WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVK/G/3 
20 November 2008 
 (08-5661) 
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 
 
SLOVAK REPUBLIC 
  The present document reproduces the consolidated text
1 of Act No. 469/2003 Coll. on 
Designations of Origin for Products and Geographical  Indications for Products and on Amendment of 
Some Acts, as amended by Act No. 84/2007 Coll. and Act No. 279/2007 Coll., as notified by the 
Slovak Republic under Article 63.2 of th e Agreement (see document IP/N/1/SVK/3). 
 
 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 
 
RÉPUBLIQUE SLOVAQUE 
  Le présent document contient le texte consolidé
1 de la Loi n° 469/2003 Coll. sur les 
désignations d'origine pour les produits et les indications géographiques pour les produits et sur la modification de certaines lois, telle que modifiée par la Loi n° 84/2007 Coll. et par la Loi 
n° 279/2007 Coll., notifiée par la République slovaque au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/SVK/3). 
 
 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 
 
REPÚBLICA ESLOVACA 
  En el presente documento se reproduce el texto refundido
1 de la Ley Nº 469/2003 
(recopilación) de denominaciones de origen e indicaciones geográficas de productos y de 
modificación de algunas leyes, modificada por la Le y Nº 84/2007 (recopilación) y la Ley Nº 279/2007 
(recopilación), que la República Eslovaca ha notific ado en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/SVK/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SVK/G/3 
Page 2  
 
  Act no. 469/2003 Coll. 
 
on designations of origin for pro ducts and geographical indications for 
products and on amendment of some acts 
 
Amended by: Act No 84/2007 Coll. 
  Act No 279/2007 Coll. 
 
The National Council of the Slovak Republic has adopted the following Act:  
 
Title I 
 
PART ONE 
BASIC PROVISIONS 
 
Article 1 
Subject-matter of a regulation 
 This Act shall govern legal conditions to acquire right for protection of designation of origin for 
product or geographical indication for product and le gal conditions for protection of that right and 
process of acquiring this right for territory of member states of the European Union. 
 
Article 2 
Definition of terms 
 For purposes of this Act 
 
a) designation of origin for product shall mean na me of a specific place, region or, in exceptional 
cases, country, used to sign a product originating from that place, region, or country, if a quality or 
characteristics of such product are exclusively or  essentially given by a geographical surrounding with 
its characteristic natural and human factors, a nd production, processing and preparation of such 
product take place exclusively within defined place, region, or country, 
 
b) geographical indication for prod uct shall mean name of a specific place, region or, in exceptional 
cases, country, used to sign a product originating from th at place, region, or country, if such product is 
of a specific quality, reputation or characteristics which could be ascribed to such place, region or 
country and production, processing or preparatio n of such product take place within defined 
geographical place, region, or country, 
 c) product shall mean any movable product produced, mi ned out or otherwise obtained, irrespective of 
its processing stage that is destined for a consumer,  
d) generic name shall mean general name of a product  which has become common name of a product 
despite that it refers to specific place, region or  country where such product was originally produced 
or placed on the market,  e) holder of a certificate on registration of a design ation of origin for product or on registration of a 
geographical indication for product shall be a person for which a desi gnation of origin or geographical 
indication for product is entered into the Regist er of designations of origin and geographical 
indications,    IP/N/1/SVK/G/3 
 Page 3 
 
 
  f) user of registered designation of origin for prod uct or registered geographical indication for product 
shall be a member of corporation or association of producers or processors which uses registered designation of origin for product or registered geographical indication for products to which 
registration is related,  
g) delocalisation clause shall mean a geographi cal data, specifying territory where a product 
originates from.  
Article 3 
 A designation of origin for product (hereinafter referred to as "designation of origin") and 
geographical indication for product (hereinafter re ferred to as "geographical indication"), which 
complies with conditions of protection pursuant to th is Act, shall be entered into the Register of 
designations of origin and geographical indications (h ereinafter referred to as "Register") kept by the 
Industrial Property Office of the Slovak Republic  (hereinafter referred to as “the Office”). 
 
Article 4 
Exclusions from entry into the Register 
 Following shall not be entered as a designation of origin or geographical indication into the Register: 
a) indication though exact wording of which truly indicates name of place, region or country 
(hereinafter referred to as “territory”) from wh ich the product originates, despite it indication is 
capable to evoke a misconception about real origin of a product for public, 
b) indication which is a generic name of a pr oduct although a product originates from a defined 
territory,  
c) indication identical with a plant variety or anim al breed which could in consequence of registration 
evoke a misconception about real origin of a product for public,   
d) indication for identical or similar product which is identical or interchangeable with registered 
designation of origin, geographical indication, trad emark, or unregistered well-known trademark,  
 
e) indication identical or interchangeable with registered well-known trademark if using of such 
indication for any products would indicate connecti on between thus marked pr oducts and a registered 
well-known mark owner, and interests of a regist ered well-known mark owne r could be harmed by 
such using. 
 
