SLOVENIA Law and Practice Contributed by: Nataša Pipan Nahtigal, Veronika Novak and Katarina Čepon, Šelih & partnerji
8.5 Copyright and Trade Marks Parallel Protection of Copyright and Trade Marks Copyright and trade mark law are independent but complementary systems that may apply to the same subject matter. Logos, artistic elements or branding can benefit from both forms of protection where the relevant conditions are met. A logo or visual identity may qualify as a copyright work if it is original and reflects the author’s own intel- lectual creation. At the same time, it may be protected as a trade mark if it is capable of distinguishing the goods or services of one undertaking from those of others. Interaction and Limitations Although both regimes can coexist, the holder must ensure that rights are properly secured under each system. Copyright may limit the use of a trade mark where the user does not hold the necessary rights from the author (eg, the designer of the logo). On the other hand, trade mark registration provides protection in the course of trade but does not grant ownership of the underlying copyright. For this rea- son, rights should be cleared and regulated cumula- tively to avoid conflicts. 8.6 Enforcement and Remedies Across Multiple IP Rights Multiple Claims in One Proceeding Although a situation may involve several IP rights, claims are not necessarily formulated separately for each of them. In practice, the claimant typically focus- es on the infringing conduct itself (eg, requesting that the defendant cease using a product, withdraw it from the market, or compensate the damage). The same set of facts may simultaneously fall under different IP regimes, but this is primarily relevant at the level of legal assessment by the court, rather than in the structure of the claim. Assessment of Remedies If the court finds that the same conduct infringes mul- tiple IP rights, it does not grant separate remedies for each right. Instead, it determines the appropriate remedy in light of the overall infringement. The exist- ence of several legal bases may reinforce the claim,
However, the loss of protection is limited to the dis- closed elements. Related, undisclosed information may still retain trade secret status. After Expiry or Invalidation Trade secret protection may continue even after a pat- ent expires or is invalidated, but only for information that was never made public through the patent. Once information has been disclosed in patent docu- mentation, it cannot be re-protected as a trade secret. 8.4 Trade Marks, Trade Dress and Industrial Designs Trade Marks A trade mark protects any sign capable of distinguish- ing the goods or services of one undertaking from those of others. This also includes three-dimensional signs (eg, the shape of a product or its packaging), provided that they possess distinctive character and are not exclusively functional. Trade Dress Trade dress (the overall appearance of a product or its packaging) is, under European law, generally protect- ed through trade mark law, provided that the overall presentation functions as an indication of origin. Industrial Designs An industrial design protects the external appearance of a product, including its lines, contours, colours, shape and texture, irrespective of whether it indicates commercial origin. The key requirements are novelty and individual character, rather than distinctiveness in The shape of a product or its packaging may be protected simultaneously as a trade mark and as an industrial design, subject to different legal require- ments. An industrial design protects a new design for a limited period, whereas a trade mark, once it acquires distinctiveness, may enjoy protection for an unlimited duration. the trade mark sense. Cumulative Protection
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