Republika Slovenija
Search:

Frequently asked questions

We hope this page will answer most of your questions or at least give you some more information on the topic.

Legislation


Representatives

Who can help you with acquisition and maintenance of patents?


Fees

Filing fee including maintenance of the design for the first five years: 80 EUR

What is an industrial design?

According to the Slovenian Industrial Property Act an industrial design means the outward appearance of the whole or a part of a product, resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation. A product is any industrial or handy craft item, including parts intended to be assembled into a complex item, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs.

What rights does a registered industrial design confer?

A registered industrial design confers on its owner the exclusive right to use it and the right to prevent any third party not having his consent from using it. Such use covers, in particular, the making, offering, putting on the market, importing, exporting or using of a product to which the design is applied, or stocking such a product for those purposes.

How to register a industrial design in Slovenia?

The first step is to file a national industrial design application with the Slovenian Intellectual Property Office. It may be filed in a foreign language, provided that it includes at least the indication of the right requested, and the indication allowing the applicant to be contacted by the Office, in the Slovenian, English, French or German language. The Office then invites the applicant to submit, within three months, the translation of the application in the Slovenian language. The applicant may request that the publication of the design be deferred for a period not exceeding 12 months from the date of filing the application or, if priority is claimed, from the date of priority. The application is first examined as to formal requirements, which is followed by an examination as to whether the design to which the application relates may be protected under the Act, but excluding examination as to novelty, individual character and disclosure of a design. If the design meets all requirements, the Office issues a decision on the registration of the industrial design, enters it in the register and publishes the mention of the registration in the Official Journal. If the requirements are not met, the Office refuses the application wholly or in part.

Are all designs registrable?

No. According to Article 36 of the Act, a design shall not be registered if it is not new or has not an individual character, if it is contrary to public order or morality or contains official symbols covered by Article 6ter of the Paris Convention, or if it subsists in features of appearance of a product, which are solely dictated by its technical function and must not necessarily be reproduced in their exact form and dimension.

A design is considered new if no identical design has been made available to the public before the first date of filing of the application. Designs are identical also if their features differ only in immaterial details. A design is considered to have individual character if the overall impression it produces on the informed user (not a design expert) differs from the overall impression produced on such a user by any design.

What do you need to consider before filing an application?

Always check to see if an identical design has already been registered in respect of Slovenia. The Office does not perform an ex officio examination as to earlier rights (novelty and individual character) but its Information Department can search on your behalf for identical industrial designs. The relevant data can also be obtained on the Office's website.

Can I act alone before the office?

Foreign natural and legal persons having neither residence nor real and effective industrial or commercial establishment in Slovenia shall have a representative whose name has been entered in the register of agents. However, foreign applicants may file applications, perform acts relating to the establishment of the filing date, pay fees, file copies of first applications when claiming the right of priority and receive notifications by the Office relating to those proceedings, without a representative, provided that they communicate to the Office an address for correspondence which is in the territory of Slovenia. A list of authorised agents can be obtained from the Office or the Office's website.

What are the costs of the national procedure?

Slovenian Intellectual Property Office charges the application fee in the amount of 80 EUR for one industrial design, which includes the registration fee for the first five years, and 65 EUR for each additional design included in the same application. A current list of fees can be obtained from the Office or the Office's website.

How long does registration last?

The registration is valid for five years as from the date of filing the application, and can be renewed every subsequent five years, up to a total term of 25 years, upon payment of renewal fee in the amount of 70 EUR for each industrial design.

Is there an alternative to the regular national application?

An application for the registration of an industrial design in Slovenia can also be filed with WIPO under the Hague Agreement Concerning the International Deposit of Industrial Designs (Act 1960, Act 1999) which Slovenia is party to. Once the industrial design is the subject of an international deposit, it enjoys in Slovenia the same protection as is generally conferred on industrial designs by the Slovenian Act. The international deposit is thus equivalent to a national right in terms of its scope of protection and enforcement. Such registered industrial design is later subject to the same substantive procedure examination as if it had been filed nationally.

A design for Slovenia can also be protected via OHIM as a registered industrial design (RCD) valid throughout the Community.

Does Slovenian industrial design give protection abroad?

Registering an industrial design with the Slovenian Intellectual Property Office protects your rights in Slovenia only. But the filing date of a Slovenian national application can be used as a priority date for the application when applying up to six month later for protection abroad.

Can an industrial design be challenged?

Yes. Actions for a declaration of nullity of an industrial design may be filed with the court. Actions contesting the right to an industrial design as well as actions for recognition of the right to be named may also be filed with the court. It is also possible to take legal action against any person using a registered industrial design without the owner's consent, and to claim damages.

About us | Contact