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Špela Kučan, undersecretary Slovenian Intellectual Property Office

Enforcement of IPR in Slovenia at present (as seen from the Slovenian IP Office) UNECE Subregional Capacity Building Seminar on IP ( Skopje, 1 - 3 April 2009 ). Špela Kučan, undersecretary Slovenian Intellectual Property Office. Enforcement of IP Rights - Slovenia.

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Špela Kučan, undersecretary Slovenian Intellectual Property Office

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  1. Enforcement of IPR in Slovenia at present(as seen from the Slovenian IP Office)UNECE Subregional Capacity Building Seminar on IP(Skopje, 1 - 3 April 2009) Špela Kučan, undersecretarySlovenian Intellectual Property Office

  2. Enforcement of IP Rights - Slovenia Slovenian Intellectual Property Office (SIPO) is not competent to take measures related to the enforcement of intellectual property rights; however, it cooperates with other bodies authorised to carry out such measures: • Customs Administration of the Republic of Slovenia • Market Inspectorate of the Republic of Slovenia • General Police Directorate • Courts / Office of the State Prosecutor

  3. Enforcement of IP Rights - Slovenia Whom can a holder of IP rights address when its rights are being infringed? It depends on the circumstances of the case and on a type of the infringement which government body could help the right holder in a certain case. Information on possible measures in cases of infringement is available with the following government bodies: Customs Administration of the Republic of Slovenia (Prohibitions and Restrictions Dept.), Market Inspectorate of the Republic of Slovenia, General Police Directorate. Right holders can be provided legal assistance by lawyers and, in certain cases, patent agents or trade mark and design agents registered with the Slovenian IP Office.Which measures can a right holder apply when its rights are being infringed? Right holders can choose between civil, penal or administrative measures [a) actions by customs authorities or b) actions by market inspectorate]

  4. IPR Enforcement and SIPO The Slovenian IP Office is endeavouring to establish an inter-sectoral coordination for efficient enforcement of IP rights (= National IP Forum). These activities have also been included into the National Action Plan for Cooperation between SIPO and EPO for the period 2007–2010, the 1st NAP made according to the rules of the new EPO cooperation policy. The main planned tasks within this activities: • to raise the level of protection of intellectual property and decrease piracy • to establish coordination among the customs authorities, market inspectorate, police, courts, chambers of commerce and industry, Chamber of Crafts, Association of Patent and Trademark Agents and SIPO • to amend the Industrial Property Act based on analysis • to set-up a common database • to raise awarenessof the public and right holders

  5. IPR Enforcement and SIPO Basis for coordination > actions taken • 2004 – : government bodies authorised to carry out measures related to the enforcement of IPR have been turning to SIPO for help (regarding rights holders, for opinions, etc.) • 2005 – 2007: SIPO provided information and specific training on IPR for these bodies officials and experts • 2007: the non-formal coordination started upon SIPO’s initiative to address the need for coordinated activities, exchange of information and knowledge • 2008: public colloquium on how to set-up a National IP Forum was organised (presenting “good practice” from UK and HU), a chapter on IPR enforcement was published on SIPO’s website • 2009: non-formal coordination agreed to begin the process of formalising the coordination = to set-up a national coordinating body for IPR enforcement (also based on the Council resolution of 25/9/2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (2008/C 253/01), SIPO is preparing the draft of the government decision.

  6. Thank you.for more info see:http://www.uil-sipo.si/sipo/office/about-us/ipr-enforcement/or email: spela.kucan@uil-sipo.si

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