Article 5 
Registration of identical names of territories for wines or spirits 
 
Two or more designations of origin or geographical  indications for wine or spirits, which contain 
names of territories written or sounding in a same wa y, could be entered into the Register with 
preserving principles of fair commercial intercourse, if  a person, who has, pursuant to Article 14, filed 
an application for designation of origin or geograp hical indication, by using a delocalisation clause 
secures such way of using of these signs, which prev ents evoking a misconception about real origin of 
a product for public.  
  IP/N/1/SVK/G/3 
Page 4  
 
  PART TWO 
DESIGNATIONS OF ORIGIN 
 
Rights and obligations conferred by registration 
 
Article 6 
 
(1) Only a holder of a certificate on registration of a designation of origin for product (hereinafter referred to as "registration certificate holder") and u ser of registered designation of origin for product 
(hereinafter referred to as "user") shall be entitled to use registered designation of origin. 
 
(2) Registration certificate holder shall be entitled to prevent a user from using designation of origin if 
a user signs a product with registered designation of origin and such product sh all lack characteristics 
or qualitative signs given by releva nt geographical surrounding [Article  15(1)(d)] or shall not comply 
with requirements determined by specificati on of agricultural product or foodstuff.  
 
(3) Registration certificate holder or user shall be en titled to indicate on a product that it is a registered 
designation of origin.  (4) No approval for using registered designa tion shall be granted by license agreement. 
 
(5) Right of lien on registered designation of origin shall not be established. 
 (6) Registered designation of origin sh all not be a subject of an assignment. 
 
Article 7 
 
(1) Registered designation of origin shall be protected against:  (a) any direct or indirect commercial use on products to which such sign is not related, if such products are identical or similar with a product whic h is registered under such designation of origin, 
or such using takes an advantage from good repu tation of registered designation of origin,  
 
(b) any misuse, imitation or evocation of misconception about a product origin, even if real origin of a 
product is indicated or even if registered designation of  origin is indicated in translation or is supplied 
with an expression such as  “kind”, “type”, “style”, “method”, “as produced in”, “imitation”, 
“similar”; or with other similar expression,  
 
(c) any other false or misleading indication about or igin, nature or essential qualities of a product on 
its inner or outer wrappings, adver tising materials or documents relati ng to such product, and using of 
transportation wrappings capable to evoke mi sconception about real origin of a product, 
 (d) any other practice capable to evoke misconceptio n about real origin of a product to public.  
 
(2) Registered designation of origin shall not be considered to be a generic name of a product. If a general name of a product, which is a generic name , is a part of a registered designation of origin, 
using of such name shall not be c ontrary to paragraph 1a) or b).  
 
Article 8 
 
(1) Right to protection of designation of origin shall arise on day of its entry into the Register. 
  (2) Term of protection of registered d esignation of origin shall not be limited.  IP/N/1/SVK/G/3 
 Page 5 
 
 
  Article 9 
Infringement of rights 
 (1) Any person shall be entitled to claim prohibition of using a registered designation of origin for 
identical or similar products, which do not meet cond itions for its utilisation and withdrawal of such 
products from market. 
 (2) In case of unauthorised infringement of rights pr otected by this Act or jeopardising these rights, 
registration certificate holder whose rights have b een infringed or jeopardised is entitled to claim 
infringement or jeopardising his rights and to eliminate consequences of infringement. Right to 
compensation of actual damage shall not be affect ed. If a non-pecuniary injury has been caused by 
infringement or jeopardising of rights protected by th is Act, the aggrieved party shall have right to 
adequate satisfaction, which can in form of pecuniary compensation. 1a) 
 
Article 9a 
Right to information 
 
(1) Registration certificate holder may request in infringement or jeopardizing of his rights protected 
by this Act that a person placing or intending to  place identical or similar product provided him 
information related to origin of a product in fringing rights pursuant to this Act and to 
circumstances of its placing on the market.  
 
(2) Information pursuant to paragraph 1 shall contain particularly: 
 
      a) name and surname or business name or name and place of permanent residence or place of 
business, or place  of business  of a producer, processer, storekeeper, distributor, provider, 
dealer and other previous holders of a product;  
       b) indications on produced, processed, pr ovided or ordered quantity and price of relevant 
products. 
 (3)  Also a person who        a) has in possession products infringing rights pursuant to this Act; 
       b) exploits services infringing rights pursuant to this Act; 
       c) provides services exploited in activities related to infringement of rights pursuant to this Act; 
or 
       d) was indicated by a person mentioned in s ub-paragraphs a) to c) as a person participating in   
production, processing or distribution of produc ts or providing services infringing rights 
pursuant to this Act,  
shall be obliged to provide information pursuant to paragraphs 1 and 2.  
Disputes hearing 
 
Article 10 
 
(1) Disputes on rights pursuant to this Act shall be heard and ruled by courts, unless this Act states 
otherwise.  
(2) Registration certificate holder shall be entitled to request the court to order that products, by means 
of which rights protected by this Ac t are infringed or jeopardised, were  
a) withdrawn from a trade network, 
b) definitely removed from a trade network  IP/N/1/SVK/G/3 
Page 6  
 
  c) secured in other way by preventing furt her infringement or jeopardising of right; 
d) destroyed in a suitable way; court shall not orde r destroying, if products by means of which rights 
protected by this Act are directly infringed or je opardised, are not in possession of a person against 
which a proposal is being submitted.   
(3) Provisions pursuant to paragraph 2 shall be executed at expense of a person infringing or 
jeopardising rights protected by this Act, unless speci al circumstances give reason for other process.  
 
