- Act No. 444/2002 Coll. on Designs as amended
- PART ONE
- Article 1 Subject-matter of regulation
- Article 2 Definition of terms
- Article 3 Terms of protection
- Article 4 Novelty
- Article 5 Individual character
- Article 6 Disclosure
- Article 7 Designs set by their technical function and designs of interconnections
- Registration and exceptions of registration Article 8
- Article 9
- Article 10
- Designer Article 11
- Article 12
- Article 13
- Article 14 Scope of protection
- PART TWO
- Article 15 Owner of registered design
- Article 16 Co-ownership of registered design
- Article 17 Rights conferred by registration
- Article 18 Exhaustion of rights
- Limitations of effects of registered design Article 19
- Article 20
- Article 21 Assignment of registered design
- Article 22 Transfer of registered design
- Article 23 Right of lien
- Article 24 Licence agreement
- Article 25 Validity and term of protection of registered design
- Article 26 Lapse of registered design
- Article 27 Infringement of rights
- Article 27a
- Disputes hearing Article 28
- Article 29
- PART THREE
- Article 30
- Article 31 Application
- Article 32 Right of priority
- Article 33 Interruption of application proceedings
- Article 34 Examination of application
- Article 35 Entry of design into the Register
- Cancellation of registered design Article 36
- Article 37
- Article 38
- Article 39
- Article 40 Forfeiture of registered design and transfer
- Article 41 Determination proceedings
- Article 42 Registration of licence, right of lien, assignment or transfer of registered design and court litigation in the Register
- Article 43 Further proceeding
- Article 44 Restitutio in integrum
- Article 45 Grounds for decision
- Article 46 Remedies
- Article 47 Data accessibility
- Article 48Register and Official Journal
- PART FOUR
- PART ONE
Act No. 444/2002 Coll. on Designs as amended
Amended by: Act No 344/2004 Coll.
Act No 84/2007 Coll.
Act No. 495/2008 Coll.
The National Council of the Slovak Republic has adopted the following Act:
PART ONE
BASIC PROVISIONS
Article 1
Subject-matter of regulation
- (1)
-
This Act governs legal relations arising in relation to creation, legal protection and application of a design.
- (2)
-
This Act shall not substitute protection afforded to same subjects pursuant to special regulations.F1F
Article 2
Definition of terms
For purposes of this Act - a)
-
design shall mean an appearance of a product or its part consisting in features which are particularly lines, contours, colours, shape, texture or materials of a product itself or of its ornamentation;
- b)
-
registered design shall mean a design entered into the Register of designs;
- c)
-
product shall mean any material item produced industrially or by handicraft, including wrapping, design, graphic symbols, typographic features or parts intended for assembling of a complex product with exception of computer programmes;
- d)
-
complex product shall mean a product consisting of several parts which can be replaced and which enable a product to be disassembled and re-assembled.
Article 3
Terms of protection
- (1)
-
Design which is new and has individual character shall be protected as a design.
- (2)
-
Design used in a product, which is part of a complex product or design embodied in such product shall be considered to be new and to have individual character:
a) if a component remains visible also after it has been incorporated into a complex product during normal use; and
b) if visible features meet a term of novelty and individual character.
- (3)
-
Normal use pursuant to paragraph 2(a) shall mean using by final user with exception of maintenance, service or repair works.
1 e.g. Act No. 383/1997 Coll. Copyright Act and act amending the Customs Act as amended by later regulations, Act No. 55/1997 Coll. on Trademarks in wording of Act No. 577/2001 Coll.
2 e.g. Articles 69, 479 and 487 of the Commercial Code, Articles 460 and 469 of the Civil Code, Articles 12 to 17 of the Act No 111/1990 Coll. on State Enterprise as amended.
