 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVK/G/2 
7 September 2004 
 (04-3713) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVAK REPUBLIC 
  The present document reproduces the text
1 of Act No. 469/2003 Coll. on Designations of 
Origin for Products and Geographical Indications  for Product and on Ame ndment of Some Acts, 
notified by the Slovak Republic under Article 63. 2 of the Agreement by means of a communication 
from its Delegation dated 15 June 2004.   
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE SLOVAQUE 
  Le présent document contient le texte
1 de la Loi n° 469/2003 Coll. sur les désignations 
d'origine pour les produits et les indications géogra phiques pour les produits et sur la modification de 
certaines lois, notifiée par la République slovaque au titre de l'article 63:2 de l'Accord au moyen d'une 
communication de sa délégation datée du 15 juin 2004.    
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA ESLOVACA 
 
 En el presente documento se reproduce el texto
1 de la Ley Nº 469/2003 Recop. sobre las 
denominaciones de origen e indicaciones geográficas de productos, y de modificación de algunas leyes, que la República Eslovaca ha notificado en  virtud del párrafo 2 del artículo 63 del Acuerdo 
mediante una comunicación de su dele gación de fecha 15 de junio de 2004. 
                                                     
 
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SVK/G/2 
Page 2  
 
 Act no. 469/2003 Coll. 
 
of 28th October 2003 
 
on designations of origin for products  and geographical indications for product 
and on amendment of some acts 
 
THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC,  HAS ADOPTED THE FOLLOWING ACT:  
Title I 
 
PART ONE 
BASIC PROVISIONS 
 
Article 1 
Subject-matter of Regulation 
 
This Act governs the legal conditions  to acquire the right for protection of designation of origin for 
product or geographical indication for product and le gal conditions for the protection of that right. 
 
Article 2 
Definition of terms 
 
(1) For the purposes of this Act 
 
a) designation of origin for product shall mean the name of a specific place, a region or, in exceptional 
cases, a country, used to describe an  agricultural product originating in that specific place, region, or 
country, if the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natura l and human factors, and the production, processing 
and preparation of which take place in the de fined specific place, region, or country, 
 
b) geographical indication for product shall mean the name of a specific place, a region or, in 
exceptional cases, a country, used to describe an agricultural product or iginating in that specific place, 
region, or country which possesses a specific quality, reputation or other characteristics attributable to 
that specific place, region, or country and the pr oduction, processing or preparation of which take 
place in the defined specific place, region, or country, 
 c) product shall mean any goods produced, mined out  or otherwise obtained, irrespective of its 
processing stage, that is destined for a consumer,  d) generic name shall mean the name of an ag ricultural product which, although it refers to the 
specific place, the region or the country where th is product was originally produced or marketed, it 
has become the common name of an agricultural product, 
 
e) a legal or natural person entered as the holder in the Register shall be  deemed the holder of 
the registration certificate for a designation of origin for product or a geographical indication 
for product,  f) user of registered designation of origin fo r product or registered  geographical indication 
for 
product shall mean a member of corporati on or association of producers or processors  which use  IP/N/1/SVK/G/2 
 Page 3 
 
 
 registered designation of origin for pro duct or registered geographical indication  for product that is 
subject to registration,  
 g) delocalization clause shall mean a geographical  data, specifying the territory where the product 
originates from. 
 
(2) Certain traditional geographical or non-geograp hical names designating an agricultural product or 
a foodstuff originating in a specific place, a region or a country, which fulfil the conditions of this act shall also be considered as d esignations of origin for products. 
 
Article 3 
 
A designation of origin for product (hereinafter referred to as "designation of origin") and 
geographical indication for product (hereinafter re ferred to as "geographical indication"), which 
comply with the requirements of this Act and related Regulations
1, shall enter in the Register of 
designations of origin and geographical indications (h ereinafter referred to as "Register") kept by the 
Industrial Property Office of the Slovak Republic  (hereinafter referred to as “the Office”). 
 
Article 4 
Exclusions from registration 
 The following shall not be registered as a designation of origin or geographical indication: 
 a) an indication which, although literally true as to the territory, region or locality in which the 
product originates, is capable to evoke a false assumption that the product originates in another territory, 
 
b) an indication which is a generic name of the product although originate in specified territory,  c) an indication identical with a plant variety or animal breed and as a result is liable to mislead the 
public as to the true origin of the product,  
d) an indication for similar or identical product wh ich is identical to or confusingly similar with 
registered designation of origin, geographical indication, trademark, or unregistered well-known 
trademark,  e) an indication identical to or confusingly simila r with registered well-known trademark if the use of 
such indication for any products would indicate c onnection between the thus- marked products and 
the owner of the registered well-known mark, and if th e interests of its owner are likely to be damaged 
by such use. 
 