(4) The court shall not confer right to provide in formation pursuant to Article 9a, if seriousness of 
jeopardising or infringement of right was inadequa te to seriousness of consequences resulting from 
the fulfilment of obligation imposed in such way. 
 
Article 11 
 
(1) Registration certificate holder shall be entitled to  propose so that court, in protection of rights 
pursuant to this Act, could impose by precaution
2 same duties as in decision on the merit if any delay 
could cause to entitled person a hardly reclaimable pecuniary or non-pecuniary injury.  (2) Within a decision on precaution the court may impo se a duty to a plaintiff to pay a deposit of an 
adequate amount or to implicate that decision come s into force by execution of an imposed duty. The 
court shall take into account, within its deciding on  the amount of a warranty deposit, the seriousness 
of a pecuniary or non-pecuniary injury which can occur to the adverse party as well as assets of a 
plaintiff therewith that imposing a duty to pay a de posit shall not be the substantial impediment of 
efficient application of right.   (3) The court may on request decide on giving wa rranty deposit over to the adverse party as a 
compensation of pecuniary or non-pecuniary injury in finance caused directly by execution of 
precaution issued without adequate reason.  (4) If within the period of six months from detecti on of injury occurrence pursuant to paragraph 3, 
compensation or satisfaction is not applied at the court or an agreement on using the warranty deposit 
between parties is not concluded, the court shall refund the warranty deposit. 
 
 
PART THREE 
GEOGRAPHICAL INDICATIONS 
 
Article 12 
Geographical indication 
 
Provisions related to indication of origin shall apply accordingly to rights and duties arising from 
registration, to dispute hearing and to proceedings before the Office. 
 
                                                     
 
2 Articles 74 to 77 and Article 102 of the Code of Civil Procedure.  IP/N/1/SVK/G/3 
 Page 7 
 
 
  PART FOUR 
PROCEEDINGS BEFORE THE OFFICE 
 
Article 13 
 
(1) General rules on administrative proceedings ³ shall be applied to proceedings before the Office 
pursuant to this Act unless this Act states otherwise. 
 
(2) Provisions on proceedings suspension, statutor y declaration, time limits for decision and on 
measurements against inactivity pursuant to  general rules on administrative proceedings ³ shall not 
apply to proceedings before the Office pursuant to this Act.  
 
Article 14 
Application for designation of origin  
 
(1) An application for designation of origin (hereina fter referred to as an “application”) may be filed 
by a corporation or association of producers or pr ocessors with legal personality regardless of legal 
form or composition (hereinafter referred to as “association”)⁴ for product produced, processed and 
prepared within a specified territory. Any natural person or legal entity shall be entitled to file an 
application provided that at time of filing an a pplication it is the only person that produces, processes 
and prepares the product within a specified territo ry (hereinafter referred to as an “applicant”). 
 (2) Another subject shall have right to be accepte d as a member of a corporation which shall be, 
pursuant to this Act, a natural person or a lega l entity, which filed an application pursuant to 
paragraph 1 separately, if it produces, processes and prepares, within a specified territory, product 
with quality or characteristics related to circumstanc es stated for registered designation of origin and 
meets conditions for membership of a corporation, which shall not be discriminative nor contrary to 
rules of economic competition. A corporation shall be  obliged to issue a certif icate of membership to 
members on request.     
(3) An application shall contain: 
 a) request for entry of designation of origin into the Register expr ess act of volition of an applicant 
that he requests registration of a designation of origin, 
 
b) surname, name, address of permanent residence an d nationality of an applicant; and if an applicant 
is a legal entity, name or trade name and place of business, 
 
c) determination of a product,    
d) surname, name and address of place of business of  authorised representative of an applicant, it an 
address is not identical with an address of permanent residence, or address of permanent residence, or 
trade name or name and seat of au thorised representative of an appli cant, as well as letter of attorney, 
if an applicant has been repr esented or has to be represented ⁵ (Article 37(2)),  
 
e) signature of an applicant or a person authorised to act by his name.  
 4) An application shall be assigned with a file num ber, day of delivery of an application shall be 
marked and a receipt on filing an applicati on shall be issued to an applicant.  
 IP/N/1/SVK/G/3 
Page 8  
 
  Article 15 
 
(1) Determination of a product shall contain:  a) name of a product, including wording of designation of origin, 
 
b) geographical definition of territory where produ ction, processing and preparation of a product is 
being realised,  c) document confirming that a product originates from a defined territory,  
 
d) description of characteristics or qualitative sings of a product, which are given by a particular 
geographical surrounding  e) description of a process of obtaining a product, eventually description of original and unchangeable 
local processes of its obtaining.  
 (2) An applicant without permanent residence or seat in the Slovak Republic and having a designation 
of origin protected pursuant to right effective in a country of origin of a product may substitute data pursuant to paragraph 1(c) with protection certific ate for designation of origin pursuant to right 
effective in a country of origin. 
 
Article 16 
 
Cancelled from July 1, 2007.  
 
Article 17 
Proceedings on application 
 
(1) The Office shall examine whether  
 
a) designation of origin stated in an applicati on meets requirements for entry into the Register, 
b) an application contains formalities pursuant to Articles 14 and 15, 
 c) an applicant is represented by an authorised representative
5 (Article 37(2)). 
 
