti nues the proceedings for the acquisition of the right. 
(2) The request for further processing shall be filed,  the omitted act must be completed, and the fee 
shall be paid within two months from the date on which the applicant was informed of the failure to 
comply with the time limit and the legal conseque nces of such non-observance. If the omitted act is 
not completed or if the fee is not paid in due time,  the request shall be deemed to be withdrawn.  
 (3) The grant of further processing may not be re quested for the non-observance of the time limit 
referred to in paragraph (2) and the time limit for fili ng an opposition or action, or if a request for the 
grant of restitutio in integrum or for correction or a ddition of a priority claim or for restoration of the 
right of priority has been filed. 
 
(4) If the Office grants a request for further pro cessing, Article 68(6) or (7) shall apply mutatis 
mutandis.  
Article 68 
Restitutio in integrum 
 
(1) A party to the proceedings before the Office  who, in spite of all due care required by the 
circumstances having been taken, was unable to ob serve any time limit set out for the obligations 
required by the Office in accordance with this Act and the executive regulations issued pursuant to 
this Act, may request, on the basis of justifiable reasons, to have his rights re-established if the non-
observance had the consequence of causing the deeming of the application, or of any request, to have 
been withdrawn, or the rejection or refusal, or the loss of the right.  (2) The request for the grant of restitutio in integr um shall be filed within three months from the 
removal of the cause of non-compliance with the time limit, or, if the party only learned subsequently 
about that non-compliance, from the day when the party learned. Upon filing the request, the omitted act shall be completed and a fee shall be paid. Fa ilure to observe this condition shall lead to the 
request being deemed to be withdrawn.  (3) The request for the grant of r estitutio in integrum may not be refused, wholly or in part, without 
previously notifying the requesting party in writing of the reasons for the intended refusal, in whole or 
in part, and without inviting him to react, within th ree months from the receipt of the invitation, to the 
reasons.  (4) The request for the grant of restitutio in inte grum shall only be admissible within one year 
following the expiry of the unobserved time limit. 
 (5) The grant of restitutio in integrum shall not be  requested for the non-obser vance of the time limit 
prescribed for the filing of the opposition or action, or the copy of the first appl ication, the request for 
the grant of restitutio in integrum, the request for the grant of further processing, the request for the 
right of priority, the request for a correction or additio n of priority claim, or the request for restoration 
of the right of priority. 
 (6) Any person who in good faith has used or made effective and serious preparations for using an 
invention or an industrial design which is the subj ect of a published application in the course of the 
period between the loss of the right referred to in paragraph (1) and publication of the mention of re-
establishment of that right, may, without payment, continue such use in the course of his business or 
for the needs thereof.  (7) Where the applicant for or owner of a mark has his right re-established, he may not invoke his rights to any person who, in good faith, has put goods  on the market or supplied services under a sign IP/N/1/SVN/I/2 
Page 26  
 
which is identical with or similar to the mark in the course of the period between the loss of the right 
referred to in paragraph (1) and publication of the mention of re-establishment of that right. 
 
Article 69 
Withdrawal of a request 
 
(1) A party to the proceedings be fore the Office may, at any time in the course of a proceeding, 
withdraw any request he might have filed.  
 
(2) The request is deemed to be withdrawn as of th e date when the Office receives the request for its 
withdrawal. 
 (3) On the basis of the request for the withdrawal of a request, the Office shall issue an order on the 
termination of the proceeding.  
 
(4) If the applicant withdraws a request for the gran t of a patent after technical preparations for 
publication of the application have been complete d, and the application has been published, the 
publication of the application shall not be deemed to form part of the state of the art under Article 12. 
 
Article 70 
Notification of the applicant before refusal of a right 
 
(1) The Office may not issue a decision on refusal, in whole or in part, of a request for the grant or registration of a right without previously informing the applicant in writing of the reasons and without inviting him to react, within three months from the r eceipt of the invitation, to the reasons or amend 
the submitted request.  
(2) If the applicant reacts in due time to the reasons for refusal of his request, or amends the request, 
the Office shall, before issuing the decision, verify whether the reasons for the refusal, in whole or in 
part, still exist.  
Article 71 
Administrative litigation  
 
There shall be no appeal against a decision or orde r issued by the Office; however, an action in the 
administrative litigation proceedings may be filed w ith the Administrative Court of the Republic of 
Slovenia in Ljubljana. The court shall decide on the case at its seat in Ljubljana.  
Article 72 
Proceedings relating to actions 
 
(1) The court shall immediately notify the Office of the receipt of an action under this Act and of the 
final decision. The court shall submit its judgement, together with the confirmation that it is legally 
binding, to the Office for execution. 
 
(2) The Office shall issue a decision thro ugh which the court decision is executed. 
 (3) Proceedings relating to actions under this Act shal l be expeditious. The court shall accord priority 
to decisions relating to actions under this Act. 
 
(3) Paragraphs (1) and (2) shall not apply to  litigations concerning infringements of rights. 
  IP/N/1/SVN/I/2 
 Page 27 
 
 
Article 73 
Inventor, designer 
 
(1) In the procedure for the grant of a patent, the inventor mentioned as such in the application shall 
be deemed to be the inventor, excep t when the court decides otherwise. 
 
(2) Paragraph (1) shall apply mutatis mutandis to designers.  (3) The Office shall not verify the accuracy of the data on the inventor or designer. 
 
Article 74 
Owner of a right 
 
(1) Patents shall be granted and industrial designs or marks registered in the name of the person who 
is designated as the applicant at the time of the grant or registration. 
 
(2) Where several persons are designated as join t applicants, paragraph (1) shall apply mutatis 
mutandis. Mutual relations between the persons desi gnated as joint applicants shall not be determined 
by the Office. 
 
Article 75 
Transfer and licensing of rights 
 
(1) The owner of a patent, industrial design or mark may assign by contract, in part or in whole, his 
right and conclude licence agreements.  
(2) Paragraph (1) shall apply mutatis mutandis  to the applicant. 
 (3) Neither a collective mark nor a geographical i ndication may be transferred or be subject of a 
licence agreement.   
Article 76 
Date of the acquisition of a right 
 
(1) Subject to paragraph (2), the rights under Artic les 18, 37, 47 and 58 shall be acquired as of the 
date of their entry in the corresponding register. 
 
(2) Subject to Article 122, the right under Article 18( 1) may not be not enforceable by an action under 
Article 121  for infringement of a patent  before the date of issuance of a declaratory  decision under 
Article 93(1)(a) or (b), or before the date of the entry of a European patent already granted in the 
Office’s register.  
Article 77 
Lapse of rights 
 
Notwithstanding the terms laid down in Articles 22, 23, 40 and 52, the granted or registered rights 
shall lapse:  
(a) in case that the owner renounces his right, on the da y following the date on which the request for 
renunciation is received by the Office;  (b) if prescribed fees are not paid in conf ormity with the provisions of this Act; 
 IP/N/1/SVN/I/2 
Page 28  
 
(c) pursuant to a final decision of the court or a d ecision of the Office in those cases provided by this 
Act, on the date specified in such decision.  
Article 78 
Correction of errors 
 
(1) The Office may at any time, ex officio or up on request, correct errors in names, dates and 
numbers, and other obvious errors in its acts, publications and registers. 
 (2) Corrections of errors shall be published in the Official Journal. 
 
Chapter VII 
PROCEDURE FOR THE ACQUISITION OF RIGHTS 
 
Section I 
Filing of applications and examin ation as to formal requirements 
 
Article 79 
Requirements of an application 
 
(1) The application shall contain a statement to the effect that the acquisition of a right is requested, 
and: 
 
(a) for patents, all items listed in Article 86(1); 
 (b) for industrial designs, all ite ms listed in Article 94(1); 
 
(c) for marks, all items listed in Article 97(1) and, for collective marks, also the regulations referred to 
in Article 46.  (2) The application shall also contain:  
(a) a power of attorney, if the applica tion has been filed by a representative; 
 (b) the translation in the Slovene language of th e application which has been filed in a foreign 
language in accordance with Article 81(2);  
(c) receipt for payment of the full amount of the filing fee. 
 (3) Executive regulations issued by the Minister co mpetent for the field of industrial property shall 
define, in greater detail, the contents of the app lication, and proceedings relating to the grant of 
patents and registration of i ndustrial designs and marks. 
 
Article 80 
Form of the application and the means of filing 
 
(1) The application for the acquisition of a right shall comply as to its contents and form with 
provisions of this Act and the regulations issued pursuant to this Act. It shall be legible and 
transmitted in a manner which enables a clear  and proper reproduction of its contents. 
 (2) The application shall be filed in writing, either  directly or by post, by facsimile machine or by 
other electronic means of communication. An executiv e regulation issued by the Minister competent 
for the field of industrial property shall define, in greater detail, the manner of filing applications by 
other electronic means.  IP/N/1/SVN/I/2 
 Page 29 
 
 
 (3) Where an application, which has been transm itted by facsimile machine or by other electronic 
means, is not legible or can not be clearly an d properly reproduced, the Office shall invite the 
applicant to submit, within three months following  the receipt of the invitation, a copy of that 
application in writing. If the requested copy is not  transmitted in due time, the application shall be 
deemed to be withdrawn. 
 (4) When filing the application, or no later than thr ee months after the date of receipt of the invitation, 
the filing fee shall be paid. If the fee is not paid in full in due time, the application shall be deemed to 
be withdrawn. 
 
Article 81 
Language of applications 
 
(1) Applications shall be filed in the Slovene la nguage, unless otherwise provided by this Act or an 
international treaty which is binding on the Republic of Slovenia. 
 (2) Applications may be filed in a foreign language, provided that it includes at least the indication of 
the right requested, and the indication allowing the a pplicant to be contacted by the Office, in the 
Slovene language or in one of the official langua ges of the EPC, the Madrid Agreement, the Madrid 
Protocol or the Hague Agreement. 
 
(3) If an application is filed in a foreign langua ge, the applicant shall submit to the Office the 
translation thereof in the Slovene language within th ree months following receipt of the invitation. If 
the Office does not receive the translation in due  time, the application shall be deemed to be 
withdrawn. 
 