Article 5 
Registration of identical names of regions for wines or spirits 
 
If the applicant which filed the application of d esignation of origin or geographical indication for 
wines or spirits, in accordance with Article 14 using a delocalization clause, is able to ensure such a 
manner of utilization of these indications which is not capable to evoke a false assumption about the 
true origin of product, two or more designations of origin or geographical indications for wines or 
spirits containing identically written or identically reading names of places may enter in the register 
provided that the principle of equal position of  producers in the market is complied with. 
 
 
 
1 Act of the National Council of the Slovak Repub lic No. 152/1995 Coll. on Foodstuffs as amended. IP/N/1/SVK/G/2 
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 PART TWO 
DESIGNATIONS OF ORIGIN 
 
Article 6 
Rights and obligations conferred by registration 
 
(1) Only the holder of the registration certificate for a designation of origin for product (hereinafter referred to as " holder of the registration certificate ")  and user of registered designation of origin for 
product (hereinafter referred to as " user ") is  entitled to use registered designation of origin. 
 
(2) Holder of the registration certificate has the right to prohibit the use of designation of origin by 
user if the designated product lacks the character istics or quality which are due to a particular 
geographical environment [Article 15(1)(d)] or  does not comply with the requirements of 
specification for agricultural product or foodstuffs.  
(3) Holder of the registration certificate or the u ser may assign on the product the information that this 
is a registered designation of origin.  (4) No license may be granted for th e registered designation of origin. 
 (5) The right of lien on registered designation of origin may not be established. 
 
(6) Registered designation of origin may not be a subject of an assignment. 
 
Article 7 
 (1) Registered designation of origin shall be protected against : 
 (a) any direct or indirect commercial use in respect  of products not covered by the registration in so 
far as those products are identical or comparable to the products registered under that designation of origin or insofar as using the name exploits the re putation of the registered designation of origin ; 
 
(b) any misuse, imitation or evocation, even if the true origin of the product is indicated or if the 
registered designation of origin is translated or accompanied by an expression such as 'kind`, 'style`, 
'type`, 'method`, 'as produced in`, 'imitation`, similar; or by use of similar expression,  (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities 
of the product, on the inner or outer packaging, advertising material or documents relating to the 
product concerned, and the packing of the product in  a container liable to convey a false impression as 
to its origin,  (d) any other practice liable to mislead the pub lic as to the true origin of the product. 
 
(2) Where a registered designation of origin contains within it the name of a product that is considered 
generic, the use of that generic name shall not be cons idered to be contrary to the (a) or (b) in the first 
subparagraph. 
 
Article 8 
 
(1) Protection of designation of origin shall arise on the day of entering in the register.  (2) Protection of designation of origin shall be unlimited in time. 
  IP/N/1/SVK/G/2 
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 Article 9 
 
(1) Any person may requests that it should be prohibit ed to use the registered designation of origin for 
identical or similar products, which does not fulfil  the conditions for its utilization and may request 
that thus products be withdrawn from market.  
(2) In the case of unauthorized inte rference with the rights protected by this Act or jeopardizing these 
rights, the holder of registration certificate whose rights have been infringed or jeopardized is entitled 
to claim that everybody who puts or intends to put identical or similar product in the market, for 
information about origin of the product, for which the protected designation of origin is used and on circumstances regarding its introduction into market. 
 
(3) In case of unauthorized interference with the rights protected by this Act or jeopardizing these 
rights, the holder of registration certificate whose rights have been infringed or jeopardized is entitled 
to claim that the infringement or jeopardizing of the right has to be prohi bited and the consequences 
of infringement removed. The right to compensation is not affected. 
If the interference caused a non-pecuniary injury, the damaged party has a right to adequate 
satisfaction, which may be represen ted by pecuniary compensation. 
 
Article 10 
Disputes hearing 
 (1) Disputes on rights pursuant to this Act shall be heard and ruled by courts, unless this Act stipulates 
otherwise.  (2) The holder of registration certificate may requests the court to order that products, through which 
the infringement or jeopardizing of right, protected  by this Act, is directly performed to be 
a) withdrawn from the market, 
b) otherwise secured by a method preventing furt her infringement or jeopardizing of the right, 
c) destroyed in a suitable manner at the cost of the person infringing the right, unless a more 
appropriate solution is available; the court shall not order destruction if the products through which 
the infringement or jeopardizing of rights, protected by this Act, is directly performed are not property 
of the alleged person. 
 
(3) The court shall not grant the right to submit the da ta related to the origin of the product, in which 
the registered designation of origin is incorporated and the circumstances of its placing on market (Article 9(2)), if the seriousness of jeopardizing or  infringing the right is disproportionate to the 
seriousness of consequences following from the fulf illment of obligation imposed in this manner. 
 
Article 11 
 
(1) Holder of registration certificate is entitled to pr opose so that the court, while protecting the rights 
pursuant to this Act, imposes by means of preliminary injunction
2, the obligations identical in content 
with decision on the matter as such in case any delay may cause to the entitled party a damage, 
which can be repaired only with difficulties, or a non-pecuniary  injury.  
 
