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Enforcement of IPRs in Slovakia


Enforcement of IPRs
The online presence of infringing goods is the main source of illicit goods, which provide cheaper value of the goods.
Films and series, music, and games most often face counterfeiting and piracy in Slovakia.
They are as follows:
  • The Act No. 185/2015 Coll. on Copyright and Related Rights (as amended by Act No. 306/2018 Coll.);
  • The Act No. 291/2018 Coll. on Amendments to Act No. 506/2009 Coll., on Trademarks and Other Laws;
  • The Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and Amendment of Some Acts [Patent Act (as amended up to Act No. 291/2018 Coll.)];
  • The Act No. 444/2002 Coll. on Designs (as amended up to Act No. 291/2018 Coll.;
  • The Act No. 469/2003 Coll. on Designations of Origin for Products and Geographical Indications for Products and on Amendment of Some Other Acts (as amended up to Act No. 125/2016 Coll.);
  • The Act No. 495/2008 Coll. on Maintenance Fees for Patents, European Patents and their effects for the Slovak Republic, Maintenance Fees for Supplementary Protection Certificates for Medicinal and Plant Protection Products, and the Amendment of Certain Laws (as amended up to January 1, 2011); and
  • The Act No. 146/2000 Coll. on the Legal Protection of Topographies of Semiconductor Products (as amended by Act No. 84/2007 Coll.).
Patents, Trademarks, Semi-conductors, Copyright, Designs, and Plant Varieties are the different types of IPRs protected by IPR enforcement in Slovakia.
Before filing for infringement proceedings, it is also advisable to perform a background check on the potential infringer to understand what to expect. One should also be aware that most small and medium enterprises managers may not speak the same language as their opposition; however, this is slowly changing.
Yes, the general limitation period is 03 years, which starts running from the time when the right could first be exercised.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation -
C) Raids – Yes
D) Seizures – Yes
E) Destruction - Yes
It depends on the peculiarity and complexity of each case, but may extend up to a period of 02 years at an average.
A) Responsible Authority - Criminal Courts
B) Imprisonment Term - The most usual punishment for these types of crime is imprisonment for up to 03 years in the case of basic crimes and up to 08 years for more serious offences
C) Monetary Fine - In addition, the court may order a fine of up to €331,930
There is a possibility to resort to ADR measures. However, the same are not much preferred in Slovakia.
The remedies available under border control measures (customs) in Slovakia include the imposition of fines and/or destruction of infringing goods.
The applicant bears the costs of customs intervention during enforcement.
If the IP rights holder abuses the enforcement measures, the Customs may suspend the goods withheld from detention.
Court Proceedings
There is a central court responsible for all patent-related matters. The process might be quite cumbersome because opposite to trademarks, the courts have not gathered extensive experience in patent-related cases, especially for patent-protected methods. For coming to a conclusion in infringement cases, the court relies heavily on expert opinions of patent office examiners. In some cases, external court appointed experts are used. They might, however, have very limited experience and sometimes possess an incorrect understanding of the scope of protection of the patents.