(4) The Office shall conduct the proceedings on the basis of the application in the Slovene language. 
Article 82 
Date of filing 
 
(1) Subject to Article 81(2), the Office shall accord the date of filing and number to any application 
containing at least: 
 (a) a statement to the effect that the acquisition of a right is requested;  (b) indications allowing the identity of the applicant to be established or allowing the applicant to be 
contacted by the Office; 
 (c) essential items of an application for the requested right referred to paragraph (2). 
 (2) Essential items referred to in paragraph (1)(c) are the following:  
(a) for patents, a part of the application whic h on the face of it appears to be a description; 
 (b) for industrial designs, a photograph or graphical representation of the appearance of the whole or a 
part of the product or, with two-dimensional products, where deferment of publication under 
Article 94(2) has been requested, a specimen of that product or its part; 
 
(c) for marks, a representation of the sign and a list of the goods or services for which the protection is sought and, for collective marks, also th e regulations referred to in Article 46. 
 IP/N/1/SVN/I/2 
Page 30  
 
(3) Subject to Article 83, the date of filing of an application shall be the date on which the Office has 
received all items referred to in paragraph (1), unless otherwise provided by this Act or by an 
international treaty which is binding on the Republic of Slovenia. The Office shall issue a receipt to the applicant to the effect that it received the app lication, indicating the date of filing and number of 
the application.  
 
(4) If the application does not contain all items referr ed to in paragraph (1) and can not be accorded 
the date of filing and number, the Office shall, as soon as it receives the indication allowing it to make 
contact with the applicant, notif y the applicant accordingly and inv ite him to amend the application 
within three months from the receipt of the invitati on, to fulfil at least the conditions laid down in 
paragraph (1). 
 (5) If the application referred to in paragraph (4) is amended in due time so as to contain all items 
referred to in paragraph (1), the Office shall accord  to the application the date of filing and number. 
The date of filing of such application shall be th e date when the Office received all of the items 
referred to in paragraph (1), and shall issue a receipt to that effect to the applicant. 
 (6) If the application referred to in paragraph (4) is not amended in due time,  or is not amended as 
requested, it shall be deemed to be withdrawn, and the Office sha ll notify the applicant accordingly. 
 
Article 83 
Particularities concerning the filing date 
 
(1) Where, in establishing the filing date, it appears that a part of the description is missing from the application, or that the application refers to  a drawing which appears to be missing from the 
application, the Office shall promptly notify the applicant accordingly and invite him to amend the 
application within three months from the receipt of the invitation. 
 (2) Where a missing part of the description or a missing drawing is filed with the Office within the time limit prescribed in paragraph (1), that part of  the description or that dr awing shall be included in 
the application, and the date of filing shall be the date on which the Office has received that part of the 
description or that drawing, or the date on which it has received all of the items referred to in 
Article 82(1), whichever is later. 
 (3) Where the applicant claims the priority under Ar ticle 61 in respect of an application from which a 
part of the description or a drawing appears to be missing, the missing part of the description or 
missing drawing shall be completely contained in the earlier application. 
 
(4) Where the applicant claims the priority under Article 61, the essential items of the application 
referred to in Article 82(2)(a) shall be  deemed to have been filed, for the purposes of the date of filing, 
if the applicant, when filing the application in the Republic of Slovenia, indicates the date, number 
and State or Office of the previous  application. In such case, the a pplicant shall submit the copy of the 
previous application referred to in Article 61(3) w ithin three months from the receipt of the invitation, 
unless the previous application was filed with the O ffice, or is available to the Office from a digital 
library which is accepted by the Office for that purpo se. If the applicant fails to submit the copy, the 
right of priority shall be deemed not to have been requested. 
Article 84 
Invitation to submit all items 
 
(1) Where an application to which the date of f iling and number were accorded does not contain all 
items referred to in Article 79, the Office shall i nvite the applicant to amend the application within 
three months from the receipt of the invitation, and to remedy deficiencies.   IP/N/1/SVN/I/2 
 Page 31 
 
 
(2) If the application referred to in paragraph (1) is not amended in due time,  or is not amended as 
requested, it shall be deemed to be withdrawn,  except in cases referred to in Articles 128(4) 
and 129(5).  
Article 85 
Examination of an application as to formal requirements  
 
(1) When an application contains all items referred to in Article 79, the Office shall examine whether 
the items of the application or supplements or evid ence, if any, are, as to their contents and form, 
drawn up as prescribed by this Act and the re gulations issued pursuant to this Act. 
 
(2) In the case of a patent application, the Office  shall also examine whether the invention meets the 
requirements of Article 87(2) and (4), and whether a ll fees have been paid, including any renewal fees 
under Articles 109(4) or 110(4).  
(3) If, in the case of a mark application, the O ffice establishes that the list of goods and services 
contains a good or service which is not classified according to the international classification 
established by the Nice Agreement Concerning the Inte rnational Classification of Goods and Services 
for the Purposes of the Registration of Marks of 15  June 1957, as revised on 14 July 1967 (Official 
Gazette SFRJ-MP No 51/74, Official Gazette RS-MP No 9/92), hereinafter referred as “the Nice Classification”, or is classified in the wrong class, the Office may, in the case of minor irregularities, on its own motion, classify the good or service according to the Nice Classification, or correct the 
classification, and inform the applicant accordingly.  Where the Office groups or corrects more than 
five classifications of goods or services accordi ng to the Nice Classification, it shall invite the 
applicant to pay, within one month from the receipt of the invitation, the fee for classification. If the 
applicant fails to pay the fee in due time, the a pplication for the goods or services which the Office 
classified according to the Nice Classification or corr ected the classification thereof, shall be deemed 
to be withdrawn. 
(4) If, in the case of a mark app lication, the Office establishes that a good or service in the list of 
goods and services is indicated by a term that is t oo vague for the purposes of a correct classification 
according to the Nice Classification, or if the Offi ce does not act according to paragraph (3), it shall 
invite the applicant to remedy irregularity within th ree months from the receipt of the invitation. If the 
applicant fails to remedy the irregularity in due time, the application for the goods or services which 
were not clearly indicated or correctly classified according to the Nice Classification shall be deemed 
to be withdrawn. 
(5) If any deficiencies are noted in the application or in supplements or ev idence, the Office shall 
invite the applicant to remedy deficiencies within  three months from the receipt of the invitation. 
(6) If the applicant does not remedy all deficiencies in  due time, the application shall be deemed to be 
withdrawn, except in the cases re ferred to in paragraphs (3) and (4), and in Articles 128(4) 
and 129(5). 
 
(7) If the Office establishes that  all the items of the application or supplements or 
evidence, if any, 
comply, as to their contents and form, with the pr ovisions of this Act and the regulations issued 
pursuant to this Act, the proceedings shall continue: 
(a) for patent applications, under Ar ticle 88 and subsequent articles; 
 (b) for industrial design applications, under Article 96;  (c) for mark applications, under Ar ticle 99 and subsequent articles. IP/N/1/SVN/I/2 
Page 32  
 
 
Section II 
Special provisions for patents 
 
Article 86 
Requirements of a patent application 
 
(1) A patent application shall contain: 
 (a) a request for the grant of a patent; 
 
(b) a description of the invention;  (c) one or more claims;  
(d) a short summary of the subject-matter of the inve ntion, hereinafter referred to as “the abstract”; 
 (e) if necessary, one or more drawings of the invention.   (2) Not later than up to the issue of an order on th e publication of the application, the applicant may 
file a divisional application in respect of subj ect-matter which does not extend beyond the content of 
the earlier application. The divisional application sha ll be deemed to have been filed on the date of 
filing of the earlier application and shall have the be nefit of the same right to priority as the earlier 
application.  (3) Short-term patents shall be requested when fili ng the patent application or within twelve months 
from the date of filing. After the expiry of th is time limit, the request shall be irrevocable. 
 
Article 87 
Substance of requirements of a patent application 
 
(1) The request for the grant of a patent shall c ontain data on the applicant (surname, forename and 
address, or firm and seat), the title of the inventi on defining its subject-matter, and other data relating 
to the application which are prescrib ed by an executive regulation. 
 (2) The description of the invention shall include the presentation of the problem, information on the 
state of the art or of other solutions available by  that time and their deficiencies which have been 
known to the applicant, together with a description of the new solution to the problem. The invention 
shall be described in a manner sufficiently clear a nd complete for it to be carried out by a person 
skilled in the art to which the subject-matter of the invention relates.  (3) If an invention relates to biological material  defined by an executive regulation, which is not 
available to the public and can not be described in a manner to be carried out by a person skilled in the 
art to which the subject-matter of the invention re lates, the description of the invention shall be 
supplemented by a certificate of the deposit of biol ogical material with an international depository 
authority under Article 7 of the Budapest Treaty on the International Recognition of the Deposit of 
Micro-organisms for the Purposes of Patent  Procedure of 28 April 1997, and amended 
on 26 September 1980 (Official Gazette RS-MP No 21/97).  
 
(4) The claims shall define the subject-matter for wh ich protection is sought. They shall be clear and 
concise and be supported by the description.   IP/N/1/SVN/I/2 
 Page 33 
 
 
(5) The abstract shall merely serve for use as techni cal information; it may not be taken into account 
for any other purpose, in particular not for the purpose of interpreting the scope of the protection 
sought.  (6) A patent application may relate to several inven tions, provided that they are so linked as to form a 
single inventive concept. 
 
Article 88 
Examination of requirements for the grant of a patent 
 
(1) In the examination preceding the grant of a patent, the Office shall examine: 
 (a) whether, subject to Article 11, the subject-m atter of the claimed invention is patentable; 
 (b) whether the claimed invention meets, at first sight, the requirements of Articles 12, 14 and 15. 
(2) In the examination preceding the grant of a short-term patent, the Office shall examine: 
 (a) whether, subject to Article 11(1) and (2)(a), the subject-matter of the invention to which the 
application relates may be prot ected by a short-term patent; 
 (b) whether the claimed invention meets, at first sight, the requirements of Articles 12, 15 and 16. 
(3) If the Office establishes that th e claims of the patent application meet all the requirements of 
paragraph (1), or that the claims of the short-te rm patent application meet all the requirements of 
paragraph (2), it shall decide to publish the application in the Official Journal. 
 (4) If the Office establishes that the claims of the pa tent application do not meet all the requirements 
of paragraph (1), or that the claims of the s hort-term patent application do not meet all the 
requirements of paragraph (2), it shall refuse the application. 
(5) If the Office establishes that the claims of the patent application do not meet the requirements of 
paragraphs (1) and (2) only in part, it sha ll refuse the application only in that part. 
 