(2) Within a decision on the preliminary injunction th e court is also entitled to impose on the plaintiff 
an obligation to deposit a financial security in a reasonable amount, or to condition the effectiveness  
   
2 Articles 74 to 77 and Article 102 of the Code of Civil Procedure. IP/N/1/SVK/G/2 
Page 6  
 
 of the decision by fulfillment of the imposed oblig ation. When taking decision on the amount of the 
financial security, the court shall take into consider ation the scope of the p ecuniary or non-pecuniary 
injury, which can occur to the counterpart, as well as to  the financial situation of the plaintiff, where  
the imposition of the obligation to deposit the financ ial security shall not create a substantial obstacle 
for the effective enforcement of the right. 
 
(3) Defendant may propose so that the court to d ecide upon releasing the financial security to the 
counterpart as a compensation of pecuniary injury or  satisfaction of non-pecuniary injury in terms of 
money caused directly by the enforcement of the injunction decision without a reasonable title.  
(4) If within a six-month time limit from the finding of the injury pursuant to paragraph 3, the claim to 
compensation or satisfaction is not exercised before the court or if no agreement of the parties on the 
use of the financial security is reached, th e court shall return the financial security. 
 
PART THREE 
GEOGRAPHICAL INDICATIONS 
 
Article 12 
Geographical indication 
 
Provisions relating to designation of origin shall apply to rights and obligations resulting from the 
registration, disputes hearing and procedure before the Office accordingly. 
 
PART FOUR 
PROCEDURE BEFORE THE OFFICE 
 
Article 13 
 
(1) Unless otherwise stated by this Act, the proce dure before the Office pursuant to this Act shall be 
governed by general rules of administrative proceedings
3. 
 (2) Following provisions under general rules of administrative proceedings
3 shall not apply to the 
procedure before the Office: on suspension of pr oceedings, on declaration on oath, on terms for 
decision and measures again failure to act. 
 
Article 14 
Application for designation of origin 
 
(1) An application for designation of origin (hereina fter referred to as “application”) may be filed by 
the corporation or association of producers or pr ocessors regardless of legal form or composition 
(hereinafter referred to as “association”)4 for product produced, processed and prepared in the 
specified territory. An individual natural person or  a legal entity may apply for registration provided 
that at the time of filing of the application it is  the only person that produces, processes and prepares 
the product in the specified territory (h ereinafter referred to as “applicant”). 
 (2) Another natural person or legal entity which s ubmitted the application pursuant to subparagraph 1 
independently, if production, processing and prep aration of the product with defined quality or 
characteristics takes place in the defined specific place,  shall have the right to become a member of  
 
 
 3 Act No. 71/1967 Coll. on Administrative Proc eedings in wording of the Act No..215/2002 Coll. 
 4 e.g. Articles 20(f) to 20(j) of the Civil Code, Act No . 83/1990 Coll., on Association of Citizens, as amended, 
   Article 69 of the Act No. 455/1991 Coll ., on Small Businesses, as amended.  IP/N/1/SVK/G/2 
 Page 7 
 
 
 association who fulfils conditions of membership in association, which shall be neither discriminatory 
nor in conflict with legally binding rules of economic competition. The association shall be obliged to issue a certific ate of membership to its members upon the request.  
 
(3) An application shall contain: 
 a) request for entry of designation of origin in the Register, accompanied by express will of applicant 
to register a designation of origin,  
b) surname, name, domicile and nationality of the ap plicant, and name or trade name and seat if the 
applicant is a legal entity,  c) determination of the product, if the subject of application is the agricultural product or foodstuff, 
their specification approved by the Ministry of Agriculture of the Slovak Republic (hereinafter 
referred to as "Ministry"), 
 d) name and seat of business where the product in the specified territory is produced, processed and prepared ,  e) surname, name and seat of business of the represen tative of applicant, if it is not identical with 
domicile, or domicile or trade name or name and seat of representative of the applicant as well as 
warrant in case where the applicant is re presented or is obliged to be represented
5 (Article 37(2)), 
 f) signature of the applicant or applicant’s representative. 
 
4) File number is attached to the application, deli very date of application is marked and applicant 
receives an filing receipt 
 
Article 15 
 (1) Determination of the product shall contain: 
 a) name of the product, including the wording of designation of origin,  b) geographical definition of territory where th e production, processing a preparation performs, 
 
c) evidence that the product originat es in the defined geographical area, 
 d) description of quality or characteristics which ar e due to a particular geographical environment. 
 
(2) The applicant without a residence or seat in the Slovak Republic having protected designation of 
origin in the country of origin of product in comp liance with domestic legisl ation may substitute data 
according to subparagraph 1(c) with protection certifi cate for designation of origin issued in country 
of origin. 
 