3 Articles 136 and 142 of the Civil Code.
4 Article 151(a) to (j) and Article 552 of the Civil Code.
5 Articles 508 to 515 of the Commercial Code.
6 Articles 74 to 77 and Article 102 of the Code of Civil Procedure.
7 Act No. 71/1967 Coll. on Administrative Procedures (The Administrative Procedure Code).
8 Decree of the Minister of Foreign Affairs No 28/1981 Coll. on Locarno Agreement Establishing an International Classification for Industrial Designs, signed at Locarno on October 8, 1968.
9 Decree of the Minister of Foreign Affairs No 64/1975 Coll. on Paris Convention on Protection of Industrial Property of 20 March 1883 revised in Brussels on 14. December 1900, in Washington on 2. June 1911, in the Hague on 6. November 1925, in London on 2. June 1934, in Lisbon on 31. October 1958 and in Stockholm on 14. July 1967 as amended by Decree No 81/1958 Coll.
10 Communication of the Ministry of Foreign Affairs of the Slovak Republic No 152/2000 Coll. on Conclusion of the Agreement establishing the World Trade Organisation.
11 Article 40 of the Act No 237/1991 Coll. on Patent Attorneys as amended by the Act of the National Council of the Slovak Republic No 90/1993 Coll.
12 Article 6ter of the Decree of the Minister of Foreign Affairs No 64/1975 Coll. on Paris Convention on Protection of Industrial Property of 20. March 1883 revised in Brussels on 14. December 1900, in Washington on 2. June 1911, in the Hague on 6. November 1925, in London on 2. June 1934, in Lisbon on 31. October 1958 and in Stockholm on 14. July 1967 as amended by Decree No 81/1958 Coll.
13 Act of the National Council of the Slovak Republic No 270/1995 Coll. on official language of the Slovak Republic as amended.
14 Section 71 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.
15 Section 275(1) of Civil Court Code.
Article 4
Novelty
- (1)
-
Design shall be considered new if no identical design has been made available to public before priority date (Article 32).
- (2)
-
Designs shall be considered identical if their features differ only in immaterial details.
Article 5
Individual character
- (1)
-
Design shall be considered to have individual character if general impression raised for informed user differs from general impression raised for such user by any design which has been made available to public before priority date (Article 32).
- (2)
-
The degree of freedom of the a designer (Article 11) in creating a design shall be taken into consideration in assessing individual character.
Article 6
Disclosure
- (1)
-
Design shall be deemed to have been made available to public if it was published after its entry into the Register of Designs (hereinafter referred to as “Register”) or exhibited, used in trade or made available to public in other way before priority date. This shall not apply if such disclosure could not reasonably become known in normal commercial relation to experts in a concerned branch before priority date (Article 32).
- (2)
-
Design shall not be deemed to have been made available to public if it has been disclosed to a third person under the condition of confidentiality.
- (3)
-
Design for which protection according to this Act has been claimed shall not be deemed to have been made available to public if it has been made available to public by a designer, his successor in title or by a third person as a result of providing information or an action of a designer or his successor in title time limit in a period of 12 months before priority date (Article 32); This shall also apply in case if design has been made available to public as a consequence of an abuse of relation to designer or to his successor in title.
Article 7
Designs set by their technical function and designs of interconnections
- (1)
-
In examination of terms for entry of design into the Register, the features which
- a)
-
are explicitly set by technical function of a product;
- b)
-
have to be reproduced in their exact form and size so that a product in which a design is embodied or in which a design is used could be mechanically connected with other product or placed in, around or against such product so that either product could perform its function;
shall not be taken into the consideration.
- (2)
-
Paragraph 1 shall not apply if a purpose of a design, which meets the terms pursuant to Articles 4 and 5, is to enable multiple assembly or connection of mutually interchangeable products within a unit principle.
Registration and exceptions of registration
Article 8
The Industrial Property Office of the Slovak Republic (hereinafter referred to as “the Office”) shall enter a design which meets terms according to this Act into the Register.
Article 9
The Office shall not enter into the Register a design which is in contradiction with public order or good manners.
Article 10
- (1)
-
The Office shall not enter into the Register a design identical with design which is a subject-matter of design application (hereinafter referred to as “application”) filed in the Slovak Republic with prior priority date (Article 32) provided its registration.