Article 89 
Publication of a patent application 
 
(1) The Office shall publish a patent application af ter the expiry of a period of eighteen months from 
the date of the filing or, if priority has been claimed, the date of priority.  
(2) The applicant may request that the application be published before the expiry of the period 
referred to in paragraph (1), but no  earlier than after the expiry of three months from the date of the 
filing or, if priority has been claimed, the date of priority.  (3) The Office shall publish a patent application togeth er with the mention of the grant of the patent. 
 
Article 90 
Grant of a patent 
 
(1) The Office shall issue a decision on the grant of a patent and enter the patent in the register of 
patents. The date of the publication of a patent app lication shall be deemed to be the date of the grant 
of a patent. 
 IP/N/1/SVN/I/2 
Page 34  
 
(2) Until the issuance of a decision under Article 93,  the scope of protection shall be determined by 
the contents of claims as published. 
 
Article 91 
Time limit for submission of a written evidence 
 
(1) Owners of patents or exclusive rights from pa tents shall submit to the Office no later than the 
expiry of the ninth year of the patent term written evidence that the patented invention satisfies all the 
requirements of Articles 10, 12, 14 and 15.  
(2) Owners of patents or exclusive rights from pa tents shall pay, when submitting the evidence under 
paragraph (1) or within three months from the receipt of the invitation, a fee for the declaratory decision. If the fee is not paid in due time, the ev idence shall be deemed not to have been submitted. 
(3) If the owner of a patent or exclusive right from a patent fails to act in accordance with 
paragraph (1), the patent shall lapse on the date of the expiry of the tenth year of the patent term. 
 
(4) If the owner of a patent submits the evidence refe rred to in paragraph (1) with respect to an action 
under Article 121, the Office shall issue one of th e decisions referred to in Article 93 using an 
expeditious procedure. 
(5) The provisions of this Article sh all not apply to short-term patents. 
 
(6) In the case of a European patent, which is valid  in the Republic of Slovenia on the basis of a 
European patent application filed in accordance with Article 3(2), the provisions of this Article and of 
Articles 92 and 93 are directly fulfilled as of the date on which the EPO publishes the mention of its 
granting.   
Article 92 
Forms of written evidence 
 
(1) A Slovene translation of a European patent, or  several European patents, granted for the same 
invention by the EPO shall be considered  evidence as referred to in Article 91.  
 
(2) If no application for a Europ ean patent has been filed for the same invention, the Slovene 
translation of a patent for the same invention, gr anted, following substantive examination, by another 
authority which, under Article 32 of the PCT, en joys the status of International Preliminary 
Examining Authority, or by any other patent office with which a relevant treaty has been concluded, 
may be submitted as evidence under Article 91. 
(3) If the granting proceedings, which constitute the evidence under paragraph (1) or (2), have not yet 
been finished, the applicant sha ll inform the Office accordingly in  the time limit prescribed in 
Article 91(1). On the basis of that information,  the Office shall interrupt the proceedings. The 
proceedings shall continue if the applicant submits  evidence under this Article within three months 
after the grant of the patent. If the evidence under this  Article is not submitted in due time, the patent 
shall lapse on the date of the expiry of  the tenth year of the patent term. 
 
(4) A Slovene translation of a patent which constitu tes the evidence referred to in Article 91 shall not 
confer protection which is broader than th at conferred by it in the original text. 
 (5) Where the Office doubts the correctness of the tran slation, it may request that the owner of a 
patent or exclusive right from a pa tent submits, within three months from the receipt of the invitation,  IP/N/1/SVN/I/2 
 Page 35 
 
 
a certified text of the Slovene translation wh ich constitutes the evidence from Article 91. If the 
certified text of the Slovene translation is not file d in due time, the evidence is deemed not to have 
been submitted.  (6) When the evidence is submitted pursuant to paragra ph (2), the owner of a patent or exclusive right 
from the patent shall submit a list and copies of a ll other patents which could be considered as 
evidence, including data on patent applications a nd patents which have been refused. If the list and 
copies of the patents do not supplement the eviden ce, the evidence is deemed not to have been 
submitted.  
(7) If the Office establishes that th e evidence under this Article is forged or is not true, it declares the 
patent to be void.  (8) When the owner of a patent or exclusive right from a patent does not have an evidence referred to 
in paragraph (1) or (2), he may request, against paym ent of a fee, that the Office obtains relevant data 
or opinions to be used as the basis for the issuing of one of the decisions under Article 93 from any of 
the authorities or offices listed in paragraph (2).  
Article 93 
Issuing declaratory decisions 
 (1) On the basis of the submitted evidence and ot her documents under Article 92, the Office shall 
issue:  (a) a declaratory decision stating that the inventio n meets the requirements of Articles 10, 12, 14 and 
15, and that the claims of a patent granted entirely meet those requirements; or 
 
(b) a declaratory decision stating that the inventi on meets the requirements of Articles 10, 12, 14 and 
15 only in part, and thereby correspondingly am ending the claims of a patent granted; or 
 (c) a declaratory decision stating that the invention failed to meet the requirements of Articles 10, 12, 
14 and 15 on the date of the filing of the applicati on, and thereby declaring the patent to be void. 
 
(2) A decision under paragraph (1)(b) or (c) may not be  issued by the Office if it has not previously 
notified the owner of a patent of the intended amendm ents of claims or the nullity of a patent, and if 
the owner of a patent has not been invited to comme nt, within three months from the receipt of the 
invitation, on the decision, or amend the claims. If the owner of a patent comments on the decision, or 
amends the claims in due time, the Office shall, before issuing the decision under paragraph (1)(b) or 
(c), verify if the reasons for the issuance thereof s till exist. If the owner of a patent fails to comment 
on the decision in due time, it shall be deem ed that he shares the opinion of the Office. 
 (3) Patent claims which are amended pursuant a decision under paragraph (1)(b) shall not confer 
protection which is broader than that conferred by claims of a patent granted by a decision under 
Article 90. 
(4) Where the Office establishes, on the basis of  the submitted evidence under Article 92, that the 
patent granted does not meet the requirement of Artic le 87(6), it shall divide the patent into several 
patents preserving the date of filing of the initial app lication and, if priority is claimed, the date of 
priority. 
 IP/N/1/SVN/I/2 
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Section III 
Special provisions for industrial designs 
 
Article 94 
Requirements of an industrial design application 
 
(1) An application for an industrial design shall contain: 
 (a) a request for the registration of an industrial design;  
(b) a photograph or graphical representation of the app earance of the whole or a part of the product, or 
of the products in case of a multiple application, in the number of copies prescribed by an executive regulation.  (2) The applicant may request, when filing the appli cation, that the essential data of the application 
shall not be published before the expiry of twelve mo nths from the date of filing of the application or, 
if a priority is claimed, the date of priority. The multiple application can not contain a request for 
deferment of publication for only some products.  (3) Where the industrial design is two-dimensiona l, including a textile design or hologram, and a 
request for deferment of publication is made in ac cordance with paragraph (2), the application may, 
instead of containing a photograph or graphical repre sentation of the appearance of the whole or a part 
of the product, be accompanied by a specimen of that product or the part thereof. The photograph or graphical representation of the product, in the number of copies prescribed by an executive regulation, 
shall be submitted no later than two months before  the expiry of the time limit for requested 
deferment of publication under paragr aph (2). In the opposite case, the application shall be deemed to 
be withdrawn. 
 
Article 95  
Substance of requirements of an industrial design application 
 
(1) The request for the registration of an industria l design shall contain data concerning the applicant 
(surname, forename and address, or firm and seat), an indication of the product to which the subject-
matter of the application relates, a suggestion fo r the classification according to the international 
classification established by Locarno Agreement on Inte rnational Classification for Industrial Designs 
of 8 October 1968 (Official Gazette SFRJ-MP, No 51/74, Official Gazette RS-MP, No 9/92), hereinafter referred as “the Locarno Classification”, and other data relating to  the application which 
are prescribed by an executive regulation. 
(2) An industrial design application may cover several products, provided that they belong to a single 
class of the Locarno Classification.  (3) The photograph or graphical representation of the appearance of the whole or a part of the product shall clearly show the novelty and the individual ch aracter of the appearance of the product for which 
protection is sought. 
 
Article 96 
Examination of requirements for the registration of industrial designs 
 (1) The Office shall examine whether the design to which the application relates may be protected by 
an industrial design, subject to provisions of Article 36, but excluding item (b).   IP/N/1/SVN/I/2 
 Page 37 
 
 
(2) Where the Office establishes that the design to which the application relates meets the 
requirements of paragraph (1), it shall issue a deci sion on the registration of the industrial design, 
enter the industrial design in the register and publish the mention of the registration.  (3) Where the Office establishes that  the design to which the appli cation relates does not meet the 
requirements of paragraph (1), it shall re fuse the application wholly or in part. 
 
Section IV 
Special provisions for marks 
 
Article 97 
Requirements of a mark application 
 
(1) A mark application shall contain:  
(a) a request for the registration of a mark; 
 (b) a list of the goods or services for which the protection is sought;  (c) a representation of the sign, in the number of copies prescribed by an executive regulation. 
 
(2) A collective mark application shall contain, besides items listed in pa ragraph (1), also the 
regulations referred to in Article 46.  (3) A separate application shall be filed for each si gn, however, the registration of the same mark may 
be requested, in the same application, for several kinds of goods or services. The applicant may also 
request, on the basis of several applications, the registration of several different or similar marks for 
the same kind of goods or services.  (4) Any application listing goods or services be longing to two or more classes of the Nice 
Classification may, during the registration procedur e, including administrative litigation, be divided, 
upon the request of the applicant, into several appli cations. Each application shall preserve the date of 
filing of the initial application and, if prio rity is claimed, the date of priority. 
 