(2) The Office shall invite an applicant to correct  irregularities ascertained pursuant to paragraph 1(b) 
and (c) within a specified time limit, which shall not  be shorter than two months. If an applicant fails 
to correct irregularities, the Office shall suspend pr oceeding on an application. An applicant shall be 
notified in an invitation of this consequence.  
 
(3) The Office shall refuse an application if a designation is excluded from registration pursuant to 
paragraph 4 or it fails to meet conditions for entry in to the Register. Before an application is refused, 
the Office shall enable an applicant to respond to ascer tained reasons for refusal of an application.  
 (4) The Office shall be entitled to invite an app licant to submit a document of a relevant inspection 
authority5a) that a product meets requirements stated in Article 15(1)(d). The Office shall determine  IP/N/1/SVK/G/3 
 Page 9 
 
 
  adequate time limit for submitting such proof and an applicant shall be notified that the Office refuses 
an application if he shall not submit such document.   
Article 18 
Registration of designation of origin 
 
The Office shall enter a designation of origin into th e Register if an application meets conditions for 
entry into the Register and an application meets requirements pursuant to this Act. The Office shall 
issue a certificate on entry of a designation of origin  into the Register to an owner and registration 
shall be published in the Official Journal of th e Industrial Property Office of the Slovak Republic 
(hereinafter referred to as "Journal"). 
 
Article 19 
Registration of amendments of product determination 
 
Registration certificate applicant or holder sha ll be entitled to request amendment of a product 
determination, particularly in taking into account development in the area of scientific and technical 
knowledge or for reasons of new geogr aphical specification of territory. 
 
Article 20 
 
(1) Any person shall be entitled to request issuing a document or other legal instrument important for 
application or protection of his right fr om relevant inspection authorities5a).  
 (2) Results of a control or assessment performed by a foreign authority shall be taken into account by 
the Office in proceedings on the base of intern ational treaty or on the base of reciprocity.  
 
Cancellation of designation of origin registration 
Article 21 
 
(1) The Office shall cancel registration of designati on of origin if it ascertains in the proceedings 
started on request of a third party (hereinafter refe rred to as “plaintiff”), inspection authority or ex-
officio that  
a) designation of origin has been registered contrary to conditions for registration, 
 
b) conditions given by particular geographical surro unding set for registration of designation of origin 
have ceased to exist; 
 c) product for which a designation of origin has been  registered, misses characteristics or qualitative 
signs given by particular geographi cal surrounding (Article 15(1)(d)).  
 (2) Registration of designation of origin shall not be cancelled pursuant to paragraph 1(c), if a 
product, which has characteristics or qualitative si gns given by particular  geographical surrounding 
(Article 15(1)(d)), is placed on a market or if su ch product is not placed on a market but natural 
conditions have not ceased.   IP/N/1/SVK/G/3 
Page 10  
 
  Article 22 
 
(1) Where a registered designation of origin is cancelled pursuant to Article 21(1)(a), it shall be 
deemed not to have been registered. 
(2) Where a registered designation of origin is cancel led pursuant to Article 21(1)(b) and (c) it shall be 
deemed cancelled on a date of filing a proposal for cancellation. 
(3) The Office shall enter a decision on cancellation in to the Register and publish in the Journal.  
 
Article 23 
 
(1) If a proposal for cancellation of designation of or igin (hereinafter referred to as "proposal for 
cancellation") fails to contain reasons for cancellation of registration of designation of origin pursuant 
to Article 21(1), the Office shall invite the plai ntiff to supplement the proposal or to correct 
irregularities within a specified time limit.  If a pl aintiff fails to supplement the proposal or correct 
irregularities within a specified time limit, the O ffice shall suspend proceed ings on proposal for 
cancellation. 
(2) The Office shall deliver proposal for cancellation to a registration certificate holder and 
concurrently invites him to respond to th e proposal within a sp ecified time limit. 
(3) If a registration holder certificate fails to respon d within a time limit specified in a notice, the 
Office shall decide on a basis of a file contents.  
(4) If an owner is not being represented by an aut horised representative and fails to comply with a 
notice to submit a letter of attorney within a specifi ed time limit, he shall be deemed not to have 
responded to proposal for cancellation.  
(5) If a nature of a matter so requires, the Office sh all order an oral proceedings. The Office shall set a 
date for oral proceedings and shall concurrently de liver a statement of a registration certificate holder 
on a proposal for cancellation to a plaintiff. 
(6) The Office shall continue in proceedings and d ecide in a matter also when a duly summoned party 
fails to participate in oral proceedings.  
(7) Extending or supplementing proposal for cancellati on shall be inadmissible and shall not be taken 
into consideration by the Office within pr oceedings and making a decision on a matter.  
 
