Ley N° 90/1993 Coll. sobre Medidas relativas a la Protección de la Propiedad Industrial, Eslovaquia

from March 25, 1993 about the measures covering the Industrial property.

National Council of Slovak Republic passed the following Law

Art. I

The Law No. 159/1973 of the Col. on protection of appellations of origin of the products is changed as follows:

(1)

In the § 2, the words “Office for Inventions and Discoveries” are replaced by “Industrial Property Office of the Slovak Republic”.

(2)

In the § 13, Sec. 1, the word “Czechoslovak” is replaced by “Slovak”.

(3)

In the § 16, the words “Czechoslovak citizens” are replaced by “the citizens of the Slovak Republic”.

Art. II

The Law No. 174/1988 of the Col. on trade marks is changed as follows:

(1)

In the § 7, Sec. 3, the words “Office for Inventions and Discoveries” are replaced by the words “Industrial Property Office of the Slovak Republic”.

(2)

In the § 9, § 15, Sec. 6 and § 21 is the word “Czechoslovak” replaced by the word “Slovak” and in the § 26 the word “Czechoslovak” replaced by the word “Slovak”.

(3)

In the § 15, Sec. 5, the words “or economic arbitration according to his/her competence” are omitted.

(4)

In the § 15, Sec. 6, the words “or at economic arbitration” are omitted.

(5)

In the § 24, Sec. 4, the words “financial administration” are replaced by the words “General Tax Office”.

(6)

In the § 24, Sec. 5 is the word “federation” replaced by the words “Slovak Republic”.

(7)

In the § 26, the words “national committees” are replaced by the word “municipality”.

(8)

In the § 26, Sec. 2, the words “Czech or” are omitted.

Art. III

The Law No. 527/1990 of the Col. on inventions, industrial designs and innovation proposals is changed as follows:

(1)

In the § 11, Sec. 4, the words “Czech or” are omitted.

(2)

In the § 24, Sec. 2 and § 76, Sec. 1, the word “Czechoslovak” is replaced by the word “Slovak”.

(3)

In the § 82, Sec. 3; letter b), the words “Czechoslovak organ” are replaced by the words “the authority of Slovak Republic”.

(4)

In the § 88, Sec. 2, the words “is amend by the regulations of the Ministry of Health of Czech Republic and” are replaced by the words “is amended by the regulations”.

(5)

In the § 88, Sec. 3, the second sentence is as follows:

“The details will be amended by the region of the Ministry of Agriculture of the Slovak Republic after agreement with the Office”.

Art. IV

The Law No. 237/1991 of the Col. on patent agents is changed as follows: the Slovak Republic are to be represented in the proceedings before the Office by an organisation or a member of the authorised organisation, eventually by an agent chosen according to the special rules, or by the patent agent authorised by the Office, it means the representation by an agent selected according to the special regulations¹ who is a citizen of the Slovak Republic and has a domicile in the Slovak Republic, or has a residence in the Slovak Republic to whom this authorisation (powers or licence) was granted by the Office, or a patent agent under this Law.

Art. V

The Law No. 529/1991 of the Col. on protection of topographies of semiconductor products is changed as follows: In the § 6, Sec. 1, the words “Czech and Slovak citizens” are replaced by the words “citizens of the Slovak Republic”.

Art. VI

(1)

If the term “Czech and Slovak Federal Republic” or “Czechoslovak Socialist Republic” is used in the laws named in the articles I - V and in the Law No. 478/1992 of the Col. on utility models, this term is understood as “Slovak Republic”.

(2)

If the term “Bulletin issued by the Office for Inventions and Discoveries” or “Bulletin of Federal Office for Inventions” is used in the laws named in the Sec. 1, this term is understood as “Bulletin of the Industrial Property Office of the Slovak Republic”.

Art. VII

(1)

Procedure concerning the applications filed by the citizens of the Slovak Republic with a residence on the territory of the Slovak Republic as authors, which were not accomplished till this Law came in force, will be accomplished according to the regulations in force.

(2)

Procedures concerning the inventions and industrial designs², utility models³, topographies of semiconductors⁴, appellations of origin of the products⁵and trade marks⁶, which were not accomplished till December 31, 1992, will be finished by the Industrial Property Office of the Slovak Republic in accordance with the regulations in force.

(3)

Legal acts carried out in procedure before the Federal Office for Inventions as well as legal facts, which are relevant according to the existing regulations, which occurred till December 31, 1992, will remain in force unless the law states otherwise.

¹ § 77, Law No. 527/1990 of the Col. on inventions, industrial designs and innovations in the wording of the Law No. 519/1991 of the Col. ² § 24 and 42, Law No. 527/1990 of the Col. ³ § 8, Law No. 478/1992 of the Col. on utility models ⁴ § 7, Law No. 529/1991 of the Col. on protection of topographies of semiconductors ⁵ § 7, Law No. 159/1973 of the Col. on protection of appellations of origin of the products ⁶ § 8, Law No. 174/1988 of the Col. on trade marks

(4)

Author’s certificates and patents of inventions, industrial designs patents and certificates, registrations of industrial designs, utility models, topographies of semiconductors, appellations of origin of the products and trade marks, that were valid by December 31, 1992 on the territory of the Slovak Republic, will remain valid in accordance with the regulations in force.

(5)

If the procedures concerning the cancellation of the registration of the appellation of origin of the products⁷, cancellation of the patent or author’s certificate on inventions, annulation of the industrial models⁸, utility design⁹, topography of the semiconductor product¹⁰ and a trade mark¹¹ from the Register, procedures concerning the proposal to withdraw the protection for utility models¹² or topographies of semiconductors, decisions whether a certain object described in an application is within the protection of the certain patent or author’s certificate of invention or utility model, or whether the external design of the product is within a scope of a certain industrial model, granting the compulsory licence on invention, utility models or topography of a semiconductor product, were not accomplished till December 31, 1992, they will be finished by the Industrial Property Office of the Slovak Republic.

Art. VIII

(1)

Those patent agents, who are the citizens of the Slovak Republic having a residence on its territory and registered in accordance with the regulations in force ¹³, are considered to be the patent agents listed in the Register administrated by the Chamber of patent agents in Bratislava.

(2)

Until the organs of the Chamber of patent agents are established, the scope of their activity is carried out by a preparation committee, appointed by the President of the Industrial Property Office of the Slovak Republic.

(3)

The preparation committee will call constituent conference of the Chamber of patent agents not later than by June 30, 1993.

Art. IX

This Law will enter into force at the date of its announcement.

⁷ § 10, Law No. 159/1973 of the Col. ⁸ § 23 and 62, Law No. 527/1990 of the Col. ⁹ § 17, Law No. 478/1992 of the Col. ¹⁰ §13, Law No. 529/1991 of the Col. ¹¹ § 23, Law No. 17411988 of the Col. ¹² § 19, Law No. 478/1992 of the Col. ¹³ § 2 and 4, Law No. 237/1991 of the Col. on patent agents