Article 98 
Substance of requirements of a mark application 
 
(1) The request for the registration of a mark sha ll contain data concerning the applicant (surname, 
forename and address, or firm and seat), where the sign is in colours, an indication of colours, where the mark is a three-dimensional mark or a collectiv e mark, a statement to that effect, and other data 
relating to the application which are prescribed by an executive regulation.  (2) Goods and services shall be classified in the lis t of goods or services in accordance with the Nice 
Classification. 
 
Article 99 
Examination of absolute requirements for the refusal of a mark 
 (1) In the examination preceding the publication of a mark application, the Office shall examine 
whether the sign to which the application relates may be registered as a mark, subject to provisions of 
Articles 42 and 43. Where the application relates to  a collective mark, the Office shall also examine 
whether the application meets the requirements of Articles 45 and 46.  IP/N/1/SVN/I/2 
Page 38  
 
(2) Where the Office establishes that the sign to wh ich the application relates meets the requirements 
of paragraph (1), it shall publish the application.  (3) Where the Office establishes that the sign to which the application relates does not meet the 
requirements of paragraph (1), it shall re fuse the application wholly or in part. 
Article 100 
Opposing observations by third parties 
 
(1) Following the publication of a mark app lication, any person may present to the Office 
observations concerning the registration of a sign, subject to Articles 42 and 43, and shall state the 
reasons. 
 (2) The person submitting such observations to the O ffice shall not be a party to the proceedings 
before the Office.  
(3) The Office shall communicate the observations by third parties referred to in paragraph (1) to the 
applicant who may comment on them.  
Article 101 
Opposition against registration of a mark 
 (1) Within three months following the publication of a mark application, a written notice of 
opposition to registration of the mark may be filed with the Office by the owner of an earlier mark.  
 (2) The notice of opposition may only be given on th e grounds referred to in Article 44 and shall 
contain supporting evidence. 
 
(3) The opposition under paragraph (1) may also be filed by the owner of a mark which has been 
registered in any Member State of the Paris Uni on or WTO and has been applied for in the Republic 
of Slovenia by his agent or representative without the owner’s consent.  (4) Where the ground for opposition is Article 44(1)(f),  a notice of opposition under this Article may 
also be filed by an owner of the earlier right referred to in Article 44(1)(f).  
 (5) When filing the opposition, or no later than th ree months from the receipt of the invitation, the 
opposition fee shall be paid, and a power of attorn ey shall be submitted, if the opposition has been 
filed by a representative. 
(6) If the opponent withdraws the opposition, th e withdrawal may not be cancelled later on.  
 (7) If the opposition does not meet requirements under this Article, it shall be deemed not to have 
been filed. 
 
Article 102 
Examination of the application following the opposition 
 
(1) The Office shall notify the applicant for a mark of an opposition filed. The applicant may, within 
three months from the receipt of the notification, comment on the opposition. 
 
(2) On the basis of the opposition and any observati ons from the applicant for a mark, the Office shall 
examine the grounds for the opposition.   IP/N/1/SVN/I/2 
 Page 39 
 
 
(3) Where the examination of the opposition reveal s that the opposition is not grounded and that the 
mark may be registered in respect of the goods or  services for which the application has been made, 
the Office shall refuse the opposition.  (4) Where the examination of the opposition reveal s that the opposition is grounded and that the mark 
may not be registered in respect of all or some of the goods or services for which the application has 
been made, the Office shall refuse th e application wholly or in part. 
 
Article 103 
Registration of marks 
 
(1) Where no notice of opposition to registration of the mark has been filed or where opposition has 
been refused or has been deemed not  to have been filed, the Office shall invite the applicant to pay, 
within three months from the receipt of the i nvitation, the registration fee which includes the 
maintenance fee for the first ten years. 
 
(2) Following the payment of the fee referred to in paragraph (1), the Office shall issue a decision on 
registration of the mark, enter the mark in the re gister and publish the mention of the registration. 
 (3) If the applicant fails to pay the fee referred to in  paragraph (1) in due time, the application shall be 
deemed to be withdrawn. 
 
Section V 
Special provisions for geographical indications 
 
Article 104 
Registration of geographical indications 
 
(1) A request for the registration of a geographical in dication may be filed by associations of legal or 
natural persons, chambers, co mmunes, larger local communities or State authorities. 
 (2) The request under paragraph (1) shall be accompan ied by a specification including in particular: 
 
(a) indication to be registered as a geographical indication;  (b) indication of the good to which that geographical indication relates;  
(c) a description of the good including the raw materials and principal physical, chemical, 
microbiological, organoleptic or other characteristics of the good;  (d) indication of location or region, including borders;  (e) a description of the method of obtaining the good and, if necessary, the authentic and unvarying 
local methods; 
 (f) details bearing out the link between the good and the location or region; 
 (g) details of inspection structures; 
 
(h) labelling details.  (3) Where the request complies with the provisions of this Article and of Articles 55 and 56, the 
Office shall issue a decision on the registration of the geographical indication, enter the geographical 
indication in the register and publish the mention of the registration. IP/N/1/SVN/I/2 
Page 40  
 
 (4) Provisions of this Article shall not apply to ge ographical indications which have been protected by 
virtue of Article 55(3).  
 
Chapter VIII 
REGISTERS AND MAINTENANCE OF RIGHTS 
 
Article 105 
Registers 
 
(1) The Office shall keep registers of patents, s upplementary protection certificates, industrial designs, 
marks and geographical indications, and registers of applications for the above-mentioned rights. 
Registers shall be open to public inspecti on, unless otherwise provided by this Act. 
 (2) The date of the grant of a patent or a supplemen tary protection certificate, or the date of issuance 
of a decision on the registration of industrial d esign, mark or geographical indication shall be 
considered as the date of entry in the register. 
(3) The Office shall deliver extracts from registers on request and against payment of a fee prescribed 
by the Act regulating administrative fees. 
(4) An executive regulation issued by the Minister competent for the field of industrial property shall 
define, in greater detail, the contents of registers, the contents of requests for entry of alterations in 
registers, the procedure for entry of such alterations, the contents of extracts from registers and the 
procedure for deliverance of such extracts.  
Article 106 
Contents of registers 
 
(1) The register of patents shall contain primarily the following entries: registration number, date of 
filing and number of the application, requested right of priority, date of publication, date of entry in 
the register, number and date of issuance of the d eclaratory decision under Article 93, data concerning 
the owner (name and address), type of the patent, data concerning the inventor (name and address), 
title of the invention, data concerning the maintena nce of the patent, date of lapse of the patent. 
 
(2) The register of supplementary protection certific ates shall contain primarily the following entries: 
registration number, date of filing and number of the application, date of publication of the application 
and the grant, date of entry in the register, data concerning the applicant and the holder (name and address), title of the product, registration numbe r of the patent on the basis of which the 
supplementary protection certificate has been granted, number and date of the authorization to place 
the product on the market in the Republic of Slov enia or on the Community market as a medicinal 
product or plant protection product, indication of the state, where the authorization has not been issued by a competent Community authority under a centralised procedure, date until which the 
certificate is effective, data concerning the mainte nance of the certificate, date of lapse of the 
certificate. 
 
(3) The register of industrial designs shall contain primarily the following entries: registration number, date of filing of the application, requested ri ght of priority, date of publication, date of entry 
in the register, data concerning the owner (surname , forename and address, or firm and seat), data 
concerning the designer (surname, forename and addr ess), if the designer so wishes, indication of the 
product, number of products, classification code  according to the Locarno Classification, data 
concerning the renewal of the industrial design,  date of lapse of the industrial design. 
  IP/N/1/SVN/I/2 
 Page 41 
 
 
(4) The register of marks shall contain primarily the following entries: registration number, date of 
filing of the application, requested right of priori ty, date of publication of the application and the 
registration, data on opposing observations by th ird parties, data concerning any opposition and 
opponent, date of entry in the register, data con cerning the owner or holder (surname, forename and 
address, or firm and seat), appearance of the ma rk, list of goods or services and classification code 
according to the Nice Agreement, data concerning th e international registration, data concerning 
renewal of the mark, data concerning the cancella tion of the mark, date of lapse of the mark. 
 (5) The register of geographical indications shall contain primarily the following entries: registration 
number, date of filing of the request, date of public ation, date of entry in the register, geographical 
indication, the kind of the good and the location to which the indication relates. 
 (6) Information on litigations of which the Office has been notified and final judgements shall be 
entered ex officio in the registers referred to in Article 105(1).  
(7) Provisions of this Article shall apply mu tatis mutandis to registers of applications. 
 
Article 107 
Entry of alterations in the registers 
 
(1) Upon request, all subsequent alte rations regarding a right or the ow ner of a right shall be entered 
in the register referred to in Article 105(1). Th e provisions of this para graph shall apply mutatis 
mutandis to applications and applicants.  (2) Transfers of rights or licences shall be entered in the corresponding register at the request of one 
of the parties to the contract. 
 
(3) The person who has been entered in the register as  the owner of a right prior to the alteration may, 
by submitting relevant evidence, contest any alte ration which has been unduly entered without his 
consent, instituting an action in the administrative litigation filed with the Administrative Court of the 
Republic of Slovenia in Ljubljana, which has exclusive territorial jurisdiction. 
 
Article 108 
Procedure for entry of alterations 
 
(1) A single request may relate to more than one alte ration in the register. A single request shall also 
be sufficient where the alteration or alterations relate  to more than one application and/or right of the 
same person, provided that the alte ration or alterations are the same  for all applications and rights 
concerned, and the numbers of a ll applications and rights concerned are indicated in the request. 
 (2) When filing the request or within three months  from the receipt of the invitation, a fee for the 
entry of each alteration in the register for each appli cation or right shall be paid. If the fee is not paid 
in due time, the request shall be deemed to be withdrawn. 
 
