Newsletters and Bulletins / May 2002 / Slovenia |
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Slovenia - Intellectual Property Law Amended The
Republic of Slovenia adopted a new Law on Industrial Property, effective
December 7, 2001, to conform to the requirements of the TRIPs Agreement and
various European Community Directives. The principal amendments of the law,
with respect to trademarks, are summarized below.
The
definition of a trademark has been broadened to include any sign, or any
combination of signs, including personal names, figurative elements,
three-dimensional images, including the shape of goods or their packaging, or
compositions of the foregoing.
The
types of geographical indications eligible for registration have been expanded
to include names of products that have been generally known through extensive
use indicating that the products originate in a specific place or region.
However, geographical indications for agricultural products, wines and other
products obtained from grapes or wine may not be registered.
An
opposition may only be based on relative grounds for refusal, e.g. if the mark
is identical or similar to a prior application or registration, although third
parties may file observations alleging lack of inherent registrability.
Although
Slovenia is not yet a member of the European Union, owners of European
Community trademarks may file oppositions against Slovenian applications for
similar trademarks, provided they simultaneously file a corresponding Slovenian
trademark application.
The
law provides for national exhaustion of trademark rights, but also allows for
the possibility of regional or international exhaustion pursuant to any
international agreements to which Slovenia may become a party.
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