RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/SVK/1/Add.1
5 January 1999
(99-0007)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION ON COPYRIGHT AND RELATED RIGHTS
SLOVAK REPUBLIC1
Addendum
The present document reproduces the questions put to the delegation of the Slovak Republic
and the responses given in the review of legislation on copyright and related rights at the Council's
meetings of 12 May 1998 and 16 July 1998.2
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I. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
1. What criteria are applied to define "original" in the case of copyright for databases pursuant to
Article 6(2) of the Copyright Act?
Databases are considered to be original if the selection or arrangement of their contents
represents the result of the author's own intellectual creation.
2. Does Article 10 of the Copyright Act cover databases?
Yes, although not specifically mentioned, Article 10 of the Copyright Act covers also databases,
referring to Article 5:18 of the Copyright Act wher e definition of databases is also understood as a
collection of works.
3. Please clarify whether the 25 year term of pr otection available for previously unpublished (sic)
work under Article 41 of the Copyright Act is to be  understood to add to the regular term of protection
(75 years) for such works.
Yes, if:(a) the copyright to previously unpublished work has expired;  and
                                                     
1 As regards laws and regulations relevant to the area of copyright and related rights as notified by the
Slovak Republic under Article 63.2 of the Agreement, reference is made to documents IP/N/1/SVK/1/Rev.1 and
IP/N/1/SVK/C/1.
2 The minutes of these meetings can be found in documents IP/C/M/18 and 19.IP/Q/SVK/1/Add.1
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(b) this work has been made public or communicated to the public for the first time after
such expiration.
A new right arises to the person who made a work public for the first time or for the first time
communicated it to the public.  This right consists of rights set out under Articles 16:2 and 16:5 and
lasts for 25 years from the date of publication or communication to the public.
4. In the light of the protection required by Article 14.2 of the TRIPS Agreement, does the
Copyright Act or any other provis ion of the law of the Slovak Re public protect digital reproduction or
digital transmission of phonograms?
Article 47:2(a) of the Copyright Act provides for the right to authorize a direct or indirect
reproduction of a phonogram.  The notion "reproduction"  is defined by Article 5:7. In our opinion, this
construction and the wording of the above-mentione d Articles give the protection against unauthorized
direct or indirect reproduction of phonograms, including by digita l transmission (in the context of
interactive services).
5. Please explain whether and how the Slovak Republic provides full retroactive protection to
works, phonograms and performances from other WT O Members, as required by Articles 9.1, 14.6 and
70.2 of the TRIPS Agreement, each of which incorporat e by reference or rely on Article  18 of the Berne
Convention.  Please also give the retroactive date to which such protection extends with respect to each
category of subject matter.
Although not specifically mentioned in the Copyri ght Act, full retroactive protection to works,
phonograms and performances, as required by Articles 9:1, 14:6 and 70:2, is provided as foreseen in
Article 2:4 of the Copyright Act.
6. Does the Slovak Republic apply the "rule of  the shorter term" to phonograms and performances
from other WTO Members?
No, the Slovak Republic does not apply "the rule of the shorter term".
II. QUESTIONS POSED BY JAPAN
1. Please explain whether and how the Copyright La w of the Slovak Republic provides protection
for works, phonograms and performances of other WTO Members, and please describe the provision in
the Copyright Law of the Slovak Republic whic h provides for the national treatment (NT) and
most-favoured-nation treatment (MFN) as require d by TRIPS Article 3, Article 4, and Article 9.1
incorporating Berne Article 5.1.
Issues of protection for works, phonograms and performances of other WTO Members, as well
as national treatment and most-favoured-nation treatme nt, are dealt with in Articles 2, 3 and 4 of the
Copyright Act in conjunction with other relevant Articles (e.g. Article 16).
2. Please explain exceptions or exemptions for NT  and MFN, if any, in the Copyright Law of the
Slovak Republic as permitted by Ar ticles 3 and 4 of the TRIPS Agreement.
There are no exceptions or exemptions for NT and MFN in the Copyright Act of the Slovak
Republic.IP/Q/SVK/1/Add.1
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3. Please explain whether and how the Copyright La w of the Slovak Republic provides protection
for "compilations of data", as required  by Article 10.2 of the TRIPS Agreement.
The legal protection of compilations of data is provided by virtue of Article 6:2, which reads
as follows:
/2/ Database is also a subject of copyright, irrespective of its form, under the sole condition
that it is original from the point of view of creative selection or arrangement of its contents.
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