(3) Where the request for the alteration is filed by the person who has been entered in the register as 
the owner of a right, the Office shall immediately is sue a decision on the entry of alteration and enter 
such alteration in the register.  
(4) Where the request for the alteration is filed by the person who has not been entered in the register 
as the owner of a right, that person shall submit, wh en filing the request or within three months from 
the receipt of the invitation, the consent of the owner of the right for the entry of the requested 
alteration in the register or, of his own choosing,  other documents evidencing the legal basis for the 
entry of the alteration. Where the Office doubts the ve racity of any indication contained in the request 
for the alteration or if the submitted documents are in a foreign language, it may require that, within IP/N/1/SVN/I/2 
Page 42  
 
three months from the receipt of the invitation, additional documents or a Slovene translation of the submitted documents be furnished.   (5) If the requesting party fails to submit additiona l documents or their translation requested under 
paragraph (4) in due time, the request for entry of  alterations shall be de emed to be withdrawn. 
 
(6) The Office shall decide on the entr y of an alteration by a decision.  
 
Article 109 
Renewal fees 
 
(1) The renewal of rights shall be subject to the payment of fees which shall be due, calculated from 
the date of filing of the application:  (a) in respect of patents, each year for one subsequent year; 
 
(b) in respect of industrial designs, each five years for subsequent five years; 
 (c) in respect of marks, each ten years for subsequent ten years.  (2) The fees under paragraph (1) shall be paid within twelve months preceding the due date. 
 
(3) The application fee for patents includes the rene wal fee for the first three years. The application 
fee for industrial designs includes the renewal fee for the first five years. 
(4) Where the procedure for the grant of a patent last s more than three years from the date of the filing 
of the application, or the procedure for the registra tion of an industrial design more than five years 
from such date, the provisions of paragraphs (1) an d (2) shall apply mutatis mutandis to patent and 
industrial design applications.  
Article 110 
Payment of renewal fees in a subsequent time limit 
 (1) Where a renewal fee has not been paid in accordan ce with Article 109 on or before the due date, it 
may still be paid within six months following th e due date, provided that the additional fee, 
amounting to 50 % of the fee which has not been paid in due time, is paid.  (2) The Office shall remind the owner of a right of  the failure of due payment of the renewal fee under 
Article 109(1), of the possibility of payment unde r paragraph (1) of this Article, and of the 
consequences of non-payment.  (3) The non-payment of renewal fees in due time or, following the reminder of the Office, within the 
subsequent time limit referred to in paragraph (1), together with the a dditional fee, shall entail lapse of 
the right on the day following the due da te referred to in Article 109(1). 
 
(4) Paragraphs(1) and (2) shall appl y mutatis mutandis in the cases refe rred to in Article 109(4). If in 
such cases the renewal fee and the additional fee have not been paid in the subsequent time limit, the 
application shall be deemed to be withdrawn.   IP/N/1/SVN/I/2 
 Page 43 
 
 
Chapter IX 
JUDICIAL PROTECTION AND ENFORCEMENT OF RIGHTS 
 
Section I 
Judicial protection 
 
Subsection I 
Nullity of rights 
 
Article 111 
Actions for a declaration of nullity 
 
Any interested party may bring an action in the cour t of competent jurisdiction to declare nullity of a 
patent, short-term patent, industrial design or mark. 
 
Article 112 
Actions for a declaration of nullity of a patent 
 
(1) Actions to declare nullity of a patent may be  filed on one or more of the following grounds: 
 (a) on the date of the filing of the application the invention did not meet all requirements under 
Articles 10, 11, 12, 14 and 15 or, in the case of a short-term patent, requirements under Article 16; 
 (b) the invention does not disclose the invention in a manner sufficiently clear and complete for it to 
be carried out by a person skilled in the art to which the invention relates;  
(c) the content of the protection extends beyond the c ontent of the first received application or, if the 
patent was granted on a divisional application, beyond the content of the initial application. 
 (2) Actions to declare nullity of a patent may also  be filed in instances where a declaratory decision 
under Article 93(1)(a) or (b) has already been  issued, or where the patent has lapsed. 
 
(3) Where an action to declare nullity of a European patent valid in the Republic of Slovenia pursuant 
to an international treaty, and which has been the subject of an opposition at the EPO, has been filed 
during the opposition procedure at the EPO, the court shall interrupt the proceedings until the decision 
of the EPO on the opposition has become final.   
Article 113 
Actions for a declaration of nullity of an industrial design 
 
Actions to declare nullity of an industrial design may be  filed, subject to the date of the filing of the 
application, on one of the following grounds:  
(a) the industrial design has been registered contrary to Article 36; 
 (b) the applicant for or the owner of the industria l design has not been entitled to an industrial design 
protection. 
 
Article 114 
Actions for a declaration of nullity of a mark 
 
(1) Actions to declare nullity of a mark may be file d where the mark has been registered, subject to 
the date of the filing of the application, contrary to Article 42 or 43.  IP/N/1/SVN/I/2 
Page 44  
 
 (2) Actions to declare nullity of a collective mark may be filed where the collective mark has been 
registered, subject to the date of filing of the a pplication, contrary to Article 42, 43, 45 or 46. 
 (3) Where the ground for the action under paragra ph (2) is a collective mark which has been 
registered contrary to Article 46, the court shall re ject the action if the holder of the collective mark, 
prior to the issuance of the court’s decision, am ends the regulations refe rred to in Article 46. 
 
Subsection II 
Contesting of rights 
 
Article 115 
Contesting the right to a patent or industrial design 
 
(1) An inventor, his heir or other successor in title may, at any time during the validity of a patent, file 
an action with a court of competent jurisdiction, requ esting that he be declared owner of the patent, if 
the patent has been granted in the name of a pers on who is not the inventor, his heir or other successor 
in title.  (2) The designer, his heir or other successor in title may, at any time during the validity of an 
industrial design, file an action with a court of co mpetent jurisdiction requesting that he be declared 
owner of the right, if the industrial design was regi stered in the name of a person who is not the 
designer, his heir or other successor in title.  (3) The action referred in paragraphs (1) or (2) ma y also be filed by a person who is entitled to the 
rights conferred by a patent or industrial design if the patent was granted or industrial design was 
registered in the name of the inventor or designer or a third person, which the inventor or the designer 
unjustifiably authorised that the patent be grante d or industrial design be registered in his name. 
 
Article 116 
Contesting the right to a mark 
 4. (1) Legal or natural persons may file an ac tion with a court of competent jurisdiction 
requesting the court to decide that a sign which they use in trade for marking their goods or services is 
identical or similar to a mark used by a third pe rson in marking his goods or services of the same or 
similar kind and that the sign was generally known as the sign for designation of the goods or services 
of the legal or natural person befo re the defendant filed his mark a pplication, and requesting the court 
to issue a decision declaring the plaintiff to be the owner of the mark. 
(2) The court shall rule against the request referre d to paragraph (1) if th e defendant owner of the 
mark proves that he had used the contested sign for the same or similar goods or services for as long 
as or longer than the plaintiff before filing his application.  (3) The action referred to in paragraph (1) may not be filed after the expiry of five-year period 
following the date of entry of the mark in the register. 
 
Article 117 
Entry in the register of the new owner 
  
(1) Within three months from the receipt of a fina l judgement that rules favourably on the actions 
referred to in Articles 115 or 116, the plaintiff may re quest to be entered in the register as the owner 
of the patent, industrial design or mark and to be issued a certificate to that effect.   IP/N/1/SVN/I/2 
 Page 45 
 
 
(2) If the successful plaintiff does not submit a request to be entered in the register as the owner of the 
right within the time limit laid down in paragraph (1 ), the right shall be ex officio removed from the 
register.  (3) Any rights a third person has acquired from the pe rson who has been entered in the register as the 
owner of the right before the judgement referred to in paragraph (1) shall be binding on the new 
owner if entered in the corresponding register or if  correctly applied for the entry before the action 
was filed.  
Subsection III 
Right of the inventor or designer to be named 
 
Article 118 
Actions for recognition of the right to be named 
 (1) An inventor or designer may file an action w ith a court of competent jurisdiction requesting: 
 (a) that he be named in the a pplication and in all documents; 
 (b) that a final judgement be publis hed at the defendant’s expense. 
 
(2) The action referred in paragraph (1) may be file d at any time during the validity of the patent or 
industrial design. 
 
Subsection IV 
Removal and cancellation of marks 
 
Article 119* 
Actions for removal of marks from the register 
 
(1) Actions to remove marks from the register and to  prohibit the use of signs may be filed with the 
court of competent jurisdiction on one of the following grounds: 
 
(a) the applicant was acting in bad faith when filing the application;  (b) the mark has been registered, subject to the date of the filing of the application, contrary to 
Article 44, except in the cases referred to in Article 139; 
 
(c) in consequence of acts or inactivity of the ow ner, the mark has become the common name in the 
trade for goods or services in respect of which it is registered;  (d) in consequence of the use made of it by the owner of the mark or with his consent in respect of the 
goods or services for which it is registered, the mark is liable to mislead the public, particularly as to 
the nature, quality or geographical origin of those goods or services. 
 (2) Save the grounds referred to in paragraph (1), actions to remove collective marks from the register 
and to prohibit the use of signs may be f iled on one or more of the following grounds: 
 
(a) the holder of the collective mark ceased to exist; 
 (b) the collective mark is used contra ry to the regulations under Article 46; 
 (c) the regulations governing use of the collective mark have been amended in such a manner as to 
contradict Article 46. IP/N/1/SVN/I/2 
Page 46  
 
 (3) The court shall rule against the action filed unde r paragraph (1)(b) if the defendant proves that the 
reasons under Article 120 for cancellation of an ear lier mark referred to in Article 44 exist. 
(4) Where the ground for an action under paragraph (1) or (2) is Article 44(1) (c), (d) or (e), the 
plaintiff may, instead of the removal of the mark fro m the register, requests the transfer thereof on his 
name. 
 (5) In the case provided for in paragraph (2)(c),  Article 114(3) shall apply mutatis mutandis. 
 (6) The action under paragraph (1)(b) shall not been admissible after the expiry of five-year period 
following the entry of a right in the register, unless the applicant was acting in bad faith when filing 
the mark application.  (7) The mark shall be removed from the register as of the date on which the judgement on the removal 
has become final.  
 
