Application of special powers for effective protection of intellectual property rights
The Law on Special Powers for Effective Protection of Intellectual Property Rights (“Official Gazette of the Republic of Slovenia”, No. 46/06, 104/09-other law) prescribes acting ex officio or at the request of the holder of intellectual property rights.
The holder of intellectual property rights is the original acquirer of intellectual property rights or his legal successor, including professional associations, ie organizations for the collective exercise of rights in accordance with the regulations governing intellectual property rights.
Acting ex officio
If they find a violation of intellectual property rights by direct inspection, the market inspector has the authority to temporarily seize goods that infringe that right, as well as the measure of temporary prohibition of activities that infringe intellectual property rights, which he immediately informs the holder of intellectual property rights. within 15 days from the day of receipt of the notification, initiate a procedure for protection of their right before the competent court and within that period to inform the market inspection about the initiated procedure, ie about the temporary measure determined by the court. If the holder of intellectual property rights does not inform the market inspection about the initiated procedure, ie does not submit the court decision determining the temporary intention, and if there are no reasons for final confiscation and destruction of goods, temporarily confiscated goods are returned to the person from whom they were seized. temporarily prohibited activities are repealed.
In addition to the above-mentioned measures of a temporary nature, in acting ex officio, the market inspection has the possibility to take samples of goods to examine the existence of infringement of intellectual property rights and provide evidence and the authority to file a complaint to the competent public prosecutor or misdemeanor court to establish an infringement of intellectual property rights. At the request of the market inspection, when goods have been temporarily seized in order to establish an infringement of an intellectual property right, the holder of the intellectual property right shall provide assistance, including technical expertise, equipment and facilities.
Acting at the request of the holder of intellectual property rights
The Market Inspection acts upon the written requests of the holders of intellectual property rights, which can be submitted to the address: Ministry of Trade, Tourism and Telecommunications, Market Inspection Sector, 11000 Belgrade, st. Minority no. 22-26.
The request may be individual, if it refers to one specific consignment / certain quantity of goods, or general, if it refers to all quantities of certain goods in the proposed period of time.
The request shall contain in particular: a description of the goods; data on the basis of which goods that infringe intellectual property rights can be identified; proof that the applicant is the holder of intellectual property rights in relation to those goods; and a proposal of the time period in which action is required. In addition, the request may contain: information on the basis of which the shipment or packaging can be identified; information on the place where the goods are located or on their presumed destination; the name of the manufacturer, importer, owner or holder of the goods; the presumed date of delivery or dispatch of the goods; data on the means of transport used for transport; sample, ie photographs of goods; a record of a copyright work or subject matter of related law.
A decision is made on the submitted request, and the decision on the adopted request is submitted to the market inspection departments, for action.
Based on the decision on the approved request, temporary confiscation of goods corresponding to the description from the approved request may be performed, of which the applicant shall be notified and invited to initiate proceedings to protect his right before the competent court within 15 days of receiving the notification within the deadline, informs the Market Inspection Sector about the initiated procedure, ie about the temporary measure determined by the court.
If the right holder fails to submit the court decision ordering the temporary measure, the temporarily seized goods shall be returned to the person from whom they were seized, except in the case when there are reasons for final confiscation and destruction of the goods.
Rights and duties within the inspection supervision over the implementation of the Law on Optical Discs
Pursuant to the Law on Optical Discs (“Official Gazette of the Republic of Slovenia”, No. 52/11), the market inspection has the right and duty to:
– inspect the licensed premises and control the activities that take place in them
– review the issued license;
– inspects optical discs, production parts (stampers), production equipment and
raw materials for the production of optical discs, and make an inventory of them;
– review records, business books, contracts and other documents, as well as evidence of
the right to reproduce or record material protected by copyright or
related law on optical discs or production parts (stamper);
– checks and determines whether the production parts (stamper), ie molds,
including spare parts and production equipment, adapted for
placing the producer codes contained in the license;
– checks and determines whether optical discs and production parts (stamper)
marked with the appropriate manufacturer’s code;
– checks whether the records prescribed by law are kept;
– temporarily keep, until the court decision, optical discs, production parts
(stamper), raw material or equipment for the production or duplication of optical
disks, if he expresses suspicion that a violation of the law prescribed as
violation or violation of another law prescribed as an economic offense
or criminal offense of infringement of intellectual property rights, and to inform about it
holder of intellectual property rights, ie organization;
– takes a certain number of samples of optical discs, ie production parts
(stamper) necessary for proving in the proceedings before the competent court;
– order the destruction of the seized optical disks, ie production ones
parts (stamper), when, in addition to the activities undertaken to find the owner,
their owner or holder remains unknown;
– take samples of optical discs for verification and transmission of data internationally
organizations for the protection of intellectual property rights.