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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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