- (2)
-
The Office shall not enter into the Register a design if an identical design has been registered in the Slovak Republic with prior priority date (Article 32).
Designer
Article 11
- (1)
-
Designer is a person, who has created a design by his own creative activity.
- (2)
-
Designer shall have right to design including right to file an application (hereinafter referred to as “right to design”).
- (3)
-
Designer shall have right to be mentioned in an application if an applicant is other person and shall have right to be entered into the Register as a designer if an owner of a registered design (Article 15) is other person.
- (4)
-
Co-designer is a person, who participated in creation of a design by his creative activity.
- (5)
-
Co-designer shall have right to design to extent of his participation on creation of a design. Participation of co-designers shall be in same extent unless otherwise agreed or unless relative body decides otherwise.
Article 12
- (1)
-
If designer has created a design within the framework of fulfilling tasks from an employment relationship or similar relationship, right to design shall pass to an employer, until parties of this relationship agreed otherwise. Right of being author shall remain unaffected.
- (2)
-
Designer who has created a design pursuant to paragraph 1 shall be obliged to inform the employer about this fact in writing immediately and at the same time he shall submit image of design.
- (3)
-
The employer is entitled to exercise right to design vis-à-vis designer in writing within a period of three months from notification pursuant to paragraph 2. If an employer fails exercise right to design within this time limit in writing, this right shall pass back to a designer. An employer as well as a designer shall be obliged to preserve confidentiality about design vis-à-vis third parties within this time limit. An employer shall be obliged to preserve confidentiality about design within a period of one month time limit from date, when right to design passed back to designer.
- (4)
-
Designer against whom right to design pursuant to paragraph 3 has been exercised shall be entitled to an appropriate remuneration from an employer. Contribution achievable by exploitation or other application of design shall be decisive for determining the amount of remuneration. Material share of an employer in design creation as well as extent and contents of designer’s workload shall be taken into consideration. If remuneration agreed or determined by relative body does not evidently correspond with contribution achieved by later exploitation or other application of a design, a designer shall have the right to supplementary compensation.
- (5)
-
Rights and obligations pursuant to paragraphs 1 to 4 shall remain unaffected after legal relationship between designer and employer has ceased.
Article 13
- (1)
-
Right to design shall be subject to assignment or transfer.
- (2)
-
Right to design, with an exception to right to authorship, shall belong to successors in title of persons listed in Article 11(2) and (5) and in Article 12(1).
- (3)
-
Agreement on assignment of right to design shall be made in writing.
- (4)
-
Right to design shall be transferred to other person in cases stipulated by special regulationsF2F.
- (5)
-
Together with assignment or transfer of right to design, which shall be executed after filing an application, assignment or transfer of rights from application shall occur at the same time. Assignment or transfer of rights from application shall become effective vis-à-vis third parties as from date of its entry into the Register.
Article 14
Scope of protection
- (1)
-
Scope of protection shall be determined by image of design as it is entered into the Register, with exception of features pursuant to paragraph 7. Scope of protection shall include any design, which shall not raise different general impression for informed user.
- (2)
-
Extent of creative latitude of designer freedom (Article 11) in creation of design shall be taken into consideration in assessment of scope of protection.
PART TWO
EFFECT OF REGISTERED DESIGN
Amended by: Act No 344/2004 Coll.
Act No 84/2007 Coll.
Act No. 495/2008 Coll.
The National Council of the Slovak Republic has adopted the following Act:
BASIC PROVISIONS
Subject-matter of regulation
This Act governs legal relations arising in relation to creation, legal protection and application of a design. This Act shall not substitute protection afforded to same subjects pursuant to special regulations.F1F
For purposes of this Act design shall mean an appearance of a product or its part consisting in features which are particularly lines, contours, colours, shape, texture or materials of a product itself or of its ornamentation; registered design shall mean a design entered into the Register of designs; product shall mean any material item produced industrially or by handicraft, including wrapping, design, graphic symbols, typographic features or parts intended for assembling of a complex product with exception of computer programmes; complex product shall mean a product consisting of several parts which can be replaced and which enable a product to be disassembled and re-assembled.