Article 120* 
Actions for cancellation of marks on account of non-use 
 
(1) Any interested party may file an action w ith a court of competent jurisdiction requesting 
cancellation of a mark if, within a continuous period of  five years from the date of entry of the right in 
the register, or the day on which the mark has been  seriously and effectively used in the Republic of 
Slovenia for the last time, the owner without proper reasons fails to use the mark in connection with the goods or services in respect of which it is registered.  
 (2) Cancellation of a mark may not be requested wher e, during the interval between the expiry of the 
five-year period referred to in pa ragraph (1) and filing of the action for cancellation, the owner has 
started or resumed to seriously and effectively use the mark. The commencement or resumption of use within a period of three months preceding the filing of the action which began at the earliest on expiry of the time limit referred to in paragraph (1) shall,  however, be disregarded where preparations for the 
commencement or resumption occur only after the owner becomes aware that the action for cancellation of his mark may be filed. 
 
(3) The owner of the mark shall prove the use of the mark in the cancellation procedure.  
 (4) Use of the mark with the consent of the owner or by any person who has authority to use it shall 
be deemed to constitute use by the owner. 
 
(5) A collective mark shall be deemed to be used by  the holder where it is used by at least one person 
who has authority to use it.  (6) The following shall also constitute use of the mark:  
(a) use of the mark in a form differing in elements which do not alter the distinctive character of the 
mark in the form in which it was registered;  (b) affixing of the mark to goods or to the pack aging thereof in the Republic of Slovenia solely for 
export purposes.  
 
(7) The Office shall cancel the mark as of the da y on which the judgement on cancellation has become 
final for those goods or services for which it is esta blished that the mark has not been used in the 
territory of the Republic of Slovenia.  
  IP/N/1/SVN/I/2 
 Page 47 
 
 
Section II 
Enforcement of rights 
 
Article 120a 
Capacity to enforce rights 
 
(1) The rights to enforce judicial protection belong, in  addition to owners of the right referred to in 
Articles 18, 37, 47 and 58, mutatis mutandis also to:  (a) persons entitled to use a collective mark; 
 
(b) persons entitled to use a geographical indication;  (c) owners of exclusive licence to the extent to wh ich the owner’s rights are assigned to them by law 
or through a legal transaction; and 
 
(d) professional associations established for the protecti on of industrial property rights to the extent to 
which the owner’s rights are assigned to them  by law or through a legal transaction. 
 
Article 121 
Actions for infringement of rights 
 
(1) Against a person who encroaches a right listed in Articles 18, 37, 47 or 58 without the owner’s 
consent, the owner of the right may file an acti on with a court of competent jurisdiction requesting 
that:  
(a) the infringement already commenced and future infringements be prohibited; 
 (b) the objects of infringement be recalled from the channels of commerce, taking account of the 
interests of bona fide third parties;   (c) the situation caused by the infringement be rectified; 
 
(č) the objects of infringement be irrevocably  removed from the channels of commerce; 
 (d). the objects of infringement be destroyed;  
(e) the means of infringement that are owned by the infringer and intended or used exclusively or 
principally for infringement be destroyed; 
(f) the objects of infringement be surre ndered to the plaintiff against th e reimbursement of the costs of 
their production; 
(g) the judgment be published. (2) In deciding on the claims referred  to in paragraph (1)(b) to (f.), the court shall take account of the 
circumstances of the case, in particular proportiona lity between the seriousness of the infringement 
and the claim, as well as the interest of the owner of the right to ensure an effective protection of 
rights.  (3) In proceedings against a person whose services have been used to infringe the right, and the 
existence of such infringement has already been fi nally established in proceedings against the third 
party, the infringement shall be presumed to exist. IP/N/1/SVN/I/2 
Page 48  
 
 
Article 121a 
Compensation for damage 
 
(1) For infringements under this Act, general rules governing causation of damage  shall be applicable, 
unless otherwise provided by this Act. 
 (2) The infringer shall pay to the owner of the right damages in the amount to be defined under general rules on compensation for damage, or in th e amount which is equal to agreed or customary 
license fee. 
 
Article 122 
Additional provisions governing infringement of patent rights 
 
(1) In the case of infringement of a patent c onferring protection on a pr ocess for obtaining a new 
substance, such substance shall be deemed, in the absence of proof to the contrary, to be of an 
identical composition or identical and made under th e protected process. The burden of proof shall be 
borne by the defendant or alleged infringer who se legitimate interests in protecting his business 
secrets shall be taken into account.  (2) Where the action under Article 121 refers to infri ngement of patent rights or a published European 
patent application requesting protection in the Republic of Slovenia, the court shall interrupt 
proceedings until the Office issues a declaratory d ecision under Article 93(1)(a) or (b), or until the 
European patent is entered in the Office’s patent register.  (3) In the case of infringement of a patent in r espect of which a declaratory decision under Article 
93(1)(a) or (b) has not yet been issued, the court sh all, for the use of invention during the interval 
between the granting of the patent and the issu ance of the declaratory decision, impose on the 
infringer the payment of compensation reduced with respect to the given circumstances. 
 (4) Paragraph (3) shall apply mutatis mutandis  to  a published patent appli cation filed abroad under 
Article 3(2), for the use of invention during the inte rval between the publication of the application and 
the granting of the patent or, where the European pa tent has been entered in the Office’s register, the 
date on which the EPO published its decisi on on the grant of the European patent. 
 
Article 122a 
Presentation of evidence 
 
(1) If the court decides to take the proposed evidence and that evid ence is in the possession of the 
opposite party, that party shall present such  evidence at the request of the court. 
(2) Paragraph (1) shall also be applicable for ba nking, financial and commerc ial documents under the 
control of the opposite party if the infringement wa s committed on a commercial scale. An act shall 
be deemed to be performed on a commercial scale if  it has been performed for direct or indirect 
economic advantage. 
 
(3) The provisions of the Act regulating civil pr ocedure shall apply to the proceedings for the 
presentation of evidence, unless otherwise provided by this Act. 
(4) After the taking of evidence referred to in paragr aph (1), the court shall ensure that confidential 
information from the parties to the proceedings be pr otected and that judicial proceedings not be used 
in bad faith with the sole purpose to obtain confidential information from the opposite party. 
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Article 123 
Provisional measures 
 
(1) The court shall order provisional measures to secure non-monetary claims under this Act if the 
claimant shows probable grounds for belief that: 
 
(a) he/she is the owner of the right acco rding to Articles 18, 37, 47 and 58; and 
 (b) his/her right has been infringed or there exists an actual danger to be infringed.  
(2) The claimant shall also show probable grounds for belief that: 
(a) a danger exists that the enforcement of clai ms will be made impossible or rather difficult; 
 (b) the adoption of a provisional measure is necess ary to avoid damage difficult to repair; or 
 
(c) a provisional measure, which may prove unfound ed in the course of the proceeding,s does not 
have more detrimental consequences for the alle ged infringer that would have the non-adoption of 
such measure for the owner of the right.  
(3) The claimant who proposes the order of a prov isional measure without prior notification and 
hearing of the opposite party shall show probable grou nds for belief, in addition to the requirements of 
paragraphs (1) and (2), that any delay of the orde r is likely to cause the owner of the right a damage 
difficult to repair. In that event, the opposite pa rty shall be given notice after the execution of the 
order at the latest.  (4) The owner of the right shall not be obliged to prove the existence of a da nger that the enforcement 
of claims will be made impossible or rather diffi cult if he/she shows probable grounds for belief that 
the proposed provisional measure would cause the infringer only insignificant damage. The danger 
shall be deemed to exist when th e claims are to be enforced abro ad, with the exception of Member 
States of the European Union.  (5) The court may order any provisional measure to secure non-monetary claims referred to in paragraph (1), with which the purpose of security can be achieved, in particular: 
 
(a) to interdict to the alleged infringer the conti nuation of infringement already commenced and future 
infringements;  (b) to seize, exclude from circulation and take into custody the objects of infringement and the means 
of infringement that are intended or used ex clusively or principally for infringement. 
 (6) The court shall decide on the opposition agai nst a decision on the adoption of a provisional 
measure within 30 days following the filing of the an swer to the opposition, or by the end of the time 
limit set for the filing of the answer to the opposition.  
(7) The provisions of the Act regulating execution of  judgements and insurance of claims shall apply 
to the proceedings for the adoption of provisional measures, unless otherwise provided by this Act. Proceedings shall be expeditious. 
 IP/N/1/SVN/I/2 
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Article 123a 
Order for provisional measures in patent infringements 
 
Where the proposal for order of a provisional measure referred to in Article 123 relates to a patent 
infringement, the court shall order the provisional measure if also the following two conditions are 
fulfilled: 
 (a) that the owner of the right submits a declaratory decision under Article 93(1)(a) or (b); and 
(b) that the owner of the right proposes the order of  provisional measure within three months after he 
has learned of the alleged infringement. 
 
Article 124  
Preservation of evidence  
 
(1) The court shall issue an order to preserve evid ence if the owner of the right presents reasonably 
available evidence that: 
 (a) he/she is the owner of the right according to Articles 18, 37, 47 and 58;   (b) his/her right has been infringed or there exists an actual danger to be infringed; and  
(c) evidence of infringement will be destroyed or that  it will be impossible to take such evidence at a 
later time. 
 