Article 24 
Further proceedings 
 (1) On request of a party to proceedings on extension of a time limit specified by the Office for performing an act, filed before the expiry of this time limit, the Office shall be entitled to extend a 
time limit. 
(2) A party to proceedings who failed to comply with a time limit specified by the Office for 
performing an act, shall be is entitled, after expiry  of such time limit, to ask the Office for further 
proceedings and at the same time to perform an omitted action no later than two months from delivery 
of a decision of the Office issued as a consequen ce of failure to comply with a time limit. 
(3) The Office shall refuse a request pursuant to pa ragraph 2 in case of failure to comply with a time 
limit for responding of registration certificate holde r on proposal to cancellation (Article 23(1)) and 
time limit for responding of a requester to oppositions  against request for protection of a designation  IP/N/1/SVK/G/3 
 Page 11 
 
 
  of origin or geographical indication for agricu ltural products or foodstuffs pursuant to special 
regulation7) (Article 33(3)).  
(4) The Office shall refuse a request for time limi t extension or a request for further proceedings, 
which fails to meet conditions pursu ant to paragraph 1 or paragraph 2 or it shall be refused pursuant to 
paragraph 3; before taking a decision on refusing  a request the Office shall enable requester to 
respond to ascertained facts on basis of which a request shall be refused.    
(5) If the Office accords a request for further proceedings, legal effects of a decision issued in 
consequence of failure to comply with time limit shall cease or shall not arise.  
(6) If the Office fails to decide on refusing a request  pursuant to paragraph 1 or paragraph 2 within 
two months from its delivery, a request shall be deemed to be accorded.  
Article 25 
Restitutio in integrum 
 
(1) If a party to proceedings before the Office unint entionally fails to comply with legal time limit or 
time limit for performing an act set by the Office wh ereas the consequence of failure to perform this 
act is proceedings suspension or forfeiture of ot her right, he is entitled to ask the Office for restitutio 
in integrum  and at same time to perform the omitted act within two months from elimination of the 
impediment  causing failure of performing the act at  the latest within 12 months from expiry of non-
complied time limit.  
(2) Party to proceedings shall be obliged to sustai n request pursuant to paragraph 1 and to state facts 
preventing performing the act. The Office shall not take  into consideration statements submitted after 
time limits pursuant to paragraph 1 expired in deciding about request.  
(3) In case of reasonable doubts about veracity of a statement pursuant to paragraph 2, the Office is 
entitled to invite the requester to prove his statements other way.   
(4) Request for restitutio in integrum  shall not be satisfied in case of failure to comply with time 
limits for: 
a) performing acts pursuant to paragraph 1, 
b) performing acts pursuant to Article 24(2) or (3), c) filing an appeal pursuant to Article 27(1), d) filing oppositions pursuant to Article 33(1) and Article 34(2). (5) The Office shall refuse request for restitutio in integrum  which fails to comply with conditions 
pursuant to paragraphs 1 and 2, or it is not possibl e to be satisfied pursuant to paragraph 4, or the 
requester fails to prove his statements pursuant to paragraph 3; before the request is refused the Office 
shall enable the requester to respond to ascertained re asons on basis of which request is to be refused. 
(6) If the Office satisfies the request for restitutio in integrum,  legal effects of the decision issued as a 
consequence of failure to comply with the time limit shall be retracted or shall not ensue. 
(7) The rights of the third parties acquired within the territory of the Slovak Republic in a good faith 
from the validity date of the decision issued as a co nsequence of failure to comply the time limit of 
the legal effects of this decision pursuan t to paragraph 6, shall be retained. IP/N/1/SVK/G/3 
Page 12  
 
  Article 26 
Grounds for decision 
 (1) Party to proceedings shall be obliged to submit or propose an evidence to support his statements.  
(2) The Office shall decide on the basis of facts ascertained from performed  evidences submitted or 
proposed by parties to proceedings. 
 
Article 27 
Remedies 
 
(1) An appeal against a decision of the Office ma y be lodged within one month from delivery of a 
decision; an appeal filed in due time shall have deferring effect.  
(2) The Office shall be bound by scope of an a ppeal in deciding on it; this shall not apply 
a) for matters in which proceedings can be started ex officio,  
b) for matters of joint rights or obligations concer ning several parties to proceedings on one side. 
(3) Filing an appeal shall not be admissible agai nst a decision by which a request for further 
processing or request for restitutio in integrum  has been satisfied. 
 
Article 28 
File inspection and data accessibility 
 
(1) Parties to proceedings shall have right to in spect files, to make records and writing-offs.  
(2) After entry of a designation of origin into the Re gister or after publication of a request pursuant to 
Article 32(6) the Office shall enable third party on re quest to inspect a file concerning an application, 
registered designation of origin or request (Article 32(1)).  
(3) Right to a file inspection shall include right for making photocopies for payment of material costs 
concerning making copies and their sending.  
(4) From right to file inspection shall be excluded: a) parts of file containing information of confid ential character, publication of which is not necessary 
to secure right to information of third pa rties including parties to proceedings,  
b) parts of file containing trade secret on a written request of a certificate on registration applicant or 
holder, and 
c) records of voting and parts of file containi ng helping notes or proposals of decisions, scopes or 
view-points.   
Article 29 
Register and Official Journal 
 (1) Following shall be entered into the Register: 
a) number of an application, b) filing date of an application,  IP/N/1/SVK/G/3 
 Page 13 
 