Design which is new and has individual character shall be protected as a design. Design used in a product, which is part of a complex product or design embodied in such product shall be considered to be new and to have individual character: a) if a component remains visible also after it has been incorporated into a complex product during normal use; and
b) if visible features meet a term of novelty and individual character.
Normal use pursuant to paragraph 2(a) shall mean using by final user with exception of maintenance, service or repair works. 1 e.g. Act No. 383/1997 Coll. Copyright Act and act amending the Customs Act as amended by later regulations, Act No. 55/1997 Coll. on Trademarks in wording of Act No. 577/2001 Coll.
2 e.g. Articles 69, 479 and 487 of the Commercial Code, Articles 460 and 469 of the Civil Code, Articles 12 to 17 of the Act No 111/1990 Coll. on State Enterprise as amended.
3 Articles 136 and 142 of the Civil Code.
4 Article 151(a) to (j) and Article 552 of the Civil Code.
5 Articles 508 to 515 of the Commercial Code.
6 Articles 74 to 77 and Article 102 of the Code of Civil Procedure.
7 Act No. 71/1967 Coll. on Administrative Procedures (The Administrative Procedure Code).
8 Decree of the Minister of Foreign Affairs No 28/1981 Coll. on Locarno Agreement Establishing an International Classification for Industrial Designs, signed at Locarno on October 8, 1968.
9 Decree of the Minister of Foreign Affairs No 64/1975 Coll. on Paris Convention on Protection of Industrial Property of 20 March 1883 revised in Brussels on 14. December 1900, in Washington on 2. June 1911, in the Hague on 6. November 1925, in London on 2. June 1934, in Lisbon on 31. October 1958 and in Stockholm on 14. July 1967 as amended by Decree No 81/1958 Coll.
10 Communication of the Ministry of Foreign Affairs of the Slovak Republic No 152/2000 Coll. on Conclusion of the Agreement establishing the World Trade Organisation.
11 Article 40 of the Act No 237/1991 Coll. on Patent Attorneys as amended by the Act of the National Council of the Slovak Republic No 90/1993 Coll.
12 Article 6ter of the Decree of the Minister of Foreign Affairs No 64/1975 Coll. on Paris Convention on Protection of Industrial Property of 20. March 1883 revised in Brussels on 14. December 1900, in Washington on 2. June 1911, in the Hague on 6. November 1925, in London on 2. June 1934, in Lisbon on 31. October 1958 and in Stockholm on 14. July 1967 as amended by Decree No 81/1958 Coll.
13 Act of the National Council of the Slovak Republic No 270/1995 Coll. on official language of the Slovak Republic as amended.
14 Section 71 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.
15 Section 275(1) of Civil Court Code.
Design shall be considered new if no identical design has been made available to public before priority date (Article 32). Designs shall be considered identical if their features differ only in immaterial details.
Design shall be considered to have individual character if general impression raised for informed user differs from general impression raised for such user by any design which has been made available to public before priority date (Article 32). The degree of freedom of the a designer (Article 11) in creating a design shall be taken into consideration in assessing individual character.
Design shall be deemed to have been made available to public if it was published after its entry into the Register of Designs (hereinafter referred to as “Register”) or exhibited, used in trade or made available to public in other way before priority date. This shall not apply if such disclosure could not reasonably become known in normal commercial relation to experts in a concerned branch before priority date (Article 32). Design shall not be deemed to have been made available to public if it has been disclosed to a third person under the condition of confidentiality. Design for which protection according to this Act has been claimed shall not be deemed to have been made available to public if it has been made available to public by a designer, his successor in title or by a third person as a result of providing information or an action of a designer or his successor in title time limit in a period of 12 months before priority date (Article 32); This shall also apply in case if design has been made available to public as a consequence of an abuse of relation to designer or to his successor in title.
