4th 4th inter-regional symposium on enforcement of inter-regional symposium on enforcement of intellectual property rights,intellectual property rights, Belgrade, September Belgrade, September

6 and 7, 20116 and 7, 2011

SlovakSlovak TradeTrade InspectionInspection

Petra PíšováPetra Píšová

Slovak Trade InspectionSlovak Trade Inspection

Central inspectorate Central inspectorate Slovak Trade Inspection Slovak Trade Inspection P.O.BOX 29 P.O.BOX 29 Prievozská 32 Prievozská 32

827 99 Bratislava 2827 99 Bratislava 277 Phone: + 421 258 272 103 Phone: + 421 258 272 103

+ 421 258 272 140 + 421 258 272 140

Fax: +421 253 414 996Fax: +421 253 414 996 E-mail: ui@soi.skE-mail: ui@soi.sk

Structure of organization:Structure of organization: Central Inspectorate based in Central Inspectorate based in

BratislavaBratislava 8 subordinated regional inspectorates8 subordinated regional inspectorates

Numbers of staff members:Numbers of staff members:

YearYear Number of employees of STINumber of employees of STI

Average registeredAverage registered

PlannedPlanned CalculatedCalculated Natural personsNatural persons 31.12.31.12.

20072007 328/262*328/262* 295,04295,04 295295 262262

20082008 262/322**262/322** 266,09266,09 269269 319319

20092009 262/322***262/322*** 316,64316,64 318318 316316

20102010 262262 255,98255,98 256256 251251

Slovak Trade Inspection (STI)Slovak Trade Inspection (STI)

market surveillance authority market surveillance authority independent in its inspection and decision-making activitiesindependent in its inspection and decision-making activities state administration bodystate administration body a non-profit organizationa non-profit organization fully funded from the state budgetfully funded from the state budget. .

Slovak Trade Inspection (STI)Slovak Trade Inspection (STI)

STI is headed by the General Director appointed and dismissed by the STI is headed by the General Director appointed and dismissed by the Minister of EconomyMinister of Economy

regional inspectorates are run by directors appointed and dismissed by the regional inspectorates are run by directors appointed and dismissed by the General DirectorGeneral Director

regional inspectorates are first-instance authorities in administrative regional inspectorates are first-instance authorities in administrative proceedings. proceedings.

Slovak Trade InspectionSlovak Trade Inspection (STI) (STI)

checks natural persons and legal entities that sell or supply products or checks natural persons and legal entities that sell or supply products or provide services to consumers (inspected person)provide services to consumers (inspected person)

uncovers shortcomingsuncovers shortcomings demands the all shortcomings be eliminated, imposes protective measures demands the all shortcomings be eliminated, imposes protective measures

for their elimination for their elimination checks if the measures are being fulfilledchecks if the measures are being fulfilled provides for tests to verify the safety and quality of productsprovides for tests to verify the safety and quality of products informs the public of any risks to their health or lifeinforms the public of any risks to their health or life responds to information provided by other public administration bodies responds to information provided by other public administration bodies

and deals with complaints of consumersand deals with complaints of consumers imposes fines.imposes fines.

The STI is entitled to:The STI is entitled to:

make binding proposals for elimination of ascertained shortcomingsmake binding proposals for elimination of ascertained shortcomings require necessary information and documentation of inspected personsrequire necessary information and documentation of inspected persons require that products be labeled by a suitable warning of any risks resulting require that products be labeled by a suitable warning of any risks resulting

from their usagefrom their usage ban the supply and sales of products or provision of servicesban the supply and sales of products or provision of services order withdrawals and recalls of products, publication of the hazard order withdrawals and recalls of products, publication of the hazard

warningwarning..