 
  c) number of registration of designation of origin, 
d) date of registration of designation of origin,  e) wording of designation of origin, f) name of a product to which designation of origin is related, g) geographical definition of a territory, within which a production, processing and preparation of a 
product take place, 
h) surname, name, address of permanent residence and nationality of an applicant; if an applicant is a 
legal entity, trade name or name and seat, 
i) surname, name and address of a place of business of authorised representative of an applicant, if it 
is not identical with address of permanent residence,  or permanent residence, or trade name of name 
and seat of authorised representative or entitled person, 
j) description of characteristics or qualitative signs given by related geographical surrounding and 
description of its basic physical, chemical, microbiological or sensible , 
k) description of process of obtaining a product, even tually description of original and unchangeable 
local processes of its obtaining,  
l) cancellation of designation of origin, and 
m) other decisive indications.  (2) The Office shall enter into the Register changes,  which arose after entry of a designation of origin 
into the Register, on request and afte r verification of submitted data.   
(3) Data entered into the Register shall be consid ered valid unless a decision of a relevant authority 
states otherwise.  
(4) Change in data entered into th e Register ensuing from valid and enforceable decision of a relevant 
authority shall be entered without delay into the Regi ster by the Office after delivery of decision with 
a validity clause.  
(5) Entry of data and facts ensuing from law or from decision of a relevant authority pursuant to 
paragraph 4 shall not be considered a decision issu ed in proceedings pursuant to provisions of the 
Administrative Procedure Code3).  
(6) Any person shall be entitled to inspect the Register.  (7) The Office shall issue an abstract of record on request. An abstract of record shall contain data 
valid on day of making a record.  
(8) The Office shall issue the Official Journal, in which it publishes entry of a designation of origin 
into the Register, its cancellation and other deci sive data concerning designation of origin.  
 IP/N/1/SVK/G/3 
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  PART FIVE 
 
INTERNATIONAL PROTECTION 
 
International registration of designation of origin 
Article 30 
 
(1) Persons with permanent residence or seat within  the territory of the Slovak Republic shall have 
right to request international registration of de signation of origin pursuant to international 
agreement 6) through the Office.  
(2) A person requesting international registration of designation of origin shall be obliged to pay for 
acts pursuant to paragraph 1 fees set pursuant to in ternational agreement. 6) Amounts of fees set by 
this agreement shall be published by the Office in the Official Journal.   
Article 31  
 
(1) International registration of designation of or igin shall have same effects as registration of 
designation of origin by the Office.  
(2) Designation of origin registered internationall y, for which protection in the Slovak Republic has 
been refused, shall be deemed to have neve r been registered in the Slovak Republic.  
Protection of designations of origin and geogr aphical indications pursuant to law of the 
European Union 
 
Article 32 
 
(1) Persons pursuant to Article 14 having their perman ent residence or seat within the territory of the 
Slovak Republic shall be entitled to  file a request for protection of designation of origin or 
geographical indication for agricultural products or foodstuffs pursuant special regulation 7) 
(hereinafter referred to as “request”), which are being produced, processed or prepared within the 
territory of the Slovak Republic.   
 
(2) An application shall be filed in three copies.  
 
(3) The Office shall examine whether the application is reasoned, meets set requirements and whether 
designation is not a part of exclusions. 7a)  (4) The Office within the examination pursuant to paragraph 3 shall require from the Ministry of 
Agriculture (hereinafter referred to as “Ministr y”) or from competent person authorised by the 
Ministry 7b) a statement, whether specification of an agricultural product or a foodstuff 7c) (hereinafter referred to as “specification”) meets set requirements; a committee established by the Ministry shall be competent to discuss specification.   
(5) The Office shall invite requester to correct irregularities found pursuant to paragraph 3 within the 
time limit prescribed by the Office. If a requester fa ils to correct irregularities, the Office shall refuse 
the request.  A requester shall be notified of this co nsequence in an invitation to correct irregularities.  
 
(6) If a request is reasoned, meets set requirements a nd designation is not a part of exclusions, 7a) the 
Office shall publish essential requirements of request in the Official Journal.    IP/N/1/SVK/G/3 
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  Article 33 
 
(1) After publication of essential requirements of re quest in the Official Journal any person, who 
proves legal interest, having permanent residence or  seat within the territory of the Slovak Republic 
(hereinafter referred to as “opponent ”), shall be entitled to file objecti ons against request within time 
limit of three months from such publication of the Office. The objections shall be reasonable and 
proves, that requested designation of origin or geographical indication fails to meet conditions 
pursuant to a special regulation for entry into the Register of protected designations of origin and 
geographical indications issued by the Europ ean Commission 8), shall be indicated in these 
objections.  
 
(2) If the Office ascertains that objections have not been filed by an opponent in due time, have not 
been regularly reasoned and the proves, that re quested designation of origin or geographical 
indication fails to meet conditions pursuant to a speci al regulation 7) for entry into the Register of 
protected designations of origin and geographical i ndications issued by the European Commission, 8), 
have not been indicated in these objections, the Office shall suspend proceedings on objections. 
Decision on suspension of proceedings on objections sh all be delivered by the Office to requester and 
to opponent.   (3) The Office shall deliver objections on which pr oceedings has not been suspended pursuant to 
paragraph 2 to requester; at the same time the Offi ce shall invite requester and opponent to remove 
any contradiction by a mediation within two mo nth time limit. If a contradiction has not been 
removed, requester and opponent shall deliver to the Office their opinions within one month from 
vain elapsing of a time limit to end proceedings by mediation.   (4) If a contradiction between requester and opponent has not been removed by mediation 
proceedings pursuant to paragraph 3, the Office sha ll decide on objections. If objections refer to 
specification of a product or to definition of partic ularities of geographical background, 7c) the Office 
shall request, before deciding on objections, from th e Ministry a statement whether the objections are 
rightful.   (5) If the Office ascertains in proceedings on objecti ons that applied sign fails to meet conditions 
pursuant to a special provision, 7) it shall refuse the request; otherwise it shall refuse objections.  
 
