SLOVENIA Law and Practice Contributed by: Nataša Pipan Nahtigal, Veronika Novak and Katarina Čepon, Šelih & partnerji
EU Private International Law Rules Within the European context, rules of private inter- national law are of central importance. The Brussels I Regulation (1215/2012/EU) determines jurisdiction and governs the recognition and enforcement of judg- ments among EU member states, whereas the Rome II Regulation (864/2007/EC) establishes the law appli- cable to non-contractual obligations. In practice, conflicts are often managed through: • contractual clauses (particularly choice of law and jurisdiction); and/or • alternative dispute resolution mechanisms (such as arbitration and mediation).
but remedies (such as injunctions or damages) are awarded in a unified manner. No Double Recovery Even where multiple IP rights are implicated, the claimant cannot recover more than the actual harm suffered. Different legal bases do not justify multiple compensation for the same injury, but only support a single, comprehensive award. 8.7 International and Cross-Border Considerations Principle of Territoriality The fundamental starting point is the principle of ter- ritoriality, according to which IP rights (eg, patents and trade marks) are limited to the territory of a specific state. Consequently, courts generally apply the law of the country within which protection is sought (lex loci protectionis). International Framework At the international level, the TRIPS Agreement, adopted within the framework of the World Trade Organization, plays a key role by establishing mini- mum standards for the protection of IP rights. While TRIPS reduces disparities between national systems, it does not eliminate them, as states retain a degree of autonomy in implementation.
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