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Chapter 25 - Enforcement of Intellectual Property Rights in Slovakia

Published online by Cambridge University Press:  12 April 2019

By
Zuzana Adamová ,
Ivan Petkov  and
Michal Čerňanský
Edited by
Flip Petillion
Zuzana Adamová
Affiliation:
Senior Associate at PETKOV & Co.
Ivan Petkov
Affiliation:
Managing Partner at PETKOV & Co.
Michal Čerňanský
Affiliation:
Associate at PETKOV & Co.
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Summary

NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE

A. PRIMARY AND SECONDARY LAW

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (the “Enforcement Directive”) was transposed into several legal acts, including intellectual property (IP) rights acts and general legal acts, in concreto:

  • – Act No. 160/2015 Coll. Civil Dispute Procedure as amended by the Act No. 87/2017 Coll. (the “Civil Dispute Procedure”);

  • – Act No. 40/1964 Coll. Civil Code as amended (the “Civil Code”);

  • – Act No. 513/1991 Coll. Commercial Code as amended (the “Commercial Code”);

  • – Act No. 185/2015 Coll. Copyright Act as amended by the Act No. 125/2016 Coll. (the “Copyright Act”);

  • – Act No. 435/2001 Coll. on patents, supplementary protection certificates and on amendment of other acts (Patent Act) as amended (the “Patent Act”);

  • – Act No. 517/2007 Coll. on utility models as amended (the “Utility Models Act”);

  • – Act No. 444/2002 Coll. on designs as amended (the “Design Act”);

  • – Act No. 202/2009 Coll. on legal protection of plant varieties as amended (the “Plant Varieties Act”);

  • – Act No. 146/2000 Coll. on protection of topography of semiconductors as amended (the “Semiconductors Act”);

  • – Act No. 506/2009 Coll. on trademarks as amended (the “Trademark Act”);

  • – Act No. 469/2003 Coll. on designations of origin and geographical indications as amended (the “Designations of Origin and Geographical Indications Act”);

  • – Act No. 233/1995 Coll. on court bailiffs and on execution activity (“Execution Procedure”).

    • The enforcement of IP rights also deals with criminal law (regulated mainly in Act No. 300/2005 Coll. Criminal Code as amended (the “Criminal Code”) and Act No. 301/2005 Coll. Criminal Procedure as amended) and with administrative law (regulated mainly in Act No. 372/1990 Coll. on Administrative Offences as amended (the “Administrative Offences Act”), Act No. 71/1967 Coll. Administrative Procedure as amended and Act No. 162/2015 Coll. Administrative Judicial Procedure). The enforcement of IP by customs authorities is regulated by a special act (Act No. 486/2013 Coll. on intellectual property rights enforcement by custom authorities). It also regulates offences and other administrative misdemeanours related to IP rights infringements in respect of goods under customs control and goods placed on the domestic market.

    Type
    Chapter
    Information
    Enforcement of Intellectual Property Rights in the EU Member States
    , pp. 1023 - 1054
    Publisher: Intersentia
    Print publication year: 2019

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