(2) The owner of the right who requests the order to preserve evidence without prior notification and 
hearing of the opposite party shall show probable grou nds for belief, in addition to the requirements of 
paragraph (1), that there is a danger of eviden ce of infringement being destroyed as the result of 
conduct of the opposite party or that it  will be impossible to take such evidence at a later time. In that 
event, the opposite party shall be given notice after the execution of the order at the latest. 
(3) The court may issue the order referred to in para graph (1) to take any evidence, and in particular: 
 (a) to inspect places, business records, inventory, da tabases, computer memory units or other things; 
 
(b) to seize samples of the objects of infringement;  (c) to examine and seize documents;  
(d) to appoint and examine experts; and 
 (e) to examine witnesses.  (4) Preservation of evidence may be requested even after the decision by which the proceedings are 
completed has become final, if this is necessary be fore or during the proceedings with extraordinary 
remedies. 
 (5) The provisions concerning provisional measures  of the Act regulating execution of judgements 
and insurance of claims shall apply mutatis muta ndis to the proceedings for preservation of evidence 
under this Article, unless otherwise provided by this Act. Proceedings shall be expeditious. 
  IP/N/1/SVN/I/2 
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(6) Where it is subsequently found that the requ est for preservation of evidence has been unfounded 
or that the owner of the right has not justified it, the opposite party shall have the right to claim: 
(a) the return of the seized objects; (b) the prohibition of the use of information obtained; and (c) the compensation for damage. 
(7) In the proceedings for preservation of evidence in accordance with this Article, the court shall 
ensure that confidential information from the parties be protected and that judicial proceedings not be 
used in bad faith with the sole purpose to obtain confidential information from the opposite party. 
Article 124a 
Preservation of evidence in patent infringements 
 
Where the proposal for order to pr eserve evidence referred to in Article 124 relates to a patent 
infringement, the court shall issue the order if also the following two conditions are fulfilled: 
 (a) that the owner of the right submits a declaratory decision under Article 93(1)(a) or (b); and 
(b) that the owner of the right proposes the order of  provisional measure within three months after he 
has learned of the alleged infringement. 
 
Article 124b 
Duty to provide information 
 
(1) In the proceedings concerning the infringement of  rights the court may, upon a justified request of 
the party, order that information on the origin and distribution networks of the goods or services 
which infringe a right under this Act be provided by the alleged infringer. 
 (2) The court may order that information referred to  in paragraph (1) be pr ovided also by persons 
who:  
 
(a) possess the infringing goods  on a commercial scale; 
 
(b) use the infringing services on a commercial scale; or  (c).provide on a commercial scale servi ces used in an infringing activity. 
 
(3) The court may order that information referred to  in paragraph (1) be provided also by the person 
who was indicated by any person referred to in paragraph (2) as being involved in the production, 
manufacture or distribution of the infringing goo ds or the provision of the infringing services. 
 
(4) The information referred to in paragraph (1) may comprise: 
 (a) the names and addresses of the producers, manufac turers, distributors, suppliers and other previous 
holders of the goods or services, as well as the intended wholesalers and retailers; and 
 
(b) information on the quantities produced, manufactured,  delivered, received or ordered, as well as 
the price obtained for the goods or services in question.  IP/N/1/SVN/I/2 
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Article 124c 
Protection of other industrial property rights 
 
The provisions of this Section shall apply mutatis mutandis to trade names and plant variety rights. 
 
Chapter X 
COMPULSORY LICENCES 
 
Article 125 
Compulsory licences 
 
(1) The court may decide that a third party or the Government of the Republic of Slovenia exploit the 
invention without the authorisation of the owner of the patent:  (a) where the public interest concerning, in par ticular, national security, nutrition, health or the 
development of other vital sectors of the national economy so requires, or 
 (b) where the court has determined that the owner of the patent or his licensee abuses the patent rights, 
in particular where the manner of exploitation, contrary to the adopted regulations, restrains 
competition.  
(2) The court shall grant compulsory licences under pa ragraph (1) with regard to given circumstances 
and after hearing the owner of the patent.  (3) Compulsory licences under paragraph (1) shall be granted provided that the person filing the 
request proves that he has made efforts to conclude a licence contract with the owner of the patent on 
reasonable commercial terms and that such efforts failed to succeed within a reasonable period of 
time.  (4) Paragraph (3) shall not apply if a state of war or similar state of emergency has been declared. Nevertheless, the owner of the pa tent shall be notified of the decision of the court as soon as 
reasonably practicable. 
 
Article 126 
Conditions for granting compulsory licences 
 
(1) Compulsory licences under Article 125 shall be granted under the following conditions: 
 
(a) scope and duration shall be limite d with regard to their purpose; 
 (b) they shall be non-exclusive;  (c) they shall be non-transferable, with the exception of the part of the enterprise or business of the 
licence owner to which the licence refers; 
 (d) they shall be granted primarily for the suppl y of the market of the Republic of Slovenia. 
 (2) Where a patent, hereinafter referred to as “the second patent”, cannot be exploited without 
infringing another patent, hereinafter referred to as “the first patent”, the following conditions, in 
addition to those of Article 125 and paragraph (1 ) above, for the grant of compulsory licence in 
respect of the first patent shall be met:  (a) the invention claimed in the second patent sha ll involve a technical advance of considerable 
economic significance compared to the invention claimed in the first patent;  IP/N/1/SVN/I/2 
 Page 53 
 
 
 (b) the owner of the first patent shall under reasona ble conditions be entitled to a cross-licence to use 
the invention claimed in the second patent; 
(c) the use authorised in respect of the first pa tent shall not be transferable except with the 
simultaneous transfer of the second patent. 
 
(3) The court shall decide that a compulsory licence expire if the circumstances which led to it being 
granted have ceased to exist and are unlikely to recur. 
Article 127 
Remuneration for compulsory licences 
 
(1) Owners of patents under a compulsory licence shall be entitled to remuneration.  (2) The amount of the remuneration shall be determined  with regard to the circumstances of each case 
and taking into account the economic value of the compulsory licence. 
 
Chapter XI 
REPRESENTATION 
 
Article 128 
Representation before the Office 
 (1) Only representatives whose names have been  entered in the corresponding register of 
representatives maintained by the Office shall be  authorised to act before the Office. The 
representative shall be appointed in a power of attorney which shall be in writing. 
(2) The party making the appointment may appoint one  or several representatives for all or only for 
certain acts in the proceedings before the Office. If several representatives are appointed and the party 
does not name one to whom the Office should address notifications, they shall be addressed to the 
representative who is named first.  (3) The party making the appointment may, in a ge neral power of attorney, authorise a representative 
for acts in respect of all applications, rights and re quests filed with the Office. If the general power of 
attorney has been deposited with the Office, its reference number shall be indicated, and its copy 
attached, when filing any request with the Office.  (4) The power of attorney shall be submitted when filing the request or within three months from the 
receipt of the invitation. If the power of attorney  is not submitted in due time, the representative is 
deemed not to have been appointed and his acts not to have been carried out. The request filed by the 
alleged representative shall be rejected by an or der of the Office. The order on rejection shall be 
served on the alleged representative.  
 
Article 129 
Representation of foreign persons 
 
(1) Foreign natural and legal pers ons having neither residence nor real and effective industrial or 
commercial establishment in the Republic of Sloveni a, hereinafter referred to as “foreign persons”, 
shall assert their rights under this Act in proceed ings before the Office through a representative, 
unless otherwise provided by an international treaty which is binding on the Republic of Slovenia. 
(2) Notwithstanding paragraph (1) and subject to  paragraph (3), a foreign person may file 
applications, perform acts relating to the establishmen t of the filing date, pay fees in the proceedings IP/N/1/SVN/I/2 
Page 54  
 
before the Office, file copies of first applications when claiming the right of priority under Article 61, 
and receive notifications by the Office relating to those proceedings, without a representative.  
 (3) If a foreign person, in cases referred to in pa ragraph (2), does not have a representative in the 
proceedings before the Office, he shall communi cate to the Office an address for correspondence 
which shall be in the territory of the Republic  of Slovenia. Any notification referred to in 
paragraph (2) which the Office sends to the addr ess for correspondence shall be deemed to be a 
sufficient notification.  (4) Notwithstanding paragraph (1), a rene wal fee may be paid by any person. 
(5) If a foreign person, contrary to this Article, does not appoint a representative in the proceedings 
before the Office, or does not communicate an addre ss for correspondence which is in the territory of 
the Republic of Slovenia, the Office shall exceptionally invite him directly by post to appoint, within three months from the receipt of the invitation, a representative and submit a power of attorney or, in 
accordance with paragraph (3), co mmunicate an address for correspondence. If a foreign person does 
not appoint a representative and does not submit a power of attorney or, in accordance with 
paragraph (3), communicate an address for correspon dence in due time, the Office shall reject any 
request by order, unless otherwise provided by this  Act. The order shall be announced on the notice 
board of the Office.  
Article 130 
Revocation and renunciation of a power of attorney 
 
(1) The party making the appointment may, at any time, revoke the power of attorney, and the 
representative may, at any time, renounce his appointment. 
(2) The revocation or renunciation shall be communi cated to the Office and shall be effective as from 
the date of receipt by the Office. If the repr esentative has renounced his appointment, he shall 
continue, for three months, to perform acts for the party who has appointed him, unless the party has another representative.  (3) If due to the revocation or renunciation a fo reign person remains without a representative, 
Article 129(5) shall apply mutatis mutandis. 
 
Article 131 
Representatives 
 
(1) Parties may be represented in proceedings befo re the Office by patent agents and by industrial 
design and mark agents. Patent agents shall represen t parties to proceedings relating to the acquisition 
and maintenance of any right under this Act and other requests concerning such rights. Industrial 
design and mark agents shall only represent parti es to proceedings relating to the acquisition and 
maintenance of industrial designs, marks and geog raphical indications and other requests concerning 
those rights. 
(2) Patent agents may be: 
 
(a) persons, resident in the Republic of Slove nia, who have completed university studies in 
technology or science and have passed the qualifying examination for a patent agent at the Office;  
 (b) lawyers or law firms, employing on a regular or contractual basis a person who fulfils the 
conditions laid down in sub-paragraph (a);  
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(c) legal persons, having their seat in the Republic of Slovenia, employing at least one person who 
fulfils the conditions laid down in sub-paragraph (a).  (3) Industrial design and mark agents may be:  
(a) persons, resident in the Republic of Slovenia,  who have completed university studies and have 
passed the qualifying examination for industria l design and mark agents at the Office;  
 (b) lawyers or law firms;  
(c) legal persons, having their seat in the Republic of Slovenia, who employ at least one person who 
fulfils the conditions laid down in sub-paragraph (a).  (4) Parties to proceedings relating to rights under th is Act may be represente d by patent agents and 
industrial design and mark agents also before cour ts and other State authorities, provided that they 
fulfil the conditions laid down in regulations gove rning representation before courts and other State 
authorities, and by an authorised person employed by such agents, provided that he is a national of the 
Republic of Slovenia, that he has graduated in law at the university in the Republic of Slovenia or has 
acquired a foreign law degree recognized by the Repub lic of Slovenia, that he has passed the lawyer’s 
state examination, that he has a professional expe rience of at least five years and a good command of 
the Slovene language. In such cases, the agent is entitle d to be paid for his work in the amount fixed 
by the agent’s price list, and to have his costs re funded by the opposing party. The agent’s price list 
shall be adopted by agent or association of agents  with the consent of the Minister competent for 
justice. 
Article 132 
Entry of agents in the register 
 
(1) The Office shall keep the register of patent ag ents and the register of industrial design and mark 
agents.  (2) A fee prescribed by the Act regulating administra tive fees shall be paid for entry in the register. 
Following the payment of the fee, the Offi ce shall issue the decision on the entry. 
 