  
 
 
 
 
 
5 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. 
 IP/N/1/SVK/G/2 
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 Article 16 
 
The specification of the agricultural product or foodstuff shall contain: 
 a) the name of the agricultural product or f oodstuffs including the designation of origin; 
 
b) description of the agricultural product or foods tuff including the raw materials, and principal 
physical, chemical, microbiological and organoleptic characteristics of the product or the foodstuff; 
 c) definition of the geographical area where th e production, processing a nd preparation of the 
agricultural product or foodstuffs, takes place; in case of foodstuffs or agricultural products within the 
meaning of Article 2 (2), the data upholding such products or foodstuffs, 
 d) an evidence that the agricultural product or the foodstuff originates in  the defined geographical 
area; 
 
e) description of the method of obtaining the agricult ural product or foodstuff and, if appropriate, the 
authentic and unvarying local methods;  f) details bearing out the link between the quality or  characteristics of agricultural product or foodstuff 
and the geographical environment, with in the meaning of Article 2(1)(a). 
 
Article 17 
Application procedure 
 
(1) The Office shall examine whether 
 
a) designation of origin stated in the application fulfils conditions for registration,  b) the application meets conditions pursuant to Articles 14 to 16,  c) the applicant is represented by an au thorized representative5 (Article 37(2)). 
 
(2) The Office shall invite the applicant to re medy the ascertained irregularities under subparagraph 
1(b)(c) within the prescribed time limit not shorter then two months. If the applicant does not remedy 
the irregularities, the Office shall suspend the appli cation procedure. The applicant has to be notified 
about this consequence in the invitation. 
 
(3) If the application fails to meet the conditions pur suant to Article 4 or does not meet the registration 
conditions, the Office shall refuse the application. Befo re the refusal of the application the Office shall 
enable the applicant to respond to  the ascertained reasons on the basis of which the application shall 
be refused. 
 
Article 18 
Registration of designation of origin 
 
(1) The Office shall enter a designation of origin into the Register if an application meets the 
conditions pursuant to this Act. The Office sha ll issue the certificate on the registration of the 
designation of origin into the Register to the ow ner and the registration sh all be published and the 
registration shall be announced in the Official Jour nal of the Industrial Property Office of the Slovak 
Republic (hereinafter referred to as "Journal").   IP/N/1/SVK/G/2 
 Page 9 
 
 
 (2) The Office shall send the copy of the certificate on the registration of the designation of origin for 
agricultural product or foodstuff into the Register, to the Ministry. 
 
Article 19 
Registration of amendments relating to the determination of product 
and specification of agricultu ral product or foodstuff. 
 
Applicant or holder of registration certificate ma y request the amendment of a determination of 
product or specification of agricultural product or foodstuff, in particular to take account of 
developments in scientific and tec hnical knowledge or to redefine the  geographical area.  
 
Article 20 
Inspection 
 (1) The competence over the performing an inspectio n of specification of agricultural product or 
foodstuff (Article 16) is assigned to the bodies and organizations accredited to perform certification of 
products and authorized by Ministry to conduct in spections of agricultural products or foodstuffs 
(hereinafter referred to as "inspection authority") to the scope of their competence.  
(2) The applicant or holder of registration certificate or plaintiff of designation of origin registration 
cancellation (hereinafter referred to as "plaintiff") is obliged to enclose an approval of Ministry with 
the request for amendment of specification of agricultural product or foodstuff, or with the proposal for cancel lation of registration of designation of origin for 
agricultural product or foodstuff, 
 
(3) Any person may request the inspection authority to issue the certification or other document important for exercise or defense of his right.  (4) Results of inspection or examination perfo rmed by a foreign inspection authority shall 
be taken into account in the proceedings before th e Office, based on the international convention or 
based on reciprocity. 
 
Article 21 
Cancellation of registration 
 (1) The Office shall cancel the registration of a designation of origin if it ascertains in the 
proceedings started at the request of a third party, inspection authority or ex-officio that 
 a) the designation of origin was registered contrary to the conditions for registration laid down by this 
Act,  
b) conditions stipulated for registration of designation of origin ceased to exist; 
 c) product for which the designation of origin is registered, missing the quality or characteristics of which are due to a particular geographical envir onment (Article 15(1)(d)) or according to inspection 
authority it does not fulfil requirements determined by specification for agricultural product or 
foodstuff and these requirements were not fulfilled ad ditionally within the period specified by the 
Office.  (2) In case, pursuant to paragraph 1(c), an registrati on of designation of origin  shall not be cancelled, 
if the product the quality or characteristics of whic h are due to a particular geographical environment 
(Article 15(1)(d)), or comply with conditions s tipulated by this Act, exists in the market. IP/N/1/SVK/G/2 
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Article 22 
 
(1) Where the registered designation of origin is cancelled pursuant to Article 21(1)(a), it shall be 
deemed not to have been registered. 
 
(2) Where the registered designation of origin is can celled pursuant to Article 21(1)(b) and (c) it shall 
be deemed cancel on the date of filing the proposal for cancellation.  (3) The Office shall enter the decision on the cancella tion in the register and publish in the Journal. 
The Office shall send the copy of the decision on the cancellation of the designation of origin for 
agricultural product or foodstuff into to the Ministry. 
 
