SLOVENIA Law and Practice Contributed by: Nataša Pipan Nahtigal, Veronika Novak and Katarina Čepon, Šelih & partnerji
ble to create confusion as to the commercial origin of goods or services, or otherwise misappropriate another undertaking’s goodwill or reputation. Courts In Slovenia, trade mark matters are divided between administrative authorities and courts. SIPO is com- petent for the opposition, revocation, and invalidity proceedings. Decisions of SIPO may be challenged before the Administrative Court of the Republic of Slo- venia. The District Court of Ljubljana has jurisdiction over trade mark infringement and related civil claims (eg, injunctions and damages), while issues of validity are, as a rule, addressed in administrative proceed- ings before SIPO, subject to judicial review. Civil and Criminal Remedies For trade mark infringement, the trade mark holder may seek an interim injunction, bring an action for trade mark invalidation, initiate infringement proceed- ings and claim damages. Customs measures are available, allowing the trade mark owners to request customs authorities to detain and destroy counterfeit goods. Criminal remedies are provided under the Crimi- nal Code, which penalises the unauthorised use of another’s trade mark in the course of trade. Sanc- tions include imprisonment of up to three years and confiscation of infringing goods and production tools. 3. Copyright 3.1 Legal Framework and Copyrightable Works Legal Framework of Copyright Copyright in Slovenia is primarily governed by the Copyright and Related Rights Act ( Zakon o avtorski in sorodnih pravicah – ZASP), as well as the Collec- tive Management of Copyright and Related Rights Act ( Zakon o kolektivnem upravljanju avtorske in sorod- nih pravic – ZKUASP). International treaties include the Berne Convention for the Protection of Literary and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agree- ment), the International Convention for the Protection
of Performers, Producers of Phonograms and Broad- casting Organisations (Rome Convention), the WIPO Copyright Treaty (WCT) and the Universal Copyright Convention (UCC), as well as numerous EU directives and regulations. Copyrightable Works The law requires that the copyrighted work falls within the fields of literature, science or art. Examples include spoken, written (including computer programs) and musical creations, as well as dramatic, choreograph- ic and audiovisual works, photographic, visual and architectural works, cartography, and scientific, edu- cational and technical presentations, as well as indus- trial designs or applied art. These works then have to meet the other requirements for a copyright as well. Ideas, principles, discoveries, official texts from the legislative, administrative and judicial fields, and folk literary and artistic creations are expressly excluded from protection. 3.2 Requirements for Copyright Protection The requirements for a copyrighted work are deter- mined by law and are as follows: • individuality (this does not mean absolute original- ity); • intellectuality (the work reflects the human spirit and is an intangible asset); • fixation (it must be expressed in a perceptible form); • it is the result of human creative activity; and • it falls within the fields of literature, science or art. No registration is required for the protection of a work which meets these requirements. The assessment also does not depend on the quality or artistic value of the work. 3.3 Authorship and Ownership Authorship and Co-Authorship The author is a natural person who created the cop- yrighted work. This means that authorship always belongs to the (human) creator. A person whose name, pseudonym or sign is indicated on the work in the usual manner or upon its publication is deemed the author, unless proven otherwise. If a copyrighted work created through the collaboration of two or more
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