Slovakia
GENERAL INFORMATION
Area: 49,030 sq. km.
Population: 5,425,319 (2023).
Capital: Bratislava.
Language: Slovak.
Currency: Euro.
GENERAL REMARKS
The Slovak Republic came into existence on January 1, 1993, as a result of the separation of the former Czechoslovakia. As of the same date, the Slovak Patent Office was established in Bratislava and in 1995 moved to Banská Bystrica. Laws and membership in international conventions concerning protection of industrial property rights of the former Czechoslovakia remain in force in the Slovak Republic.
The Slovak Republic is a member of the European Union as of May 1, 2004.
PATENTS OF INVENTION
LEGAL BASIS
- Law No. 435/2001 of October 4, 2001 on Patents, Supplementary Protection Certificates and on Amendment of other Acts: “The Patent Act”, in force since November 1, 2001.
- Law No. 402/2002 Coll., which amends Law No. 435/2001 Coll. (The Patent Act) and Decree No. 223/2002 of March 13, 2002. Further amendments of Law No. 435/2001: Laws Nos. 84/2007 Coll., 517/2007 Coll., and 202/2009. Last amendment in force since January 14, 2019.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since January 1, 1993.
- Patent Cooperation Treaty (PCT), since January 1, 1993.
- European Patent Convention, since July 1, 2002.
FILING REQUIREMENTS
- Name and address of the applicant;
- Name and address of the inventor;
- Power of Attorney (signed by applicant without legalization), can be filed after the filing of the application;
- A document showing the right to the patent, if the applicant is not the inventor, can be filed after the filing date;
- Specification and claims (in English, German or French, to be translated), 2 copies. Abstract;
- Drawings: 1 original, 3 copies, size A4;
- Priority document (if any), to be filed only on request of the Patent Office;
- Assignment of priority right, if the applicant in the Slovak application is not the same as the first applicant (notarization of the signature of the first applicant is required), to be filed only on request of the Patent Office.
REMARKS
National Phase of PCT: both under Chapter I and Chapter II: 31 months.
Validity: issued after a formal and full examination – valid for 20 years from the filing date.
Annuities: are to be paid after the grant of a patent. Their payment may be delayed for six months with a fine of 100%.
Opposition: after the publication, any person may file observations regarding the patentability of the application’s object.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Law No. 506/2009 on Trademarks, in force since January 1, 2010.
- Decree No. 567/2009 implementing the above Act No. 506/2009, in force since January 1, 2010.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since January 1, 1993.
- Madrid Agreement, Stockholm Act, since January 1, 1993.
- Madrid Protocol, since September 13, 1997.
FILING REQUIREMENTS
- Power of Attorney (signed by applicant without legalization);
- Name and address of the applicant;
- List of goods and/or services (in English, German or French);
- 1 photocopy of the mark (min. size 8 x 8 cm), not required for marks in block letters;
- Priority document (if any).
REMARKS
Kinds of protection: trademarks comprising a word or device or a combination of both, two- and three- dimensional designations. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: use is obligatory within any five-year period. The public offer for use of the trademark through the press has the validity of usage.
Duration – renewals: 10-year period from the filing date, renewable for further periods of ten years.
Opposition: may be filed within three months from the date of publication in the Bulletin. The opposition period for international trademarks begins the first day of the next month after the date of publication in the WIPO Gazette of International Marks
INDUSTRIAL DESIGNS
LEGAL BASIS
- Law No. 444/2002 Coll. on Designs of June 20, 2002, in force since October 1, 2002, and Decree No. 629/2002 Coll. implementing the above Act No. 444/2002 Coll. on Designs, amended by Law No. 84/2007 Coll. implementing EC Directive No. 2004/48/EC on the Enforcement of Intellectual Property Rights, effective from March 1, 2007, and further amended by Law No. 495/2008. Last amendment in force since January 14, 2019.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since January 1, 1993
FILING REQUIREMENTS
- Name and address of the applicant;
- Name and address of the creator of the design;
- Power of Attorney (signed by the applicant without legalization, can be filed later);
- 6 reproductions of the design (photographs or drawings);
- Description is not usually required and its filing is optional;
- Priority document and an assignment of priority right if the applicant in the Slovak Republic is not identical to the first applicant.
REMARKS
Duration – renewals: after formal and novelty examination: 5 years; Extension: four additional 5-year periods.
Opposition: not provided for.
DOMAIN NAMES
LEGAL BASIS
- There is no specific legislation on country code top-level domain names.
FILING
- ccTLD: .sk
- Applicant: individuals and legal entities.
- Local presence: recommended.
REMARKS
Duration – renewals: one to ten years, renewable for like periods.
Uniform dispute resolution procedure: none, but an Alternative Dispute Resolution Procedure (ADRP) is available.
To access the full content, please subscribe here.