Article 23 
 (1) If a proposal for cancellation of designation of or igin (hereinafter referred to as "proposal for 
cancellation") fails to contain the reasons for a can cellation of registration of designation of origin 
pursuant to Article 21(1) the Office shall request th e plaintiff to supplement the proposal or remedy 
the irregularities within the prescribed time limit.  If a plaintiff does not remedy the irregularities 
within the prescribed time limit, the Office shall suspend the proceeding on the proposal for 
cancellation. 
 
(2) The Office shall deliver the proposal for cance llation to the holder of the registration certificate 
and concurrently invites him to respond to th e proposal within the prescribed time limit. 
 (3) If the holder of the registration certificate fails to respond within the time limit prescribed in the 
notice, the Office shall decide on the basis of the file contents. 
 (4) If the owner is not represented by an authorized  representative and fails to comply with the notice 
for submitting the authorization within the prescribed  time limit, he shall be deemed not to have 
responded to the request for the invalidation.  
(5) If the character of the matter so requires, the Office shall order an oral proceeding. The Office 
shall set a date for oral proceeding and shall conc urrently deliver a statement of the holder of the 
registration certificate to the proposal for the cancellation to the plaintiff. 
 (6) The Office may continue in the proceeding and de cide in the matter also in the case that the duly 
summoned party fails to participate in the oral proceeding. 
 (7) Extending or supplementing the proposal for cance llation shall be inadmissible; such extending or 
supplementing shall not be taken in to consideration within the proceeding and decision-making by the 
Office. 
 
Article 24 
Further proceeding 
 
(1) On the basis of the request of the party to the proceedings on extension of the time limit prescribed 
by the Office for performing an action, submitted before  the expiry of this time limit, the Office is 
entitled to extend the time limit. 
 (2) If a party to the proceedings before the Office h as failed to comply with the time limit prescribed 
by the Office for performing an action, he is entitle d to ask the Office for further proceeding and at  IP/N/1/SVK/G/2 
 Page 11 
 
 
 the same time to perform the omitted action no late r than two months from the delivery of the official 
decision issued as a consequence of fa ilure to comply with the time limit. 
 (3) The Office shall refuse a request pursuant to paragr aphs 2 in the case of failure to comply with the 
time limits for submitting the request for restitutio in integrum (Article 25(1)). 
 
(4) The Office shall refuse a request pursuant to para graph 2 in the case of failure to comply with the 
time limit for response of the owner to the proposal for invalidation (Article 23(1)). 
 (5) The Office shall refuse the requ est for extension of time limits or for further proceeding which 
fails to comply with conditions pursuant to paragra phs 1 or 2 or to which a restriction pursuant to 
paragraphs 3 or 4 applies; before the refusal of  the request the Office shall enable the person who 
requests it to respond to the ascertained reasons on th e basis of which the request is to be refused. 
 (6) If the Office grants request for further proceedi ng, the legal effects of the decision issued as a 
consequence of failure to comply with the time limit shall be retracted or shall not ensue. 
 (7) If the Office fails to make a decision about refu sing the request pursuant to paragraphs 1 or 2 
within two months from its delivery, the re quest shall be deemed to be satisfied. 
 
Article 25 
Restitutio in integrum 
 
(1) If the party to the proceedings before the Office unintentionally fails to comply with the statutory 
time limit or the time limit prescribed by the Office for performing an action, where a consequence of non-performance of the action is a suspension of the proceedings or another 
right is lost, he is entitled to ask the Office for restitutio in integrum and at the same time to perform 
the omitted action within two months from the rem oval of the cause for which he could not perform 
the action, not later than within 12 months fro m the expiry of the non-complied time limit. 
 (2) The party to the proceedings shall be obliged to justify the request pursuant to paragraph 1 and 
state the facts, which prevented the performance of  the action. The statements submitted after the 
expiry of any of the time limits pursuant to paragr aph 1 shall not be taken into consideration by the 
Office when making a decision about the request.  (3) In the case of reasonable doubts about the veracity of the statement pursuant to 
paragraph 2, the Office may ask the applicant to  prove his statements in a different way. 
 
(4) The request for restitutio in integrum shall not be granted in the case of failure to comply with the 
time limits for: a) performing the actions pu rsuant to paragraph 1, 
b) performing the actions pursuant to Article 24(2) or (4), c) filing an appeal pursuant to Article 27(1), 
d) filing an oppositions pu rsuant to Article 34(2), 
 (5) The Office shall refuse the request for restitutio in integrum , which fails to meet the requirements 
pursuant to paragraphs 1 and 2, or to which the r estriction pursuant to paragraph 4 applies, or the 
applicant has not proven his statements pursuant to pa ragraph 3; before the refusal of the request the 
Office shall enable the applicant to respond to the ascertained reasons on the basis of which the 
request is to be refused.  (6) If the Office satisfies the request for restitutio in integrum, the legal effects of the decision issued 
as a consequence of failure to comply with the tim e limit shall be retracted or shall not ensue. IP/N/1/SVK/G/2 
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(7) The rights of the third parties acquired in the territory of the Slovak Republic in a good faith from the validity date of the decision issued as a conse quence of failure to comply the time limit of the 
legal effects of this decision pursuant  to paragraph 6, shall be retained. 
 
