SLOVENIA Law and Practice Contributed by: Nataša Pipan Nahtigal, Veronika Novak and Katarina Čepon, Šelih & partnerji
Protection of Partial Designs Partial designs are protected as well, as a design may relate to the appearance of the whole product or only a part of it. This even includes components of a complex product (a product composed of multiple replaceable components that can be disassembled and reassembled), provided that the part is visible dur- ing normal use and satisfies novelty and individual character requirements.
filing a lawsuit and seeking damages. Other possible claims in such lawsuit include: • an order prohibiting the infringement and any future infringements; • an order requiring the recall of infringing goods from the channels of commerce, with due regard to the interests of bona fide third parties; • an order removing the state of affairs created by the infringement; • an order for the irrevocable removal of infringing goods from the channels of commerce; • an order for the destruction of the infringing goods; • an order for the destruction of the means used for the infringement that are exclusively or predomi- nantly intended for, or used in, the infringement and are owned by the infringer; • an order transferring the infringing goods to the plaintiff against payment of the production costs; and • an order for publication of the judgment. Furthermore, the preservation of evidence is available. Customs enforcement measures are also possible in accordance with Regulation (EU) No 608/2013. Slo- venia also provides criminal law protection. 4.5 Functionality and Technical Features Design Protection Exclusions Protection is denied when characteristics of a product must be reproduced in a precise form and dimensions to mechanically connect with another product. How- ever, an exception exists for modular systems, where design protection may still be granted. Features of an appearance of a product that are dic- tated exclusively by technical function cannot be reg- istered as a design as well. When the courts assess this standard, they question whether a particular fea- ture (eg, the shape of a product) is the only one that ensures the required functionality (ie, it cannot be replaced), and whether the technical characteristics leave any room for alternative design choices. Over- all, when the features are dictated solely by technical necessity, design protection cannot be granted.
5. Trade Secrets 5.1 Legal Framework and Protectable Information Legal Framework
In Slovenia, trade secret protection is primarily gov- erned by the Trade Secret Act, which defines trade secrets, sets out the rights of the holder, and pro- vides remedies against unlawful acquisition, use or disclosure. Additional protection arises under employment and contract law. The Employment Relationships Act requires employees to safeguard confidential infor- mation, while the Obligations Code allows parties to regulate confidentiality through contractual provi- sions, such as non-disclosure clauses. Trade secrets may also be protected under competition and criminal law, particularly in cases of unfair competition or seri- ous misuse. Protectable Information Trade secrets include undisclosed know-how, experi- ence and business information that provide a compet- itive advantage. This may include technical solutions, business strategies, customer data and financial infor- mation. To qualify for protection, the information must not be generally known or readily accessible within the relevant industry. Elements Required for Protection Information is protected as a trade secret if the follow- ing conditions are met: • Secrecy : It is not generally known or easily acces- sible.
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