SIPO is responsible for the registration of industrial designs. The Industrial Property Act governs industrial designs and transposes Directive 98/71/EC on the legal protection of designs.
While the specific conditions of “novelty” and “originality” are not detailed in the provided findings, these are standard requirements derived from the transposed EU Directive, typically referring to the design being new and having individual character.
What can and cannot be protected as a design
Industrial design protection typically applies to the aesthetic appearance of products (e.g., functional products, handicraft items, electronics, furnishings, textiles, glass creations, jewelry, and three-dimensional designations).
Regarding exclusions, the findings do not provide a detailed list for industrial designs. However, designs contrary to public order or morality would likely be excluded, similar to patents.
The brief mentions exclusions such as solutions due to technical function, unstable forms, descriptive marks, numbers, colors, non-distinctive marks, and letters; these are common exclusions in design law, but they are not explicitly stated in the provided Slovenian legal excerpts for designs.
Design Rights
Registration of an industrial design confers exclusive rights to authorize or prohibit its use. This typically includes the right to prevent third parties from making, offering, placing on the market, importing, exporting, or using a product in which the design is incorporated or to which it is applied.
The right of authorship is also a fundamental principle in design protection, recognizing the creator of the design.
Relevant international agreements
Slovenia’s framework for industrial designs is influenced by international agreements such as the Paris Convention. The Industrial Property Act also transposes Directive 98/71/EC on the legal protection of designs.
While the Hague Agreement and the Locarno Agreement are relevant in the field of industrial designs, they are not explicitly mentioned in the provided findings.