Article 26 
Grounds for the decision 
 
(1) The party to the proceedings shall be obliged  to submit or propose the evidence to support his 
statements. 
 
(2) The Office shall decide on the basis of the facts ascertained from th e performed evidences 
submitted or proposed by the parties of the proceedings. 
 
Article 27 
Remedies 
 
(1) An appeal against the decision of the Office may be lodged within one-month time limit from the 
delivery of the decision; an appeal filed in time has a dilatory effect.  (2) Filing an appeal shall not be admissible ag ainst the decision on which a request for further 
proceedings or request for restitutio in integrum has been satisfied, 
 
Article 28 
Data accessibility 
 (1) Before the entering an designation of origin into  the Register, the Office shall be entitled to notify 
third parties without the consent of the applicant onl y the name and surname of the applicant, wording 
of the designation of origin, numbe r of application and filing date. 
 (2) After entering of the designation of origin into the Register, the Office shall on the basis of the 
request enable anyone to inspect the file concerni ng the application and the registered designation of 
origin. 
 (3) The right for a file inspection shall include a right for making photocopies for the fee.  (4) Those parts of the file which contain trad e secret or other confidential information which 
publication is not necessary for a guarantee of the righ t for an information of third parties including 
the parties to the proceedings shall be excluded from the file inspection. 
 
Article 29 
Register and Official Journal 
 (1) Following data are recorded into Register 
 a) application number,  b) the date of filing of the application, 
 
c) the registration number of designation of origin,  d) the date of registration of designation of origin,   IP/N/1/SVK/G/2 
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 e) the name of designation of origin, 
 f) the name of the product for which the designation of origin refers to,  g) definition of the geographical area where the pr oduction, processing and pr eparation of the product 
takes place, 
 h) surname and name, and domicile if the applicant is a natural person, and name or trade name and 
seat if the applicant is a legal entity,  
and the date of the decision by which the Office granted protection, 
 i) surname, name and seat of business of the represen tative of applicant, if it is not identical with 
domicile, or domicile or trade name or name and seat of representative of the applicant, 
 
j) name and seat of business where the product bear ing the designation of origin in the specified 
territory is produced, processed and prepared,  k) a description of characteristics or quality of product which are due to a particular geographical environment, or characteristics of the agricultural product or foodstuff including the raw materials, 
and principal physical, chemical, microbiological a nd organoleptic characteristics of the product or 
the foodstuff, 
 l) cancellation of the registration of the designation of origin,  m) another decisive data, 
 
(2) After verification of submitted data, amendments that occurred after registration of designation of 
origin or, as appropriate, geographical indication, shall be entered in the register upon request. 
 (3) Data entered in the Register shall be consider ed valid unless a decision of the relevant authority 
determines otherwise 
 
(4) Modifications of data entered in the Register, ensuing from valid and enforceable decision of the 
relevant authority shall be entered in the Register  without delay by the Office after delivery of the 
decision with a validity clause.  
(5) Entry of data and fact ensuing from the law or fro m a decision of the relevant authority pursuant to 
paragraph 3 shall not be considered a decision issued  in the proceedings pursuant to provisions of the 
Administrative Procedure Code3.  (6) Anybody is authorized to  inspect in the Register. 
 
(7) Upon request, the Office shall issue an extract from Register to any person upon request. Extract 
from Register shall contain the data valid as of the day on which such extract from Register was issued.  (8) The Office shall publish the Official Journal,  in which it publishes and notifies the facts 
concerning the applications and registered designs. 
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 PART FIVE 
INTERNATIONAL PROTECTION 
 
Article 30 
International registration of designation of origin 
 
(1) Persons having their permanent address or seat in the Slovak Republic may apply for international 
registration of designation of origin according to  the international convention6 through the Office. 
 (2) The applicant for international registration of d esignation of origin shall be obliged to pay a fees 
for operations according to paragraph 1 sp ecified by the international convention
6. The amount of fees 
set down by the international convention6 shall be announced by the Office in the Journal. 
 