(3) A patent agent may request that he be removed from the register of patent agents and entered in 
the register of industrial design and mark agents . An industrial design and mark agent may request 
that he be removed from the register of industrial design and mark agents and entered in the register 
of patent agents only if he fulfils  the requirements of Article 131(2). 
 
(4) Agents shall be removed from the register if:  (a) they file a request for removal;  (b) they are barred by a final judgement from acting as representatives. 
 
(5) The following data in particular shall be en tered in the register: registration number of the 
representative, data on the representative (surname, fore name and address, or firm and seat), date of 
entry in the register and data on persons who fulfil the conditions u nder Article 131(2)(a) or (3)(a) and 
are employed by the agent on a regular or c ontractual basis (surname, forename, address and 
education). 
 (6) An executive regulation issued by the Minister competent for the field of industrial property shall 
define, in greater detail, the contents of the request s for entry in the register of agents, proceedings IP/N/1/SVN/I/2 
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relating to such entries, data to be entered in the register and proceedings relating to entries of 
alterations. 
Article 133 
Qualifying examinations 
 (1) The Office shall conduct qualifying examinations  under Article 131(2) and (3). A fee prescribed 
by the Act regulating administrative fees sh all be paid before the examination.  
 (2) The Office shall keep a list of persons who have passed the qualifying examination. 
 
(3) An executive regulation issued by the Minister competent for the field of industrial property shall 
define, in greater detail, the manner of conduc ting qualifying examinations under Article 131(2) 
and (3).  
Chapter XII 
PENAL PROVISIONS 
 
Article 134 
Offences 
 
(1) By a fine of SIT 100,000 to 10,000,000 shall be punishable for an offence any legal person who: 
 
(a) uses, in the course of trade, the signs referre d to in Article 43(3) without the consent of the 
Government of the Republic of Slovenia;   (b) submits to the Office a false or untrue evidence re ferred to in Article 92, or request an interruption 
of the proceeding referred to in Article 92(3) by a false or untrue communication; 
 (c) represents a third person in the proceedings befo re the Office without being entered in the register 
referred to in Article 132.  (2) By a fine of SIT 10,000 to 500,000 shall be pu nishable the person respons ible within the legal 
person for any offence referred to in paragraph (1). 
 (3) By a fine of not more than SIT 150,000 sh all be punishable natural persons for any offence 
referred to in paragraph (1).  
Chapter XIII 
TRANSITIONAL AND FINAL PROVISIONS 
 
Article 135 
The use of substances as medicine 
 (1) The use of substances as medicine for humans and animals shall not be deemed to constitute 
infringement of a patent for invention of such s ubstances if the corresponding patent application was 
filed on or before December 31, 1992, or if a right of priority was claimed for the application on or 
before December 31, 1992.  
(2) By the use of substance as a medicine within the meaning of paragraph (1) is meant its production 
and processing into the medicine under a process which is not the subject-matter of a relevant patent 
protection, and marketing of this substance or medicine.   IP/N/1/SVN/I/2 
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(3) Following the accession of the Republic of Slovenia  to the European Union, Article 21(2) shall 
apply to substance or medicine referred to in pa ragraph (1) only if the consent of the owner of the 
patent under which such substance or me dicine is protected has been obtained.  
 
Article 136 
Treatment of applications and validity of rights 
 
(1) Procedures concerning the registration and gran t of industrial property rights with respect to 
applications filed before th e date of entry into force of this Ac t shall be carried out in accordance with 
the provisions of this Act, unless otherwise provided by this Act. 
 
(2) The industrial property rights which are valid on  the date of entry into force of this Act shall 
continue to be valid according to the provisions of this Act, unless otherwise provided by this Act. 
 
Article 137 
Patent applications and patents 
 
(1) The provisions of Articles 10, 77, 78 and 112 of  the Law on Industrial Property (Official Gazette 
RS No 13/92, 27/93, 34/97 - Decision by Constituti onal Court, 75/97) shall continue to apply to 
patents applied for or granted prior to entry into force of this Act.  
(2) The provisions of Article 22(2) and (3) of  this Act shall apply to patents applied for 
after 1 January 1993. 
(3) From the date of accession of the Republic of Slovenia to the European Union, Article 22(3) of 
this Act shall apply in accordance with th e regulations of the European Union. 
(4) Within six months following the accession of the Republic of Slovenia to the European Union, a 
supplementary protection certificate may be requested  for patents applied for after 1 January 1993, 
and for which the time limit referred to in Article 7 of the EU Regulation No 1768/92 
of 18 June 1992, or Article 7 of the EU Regul ation No 1610/96 of 23 June 1996, expired. 
(5) The provisions of Articles 24 to 31 of this Act sh all begin to apply on entry into force of the EPC 
for the Republic of Slovenia.  
(6) The provision of Article 32(6) of this Act sh all not apply to applications under the PCT which 
have been filed prior to entry into force of this Act.  
Article 138 
Industrial design applications and industrial designs 
 
(1) Article 58 of the Law on Industrial Property sha ll continue to apply to industrial designs published 
prior to entry into force of this Act, and for wh ich opposition against the issuance of the decision on 
the registration has been filed.  
(2) Where an industrial design application has been pub lished prior to entry into force of this Act, and 
opposition against the issuance of the decision on the registration under Article 58 of the Law on 
Industrial Property has not been filed, the Office shall issue the decision on the registration of the 
industrial design, enter it in the register a nd publish the mention of the registration.  
(3) Industrial designs valid on the date of entry into force of this Act shall be dealt with in accordance 
with the provisions of this Act.  IP/N/1/SVN/I/2 
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Article 139 
Opposition on the basis of a mark applied for or  registered with the Office for Harmonisation in 
the Internal Market (trade marks and designs) 
 
(1) Prior to the accession of the Republic of Slove nia to the European Union, a mark which was 
applied for or registered with the Office for Harmon isation in the Internal Market (trade marks and 
designs) before the date of application for or regist ration of the later mark in the Republic of Slovenia 
shall also be deemed to be an earlier mark under Article 44(1).  
 (2) The owner of the earlier mark referred to  in paragraph (1) ma y file an opposition under 
Article 101, provided that he files, within th e time limit provided for the opposition, a correct 
application for his mark in the Republic of Slovenia.  (3) If the owner of the earlier mark referred to in paragraph (1), when  filing an opposition under 
Article 101, does not file in due time also a corre ct application for his mark in the Republic of 
Slovenia, the opposition shall be deemed not to have been filed. 
 
Article 140 
Appellations of origin 
 
Appellations of origin valid on the date of entry into force of this Act shall be dealt with as 
geographical indications under this Act, unless otherwise provided for by another act. 
 
Article 141 
Qualifying examinations and agents 
 
(1) Qualifying examinations passed or recognised up to the date of entry into force of this Act shall be 
treated as qualifying examinations for patent agen ts and qualifying examinations for industrial design 
and mark agents. 
 
(2) The Office shall ex officio enter in the register  of patent agents all re presentatives who have been 
entered in the register of representatives by th e date of entry into force of this Act. 
 
Article 142 
Executive regulations 
 
(1) Executive regulations under this Act and order on the tariff referred to in Article 7(3) shall be 
issued within six months following the entry into  force of this Act, with the exception of the 
regulation referred to in Article 80(2) which shal l be issued after the Office will have had the 
necessary technical facilities.  (2) Prior to the issuance of new regulations, the following regulations issued under the Law on 
Industrial Property shall apply mutatis mutandis: 
 
(a) Regulations governing grant of pate nts (Official Gazette RS No 49/93);  
 (b) Regulations governing registration of industria l designs (Official Gazette RS No 49/93, 37/95 - 
Decision by Constitutional Court); 
 
(c) Regulations governing registration of marks (Official Gazette RS No 49/93); 
 (d) Regulations governing international registra tion of marks (Official Gazette RS No 15/93); 
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(e) Regulations governing qualifying examinations a nd entry in the register of representatives 
(Official Gazette RS No 20/92);  (f) Regulation governing fees for acquisition and protec tion of industrial property rights prescribed by 
the Slovene Intellectual Property Office (Official Gazette RS No 14/95); 
 
(g) Regulation governing fees for information and ot her services provided by the Slovene Intellectual 
Property Office (Official Gazette RS No 57/96).  
Article 143 
Termination of validity 
 
(1) On the date of entry into force of this Act,   (a) Law on Industrial Property, and 
 
(b) Regulations governing transfer of  industrial property rights applied for at the Federal Patent Office 
in Belgrade to the Slovene Intellectual Pr operty Office (Official Gazette RS No 49/93) 
 shall cease to apply.  
(2) Notwithstanding paragraph (1)(a) and subject to  Articles 137(1) and 138(1) of this Act, the 
provisions of Articles 10, 58, 77, 78 and 112 of the Law on Industrial Property shall continue to 
apply.  
Article 144 
Entry into force 
 
This Act shall enter into force after the expiry of six-month period following its publication in the 
Official Gazette of the Republic of Slovenia. 
 
TRANSITIONAL AND FINAL PROVISIONS* 
of the Act of 6 February 2006 Amending the Industrial Property Act  
 
Article 23 
Pending proceedings 
 
Proceedings which are pending pursuant to Chapter IX  at the time when this Act becomes effective 
shall be terminated according to the provi sions of this Act applicable hitherto. 
 
Article 24 
 
5. This Act shall enter into force on the fifteenth  day following its publication in the Official 
Gazette of the Republic of Slovenia. 
__________