Article 33a 
 
(1) If a request is reasonable and meets prescribed requirements and a sign is not a part of exclusions 
7a) and it has not been refused pursuant to Article  33(5), the Office shall issue decision and shall 
inform requester about this fact.   (2) The Office shall deliver decision pursuant to paragraph 1 to the requester and shall announce 
decision by which the request h as been accorded in the Journal,  and electronic access to the 
specification.  
 
(3) The Office shall deliver requirements pursuant to  a special provision 7) for further proceedings 
after issuing decision on request according, and shall inform requester about this fact.  
 
Article 33b 
Transitional protection and time limit for adaptation 
 
(1) Transitional protection for sign and two years time limit for adaptation under conditions pursuant 
to a special provision 8a) shall arise by decision on request according.   IP/N/1/SVK/G/3 
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  (2) Transitional protection shall lapse from the day of  issuing a decision on entry into the Register or 
from the day of refusing a request.   
Objections against request for entry of a designati on of origin or geographical indication of other 
member state into the Regist er of the European Union 
 
Article 34 
 
(1) Person filing objections shall be entitled to file  objections duly substantiated against entry of a 
designation of origin or geographical indication of ot her member state into the Register of protected 
designations of origin and protected geographical indications conducted by the European Commission 
or objections against amendment of specification of an agricultural product or foodstuff to a 
designation of origin or to a geographical indication of  other member state (hereinafter referred to as 
“objections) with the Office, or the O ffice shall be entitled to file objections ex officio . 
(2) Objections shall be filed not later than within  five months from the day on which the Commission 
published substantial requirements of a request or  amendment of specification of an agricultural 
product or foodstuff.  
(3) Objections shall be filed in the o fficial language of the Slovak Republic.  
(4) The Office shall submit reasonable objections  to the European Commission for further 
proceedings within the time limit pursuant to a special provision. 8b)  
 
(5) The Office shall refuse to submit objections to th e European Commission if they have not been 
filed by a person entitled to file objections, if they  have not been duly subs tantiated and if they 
have been filed after the time limit pursuant to paragraph (2); a person filing objections shall be 
informed about this fact.  
 
Article 35 
 
(1) If the European Commission invites concerned pa rties to conclude an agreement on objections, the 
Office shall be competent for such hearing for the Slovak Republic.  
(2) If an agreement is concluded within six mont hs, the Office shall deliver the agreement to the 
European Commission together with documents proving conclusion of the agreement including 
standpoint of a requester and a person filing objections . If an agreement is not concluded, the Office 
shall communicate negative standpoint to the European Commission.   
Article 36 
Amendment and completion of a specification 
 
(1) If an amendment and completion of a specificat ion occurs, provisions of Articles 32 to 37 shall 
apply mutatis mutandis.  
(2) If an amendment and completion of a specificatio n is not related to any amendment of a unitary 
document, or if an amendment a nd completion is related to temporary amendment of a specification 
resulting from imposing obligatory sanitary or plant-medical provisions by a public authority, the 
Office shall consider the amendment and completion and after issuing decision on a request 
according, it shall announce amendment of a specifica tion, electronic access to the specification in a 
Journal and shall communicate this fact to the European Commission.   IP/N/1/SVK/G/3 
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  Article 36a 
Cancellation of entry 
 
Natural person or legal en tity, who proves legal interest and with  permanent residence or seat within 
the territory of the Slovak Republic, shall be entitled  to file a request for cancellation of entry of 
designation of origin or geographical indication in th e Register of protected designations of origin and 
geographical indications conducted by the European Commission with the Office for the reason, that 
agricultural product or foodstuff fails to meet cond itions of specification. Provisions of Articles 33 
and 33a shall apply to the proceedings on request  for cancellation of entry before the Office.  
 
 
PART SIX 
COMMON, TRANSITIONAL AND REPEALING PROVISIONS 
 
Article 37 
 (1) Parties with permanent residence or seat within a territory of a member state to an international 
convention 9) or within a territory of a Member St ate to the World Trade Organization 9), shall have 
same rights and obligations as national applicants or entitled persons; if a state, in which parties have 
permanent residence or seat, is not a member state to an international convention or a member to the 
World Trade Organization, rights and obligations pursu ant to this Act shall be granted only under the 
condition of reciprocity. 
(2) Parties without permanent residence or seat within  the territory of the Slovak Republic shall have 
to be represented in proceedings on designations of origin or geographical indications by an 
authorised representative
5. 
(3) Provision of the paragraph 2 shall not apply to  parties to proceedings, who are residents of a 
member state to the European Union or to a state,  who is a contracting party to the Agreement on the 
European Economic Area, and are seated within th e territory of the Slovak Republic or provides 
services within the territory of the Slovak Republic, and legal entities, which have their administration 
or seat of their business activity within  the territory of a member state to the European Union or of the 
state, which is a contracting party to the Agre ement on the European Economic Area, and are seated 
within the territory of the Slovak Republic or pr ovides services within the territory of the Slovak 
Republic. Such party to the proceedings shall be obliged to communicate delivery address within the 
territory of the Slovak Republic to the Office. If a party to the proceedings fails to communicate 
delivery address to the Office, official reports rela ted to the proceedings shall be deposited with the 
Office; they shall be deemed to be delivered after 30 day from the day of deposit. A party to 
proceedings shall be noticed about this fact.  
 