Article 31 
 (1) International registration of designation of origin  shall have the same effects as the registration of 
the designation of origin by the Office.  (2) If the protection relating to internationally regi stered designation of origin was refused for the 
territory of the Slovak Republic, it shall be deemed not to have been registered in 
the Slovak Republic.  
Article 32 
Protection of designation of origin and geographical indications according to the 
legislation of European Union 
 (1) Persons, pursuant to Article 14, having thei r permanent address or seat in the Slovak Republic 
may after approval of the specification of agricultura l product or foodstuff by the ministry apply with 
the Office for registration of designations of origin  or geographical indications for agricultural product 
or foodstuff according to Council Regulation (EEC)
7, which are produced, processed or prepared in 
the territory situated within the Slovak Republic.  
(2) If the application fails to meet the specified requirements
7 or specification for agricultural product 
or foodstuff approved by the ministry, the Offi ce shall invite the applicant to remedy these 
irregularities within the prescribed time limit.  (3) The Office shall cede the application to the Commission
8, including all documents supporting its 
findings, within two months from the day when the proper application was delivered to the Office. 
The Office shall inform the applicant about this fact.  (4) The Office shall inform the applicant about fo rmal findings of the Commission without delay. 
  
 
 
 
6 Lisabon Agreement for the Protection of Appellations of Origin and thei r International Registration of 31. 
October 1958, revised in Stockholm on 14 July 1967, publishe d under No. 67/1975 Coll. as amended by the decree No. 
79/1985 Coll. 
7 Council Regulation (EEC) No. 2081/92 of 14 July 1992, on the Pr otection of Geographical Indica tions and Designations of 
Origin for Agricultural Products and Foodstuffs 
8 Articles 211 to 219 of the Treaty establishing the European  Community. to production, processing or preparation of 
agricultural product or foodstuff, includi ng reasons for conclusion that the na me fulfils conditions for protection. 
  IP/N/1/SVK/G/2 
 Page 15 
 
 
 Article 33 
Amendments to specification 
 
Provisions of Article 32 shall apply accordingly to filing, ve rification and cession of request 
for amendments to specification for agricultural pr oduct or foodstuff according to Council Regulation 
EEC)7. 
 
Article34 
Objections 
 (1) Persons having their permanent address or seat in the territory of the Slovak Republic may file 
duly justified objections against the registration of designations of origin and geographical indications 
in the Register of protected designations of origin  and protected geographical indications kept by the 
Commission or, as appropriate, the objections agains t amendments to specification of agricultural 
product or foodstuff for designation of origin or ge ographical indication (hereinafter referred to as 
“objections”.). 
 (2) Objections shall be submitted not later than within five months from the day on which the 
Commission published identification data of applicant,  the name of agricultural product or foodstuff, 
main items of application and references  to national legal re gulations relating  
 
(3) Duly justified objections the Office shall cede to the Commission for further proceedings. 
 (4) The Office shall refuse to cede objections to the Commission, if they are not duly justified and if 
they are filed after the term stipulated in para graph 2; the person who s ubmitted objections must be 
informed about this fact.  
Article 35 
 
(1) If the Commission invites the parties concerne d to reach an agreement about objections, the 
Committee established by the ministry shall be comp etent to lead discussions on behalf of the Slovak 
Republic. Before conclusion of agreement, the Office shall be obliged to request the standpoint of a 
person who filed an application pursuant to Article  32 or of a person who submitted objections against 
registration of such indication pursuant to Article 34.  (2) The Office shall be entitled to request that a pe rson who filed an application pursuant to Article 
32, or a person who filed objections pursuant to Ar ticle 34, should provide at his own expense the 
deed or certificate from the relevant inspection author ity, that is important for denying or raising of 
objections against registration of designation of or igin or, as appropriate, geographical indication in 
the Register kept by the Commission.  (3) The Committee shall inform the Commission by means of the Office about the standpoint of the 
Slovak Republic as regards the results of discussions re lating to objections in respect of standpoint of 
a person who filed an application pursuant to Ar ticle 32 or of a pers on who submitted objections 
against registration of designation of origin or geographical indication pursuant to Article 34. 
 (4) The Office shall inform the applicant pursu ant to Article 32 and to  a person who submitted 
objections pursuant to Article 34, about the decision made by the Commission as regards the 
objections. 
 
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 Article 36 
 
(1) Registration of designation of origin or geogr aphical indication in the register of protected 
designations of origin and protected geographical i ndications kept by the Commission shall have the 
same effects in the Slovak Republic as registration of  designation of origin or geographical indication 
in the register kept by the Office. 
 (2) If the Commission enters or refuses to enter designa tion of origin or geographical indication in the 
register of protected designations of origin and protected geographical indications, the entry in the 
register kept by the Office shall lose its effect. 
 
(3) Inspection authorities, which c ontrol compliance with specificati on in case of agricultural products 
or foodstuffs whose designation or origin or, as appr opriate, geographical indication is entered in the 
register kept by the Office, shall be obliged to  perform activities according to Article 10 also in 
relation to agricultural products or foodstuffs originating from the territory of the Slovak Republic, 
whose designation of origin or, as appropriate, geogr aphical indication is entered in the register of 
protected designations of origin and protected ge ographical indications kept by the Commission. 
 