In examination of terms for entry of design into the Register, the features which are explicitly set by technical function of a product; have to be reproduced in their exact form and size so that a product in which a design is embodied or in which a design is used could be mechanically connected with other product or placed in, around or against such product so that either product could perform its function; Paragraph 1 shall not apply if a purpose of a design, which meets the terms pursuant to Articles 4 and 5, is to enable multiple assembly or connection of mutually interchangeable products within a unit principle.
The Industrial Property Office of the Slovak Republic (hereinafter referred to as “the Office”) shall enter a design which meets terms according to this Act into the Register.
The Office shall not enter into the Register a design which is in contradiction with public order or good manners.
The Office shall not enter into the Register a design identical with design which is a subject-matter of design application (hereinafter referred to as “application”) filed in the Slovak Republic with prior priority date (Article 32) provided its registration. The Office shall not enter into the Register a design if an identical design has been registered in the Slovak Republic with prior priority date (Article 32).
Designer is a person, who has created a design by his own creative activity. Designer shall have right to design including right to file an application (hereinafter referred to as “right to design”). Designer shall have right to be mentioned in an application if an applicant is other person and shall have right to be entered into the Register as a designer if an owner of a registered design (Article 15) is other person. Co-designer is a person, who participated in creation of a design by his creative activity. Co-designer shall have right to design to extent of his participation on creation of a design. Participation of co-designers shall be in same extent unless otherwise agreed or unless relative body decides otherwise.
If designer has created a design within the framework of fulfilling tasks from an employment relationship or similar relationship, right to design shall pass to an employer, until parties of this relationship agreed otherwise. Right of being author shall remain unaffected. Designer who has created a design pursuant to paragraph 1 shall be obliged to inform the employer about this fact in writing immediately and at the same time he shall submit image of design. The employer is entitled to exercise right to design vis-à-vis designer in writing within a period of three months from notification pursuant to paragraph 2. If an employer fails exercise right to design within this time limit in writing, this right shall pass back to a designer. An employer as well as a designer shall be obliged to preserve confidentiality about design vis-à-vis third parties within this time limit. An employer shall be obliged to preserve confidentiality about design within a period of one month time limit from date, when right to design passed back to designer. Designer against whom right to design pursuant to paragraph 3 has been exercised shall be entitled to an appropriate remuneration from an employer. Contribution achievable by exploitation or other application of design shall be decisive for determining the amount of remuneration. Material share of an employer in design creation as well as extent and contents of designer’s workload shall be taken into consideration. If remuneration agreed or determined by relative body does not evidently correspond with contribution achieved by later exploitation or other application of a design, a designer shall have the right to supplementary compensation. Rights and obligations pursuant to paragraphs 1 to 4 shall remain unaffected after legal relationship between designer and employer has ceased.
Right to design shall be subject to assignment or transfer. Right to design, with an exception to right to authorship, shall belong to successors in title of persons listed in Article 11(2) and (5) and in Article 12(1). Agreement on assignment of right to design shall be made in writing. Right to design shall be transferred to other person in cases stipulated by special regulationsF2F. Together with assignment or transfer of right to design, which shall be executed after filing an application, assignment or transfer of rights from application shall occur at the same time. Assignment or transfer of rights from application shall become effective vis-à-vis third parties as from date of its entry into the Register.
Scope of protection shall be determined by image of design as it is entered into the Register, with exception of features pursuant to paragraph 7. Scope of protection shall include any design, which shall not raise different general impression for informed user. Extent of creative latitude of designer freedom (Article 11) in creation of design shall be taken into consideration in assessment of scope of protection.
PART TWO
EFFECT OF REGISTERED DESIGN
PART ONE
Article 1
Article 2
Definition of terms
Article 3
Terms of protection
Article 4
Novelty
Article 5
Individual character
Article 6
Disclosure
Article 7
Designs set by their technical function and designs of interconnections
shall not be taken into the consideration.
Registration and exceptions of registration
Article 8
Article 9
Article 10
Designer
Article 11
Article 12
Article 13
Article 14
Scope of protection