SLOVENIA Law and Practice Contributed by: Nataša Pipan Nahtigal, Veronika Novak and Katarina Čepon, Šelih & partnerji
• supplies or offers to supply persons not entitled to exploit the invention with means relating to an essential element of the invention; • knowing, or having reason to know, that such means are suitable and intended for putting the invention into effect. This does not apply where the means are staple com- mercial products, unless the supplier induces the recipient to commit acts of direct infringement. The Scope of Patent Protection The scope of protection is defined by the patent claims, interpreted in light of the description and drawings. Available Defences • Private and non - commercial use : Acts performed privately and for non-commercial purposes do not infringe the patent. • Experimental use : Research and experimental acts relating to the subject matter of the patent are per- mitted, irrespective of their purpose. • Pharmacy exception : Preparation of medicinal products in pharmacies based on a medical pre- scription is permitted. • Use in international transport : Use of the patented invention on foreign vessels, aircraft or other means of transport that temporarily or accidentally enter Slovenia is permitted, provided that the use is limited to the needs of such transport. • Prior use right : A person who, in good faith, used the invention or made serious preparations for such use before the filing or priority date may con- tinue such use. • Exhaustion of rights : Patent rightsare exhausted once the patented product has been placed on the market by the patent owner or with their consent. • Compulsory licence : A court may grant a compul- sory licence without the patent owner’s consent where required in the public interest or in cases of abuse of patent rights (eg, restriction of competi- tion). 1.6 Patent Enforcement and Remedies Courts The District Court of Ljubljana has exclusive jurisdic- tion over patent infringement and nullity proceedings,
except for disputes relating to employee inventions, which fall within the jurisdiction of the labour courts. Decisions of SIPO (in particular, decisions on the grant, refusal or procedural handling of patent applications) are subject to judicial review before the Administrative Court of the Republic of Slovenia. If an action for a declaration of nullity of a European patent, which is valid in Slovenia on the basis of an international treaty and against which an opposition has been filed before the European Patent Office (EPO), is brought during the pendency of opposition proceedings before the EPO, the court shall stay the proceedings until a final decision is issued by the EPO in the opposition proceedings. Interim Injunctions Interim injunction is available for patent infringements. Alongside other statutory requirements that are the same for infringements of any of the industrial prop- erty rights, the following two conditions must also be fulfilled: (i) the holder of the right must submit a declar- atory decision; and (ii) the holder of the right must apply for the issuing of an interim injunction within three months after they learn of the alleged infringe- ment. Available Remedies for Infringements For patent infringement, the patent holder may seek an interim injunction, bring an action for patent invali- dation, initiate infringement proceedings and claim damages. Attorneys’ Fees and Costs Costs of the proceedings and attorneys’ fees are recoverable depending on the success in the pro- ceedings; however, they are not recoverable in full, but only to the extent recognised by the court and determined in accordance with the Attorneys’ Tariff. 2. Trade Marks 2.1 Legal Framework and Protectable Signs Trade mark protection in the Republic of Slovenia is governed by the following sources of law: 1. Statutory law:
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