(4) Filing with the Office shall be made in the official language of the Slovak Republic only. 11) 
 
Article 38 
Transitional provisions 
 
(1) Proceedings on applications of designations of origin, which have not been legally concluded 
before this Act comes into effect, shall be conclude d pursuant to this Act, th erewith that an applicant 
shall be obliged to harmonise his application with  requirements required for designation of origin 
application pursuant to this Act within the time li mit specified by the Office and on invitation of the 
Office.  
 
(2) Relations from designations of origin for products entered into the Register before this Act comes 
into effect shall be governed by provisions of th is Act. Arising of these relations as well as claims IP/N/1/SVK/G/3 
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  arising from them before this Act comes into effect  shall be assessed in accordance with provisions 
effective in time of their arising.  (3) Protection of designations of origin pursuant to this Act shall be related to such designation of 
origin, by which the protection of designations of origin was granted pursuant to present Act before 
this Act comes into effect, if a registered user or  registered users meet requirements of registration 
pursuant to this Act within two years from the day when this Act came into effect. The Office shall 
cancel such designation of origin from the Register  after inefficient lapse of this time limit.   
 
Article 39 
Repealing provision 
 The following shall be repealed  1. Act No. 159/1973 Coll. on protection of appellations of origin of products in wording of the Act of 
the National Council of the Slovak Republic No. 90/1993 Coll. 
 2. Decree of the Office of Inventions and Discoveries  No. 160/1973 Coll. on procedure in respect of 
designations of origin of products.  
Title II 
 
The Act no. 634/1992 Coll. on consumer protection in wording of the Act of the National Council of 
the Slovak Republic No. 220/1996 Coll., Act No. 137/1998 Coll., Act No. 310/1999 Coll., Act no. 128/2002 Coll., Act No . 414/2002 Coll. and Act No. 529/2002 Coll. is thus amended:  
Article 8 shall be completed with paragra ph (6) wording of which shall be as follows: 
 “(6) Also offer or sale of products infringing right s conferred by designations of origin for products 
and geographical indications for prod ucts pursuant to special regulation
9e as well as storing such 
products for purposes of offer or sale shall be considered as misleading a consumer”. 
 
Footnote no. 9e reads as follows: 
“9e) Act of the National Council of the Slovak Republic No. 152/1995 Coll. on Foodstuffs as 
amended”.  
Title III 
 
The Act of the National Council of the Slovak Repub lic No. 145/1995 Coll. on administrative fees in 
wording of the Act of the National Council of th e Slovak Republic no. 123/1996 Coll., the Act of the 
National Council of the Slovak Republic No. 224/19 96 Coll., the Act of the National Council of the 
Slovak Republic No. 70/1997 Coll., the Act No. 1/1998 Coll., the Act No. 232/1999 Coll., the Act No. 3/2000 Coll., the Act No. 142/2000 Coll., the Act No. 211/2000 Coll., the Act No. 468/2000 Coll., the 
Act No. 553/2001 Coll., the Act No. 96/2002 Coll., the Act No. 118/2002 Coll., the Act No. 215/2002 
Coll., the Act No. 237/2002 Coll., the Act No. 418/2002 Coll., the Act No. 457/2002 Coll., the Act No. 465/2002 Coll., the Act No. 477/2002 Coll., the Act No. 480/2002 Coll. and the Act No. 245/2003 Coll. shall be ame nded and completed as follows: 
  IP/N/1/SVK/G/3 
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  The Items 233 – 235 in the Tariff of administrative fees shall be as follows: 
 
”Item 233 
 
a) Filing an application for a designation of origin  for products or geographical indication for product
                                          2000 SKK 
 b) Filing a request for 
1. registration of an amendment of specifi cation of agricultural product or foodstuff or 
definition of a product                       500 SKK 
 
Item 234 
Filing a request for cancellation of a designation of origin for products or geographical indication for 
product                                                                                                                      20 00 SKK 
 Item 235 
Filing a request for international registration of a designation of origin for products or geographical 
indication for product                                                                                 1000 SKK” 
 
  Title IV 
Entry into force 
 
This Act shall come into effect  on 1 December 2003, except Articles 32 to 36, which shall come into 
effect on the day when the Convention on accession of the Slovak Republic to the European Union 
enters into force. 
 
Rudolf Schuster s. m. 
  
Pavol Hrušovský s. m. 
  
Mikuláš Dzurinda s. m. 
  
2 Lisbon Agreement for the Protection of Appellations  of Origin and their International Registration 
of 31. October 1958, revised in Stockholm on 14 July 1967, published under No. 67/1975 Coll. as 
amended by the decree No. 79/1985 Coll. 
3 Council Regulation (EEC) No. 2081/92 of 14 July 1992, on the Protection of Geographical 
Indications and Designations of Origin for Agricultural Products and Foodstuffs 
4 Articles 211 to 219 of the Treaty establishing the European Community. 
 
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