PART SIX 
COMMON, TRANSITIONAL AND REPEALING PROVISIONS 
 
Article 37 
Common provision 
 
(1) The parties with the residence or seat in the te rritory of the member state of an international 
convention
9 or in the territory of a Member State of the World Trade Organization10, have the same 
rights and obligations as national applicants or entitle d persons; if the state in which the parties have 
the residence or seat, is not a member state of an international convention or a member of the World Trade Organization, the rights and obligations sha ll be granted only under the condition of reciprocity. 
 (2) The parties without a residence or seat in the Slovak Republic shall have to be represented in the 
proceedings on designations of origin or geogra phical indications by an authorized representative
5. 
 
(3) Submission to the Office shall be made in the official language11only . 
 
Article 38 
Transitional provisions 
 
(1) Proceedings on applications of designations of origin, which has not been legally concluded before 
the date of the effectiveness of this Act, shall be concluded pursuant to this Act. Applicant is obliged, 
base on the official notice within set time limit,  to put its application into compliance with 
requirements of this Act in respect of application for designation of origin.  
 
 
9 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 published by Decree of the Minister of Foreign Affairs 
No 64/1975 Coll. 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 Act of the National Council of the Slovak Republic No 270/1995 Coll. on official language of the Slovak 
Republic as amended.  IP/N/1/SVK/G/2 
 Page 17 
 
 
 (2) Relationships from designations of origin for products entered into the Register before the date of 
entry into force of this Act sha ll apply pursuant to this Act. Rise of these relationships, as well as 
claims occurred before the date of entry into fo rce of this Act has entered into force shall be 
adjudicated pursuant to the regulations valid in the time of their rise.  
(3) Provisions of this law shall govern relations ar ising from designation of origin of products entered 
in the register before the date of entry into force of this Act provided that registered user or users 
fulfill registration requirements pursuant to this Act within two years time period as from the date of 
entry into force of this Act. The Office shall cancel this designation of origin after futile expiration of 
specified time limit.  
Article 39 
Repealing provision 
 
The following shall be repealed: 
 
1. Act no. 159/1973 Coll. on the protection of appellati ons of origin of products in wording of the Act 
of National Council of the Slovak Republic no.90/1993 Coll.  2. Decree of the Office of Inventions and Discoveri es no. 160/1973 Coll. concerning the procedures in 
respect of appellations of origin of products  
Title II 
 
The Act no. 634/1992 Coll. on consumer protection in  wording of the Act of National Council of the 
Slovak Republic No. 220/1996 Coll., Act No. 137/1998 Coll., Act No. 310/1999 Coll., Act no. 
128/2002 Coll., Act No . 414/2002 Coll. and Act No. 529/2002 Coll. is thus amended: 
 Article 8 is added with paragraph 6 that reads as follows:  “(6) Also the offer or sale of products that violates the rights conferred by designations of origin for products and geographical indications for products pursuant to special regulation
9e as well as storing 
such a products for the purposes of offer or sal e is consider as misleading of consumer”. 
 Footnote no. 9e reads as follows: “
9e) Act of the National Council of the Slova k Republic No. 152/1995 Coll. on Foodstuffs as 
amended”.  
Title III 
 
Act of National Council of the Slovak Republic No. 145/1995 Coll. on administrative fees in wording 
of Act of National Council of the Slovak Republic no. 123/1996 Coll., Act of National Council of the 
Slovak Republic No. 224/1996 Coll., Act of Nati onal Council of the Slovak Republic No. 70/1997 
Coll., Act No. 1/1998 Coll., Act No. 232/1999 Coll., Act no. 3/2000 Coll., Act No. 142/2000 Coll., 
Act No. 211/2000 Coll., Act No. 468/2000 Coll., Act No. 553/2001 Coll., Act No. 96/2002 Coll., Act No. 118/2002 Coll., Act No. 215/2002 Coll., Act No. 237/2002 Coll., Act No. 418/2002 Coll., Act No. 457/2002 Coll., Act No. 465/2002 Coll., Act No. 477/2002 Coll., Act No. 480/2002 Coll. and Act No. 245/2003 Coll. is thus  amended and added: 
 
The Items 233 – 235 in the Tariff of administrative fees read as follows: 
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 ”Item 233 
a) Filing an application for a designation of orig in for products or geographical designations of 
product…         2000 SKK  b) Filing a request for 
1. registration of a change of specification of agricultural product or foodstuff or a designation 
of product         500 SKK 
2. registration of another decisive data in the Register of designations of origin or 
geographical designations       200 SKK 
 
Item 234 Filing a request for cancellation of registration of a designation of origin for products or geographical 
designation of product        2000 SKK 
 
Item 235 
a) Filing a request for international registration of a designation of origin for products or geographical 
designation of product        1000 SKK” 
 
Title IV 
Entry into force 
 This Act shall enter into force on 1 December 2003,  except for provisions of Articles 32, 36, which 
shall take effect on the day of entry into force of the Convention on accession of the Slovak Republic 
to the European Union.  
Rudolf Schuster s. m. 
 
Pavol Hrušovský s. m. 
 
Mikuláš Dzurinda s. m. 
 
__________
 
 
 