Slovak Trade Inspection cooperates withSlovak Trade Inspection cooperates with ::

state veterinary and foodstuffs administration bodies (if it reveals a breach state veterinary and foodstuffs administration bodies (if it reveals a breach of duties related to sales of foodstuffs, i.e. it they are harmful to health or of duties related to sales of foodstuffs, i.e. it they are harmful to health or evidently of poor-quality, the STI can ban the sales of foodstuffs and evidently of poor-quality, the STI can ban the sales of foodstuffs and inform the state veterinary and foodstuffs administration bodies about it inform the state veterinary and foodstuffs administration bodies about it without delay)without delay)

health protection bodies, to which it notifies serious infringements of health protection bodies, to which it notifies serious infringements of regulations it a productregulations it a product poses a danger to health or lifeposes a danger to health or life

customs authorities if goods infringe intellectual property rightscustoms authorities if goods infringe intellectual property rights territorial self-administration bodies and managers of market placesterritorial self-administration bodies and managers of market places Ministry of FinanceMinistry of Finance of the Slovak Republicof the Slovak Republic Ministry of Culture of the Slovak RepublicMinistry of Culture of the Slovak Republic associations for consumer protection. associations for consumer protection.

On-Site MeasuresOn-Site Measures

On the basis off results of an inspection on the site where products are sold On the basis off results of an inspection on the site where products are sold or services provided, the inspector can:or services provided, the inspector can:

ban the supply, sales or use of the products or the provision of services ban the supply, sales or use of the products or the provision of services which do not comply with appropriate regulations; dose the business for which do not comply with appropriate regulations; dose the business for two working days; ban the use of uncertified measurement instruments or two working days; ban the use of uncertified measurement instruments or measurement instruments that do not comply with appropriate regulations measurement instruments that do not comply with appropriate regulations until shortcomings are eliminateduntil shortcomings are eliminated

require the destruction of products it if is clear that they are not safe (in require the destruction of products it if is clear that they are not safe (in case of foodstuffs, the inspector is obliged to notify them without delay to case of foodstuffs, the inspector is obliged to notify them without delay to the State Veterinary and Foodstuff Administration Body or the Public the State Veterinary and Foodstuff Administration Body or the Public Health Office)Health Office)

ban the sales of products that infringe intellectual property rights (If there ban the sales of products that infringe intellectual property rights (If there is a reasonable doubt that the inspected person will continue selling them, is a reasonable doubt that the inspected person will continue selling them, the inspector is entitled to seize the goods and store them out of reach of the inspector is entitled to seize the goods and store them out of reach of the inspected person at their expense).the inspected person at their expense).

Legislation:Legislation: PatentsPatents Act No 435/2001 Coll. On patents, supplementary protection certificates and on Act No 435/2001 Coll. On patents, supplementary protection certificates and on

amendment of other acts (the Patent Act) as amendedamendment of other acts (the Patent Act) as amended Decree No. 223/2002 Coll. implementing the Act No. 435/2001 Coll. on patents, Decree No. 223/2002 Coll. implementing the Act No. 435/2001 Coll. on patents,

supplementary protection certificates and on amendment of other acts (The Patent supplementary protection certificates and on amendment of other acts (The Patent Act) as amendedAct) as amended

Trademarks Trademarks Act No 506/2009 Coll. on Trade marksAct No 506/2009 Coll. on Trade marks

DesignsDesigns Act No 444/2002 Coll. on Designs as amendedAct No 444/2002 Coll. on Designs as amended Decree No. 629/2002 Coll. implementing the Act No. 444/2002 Coll. on Designs Decree No. 629/2002 Coll. implementing the Act No. 444/2002 Coll. on Designs Act No. 200/2004 Coll. on measures against violation of intellectual property rights Act No. 200/2004 Coll. on measures against violation of intellectual property rights

in cases of import, export and re-export of goodsin cases of import, export and re-export of goods

LegislationLegislation

Utility ModelsUtility Models Act No 517/2007 Coll. On Utility Models and on Amendment of Some Acts Act No 517/2007 Coll. On Utility Models and on Amendment of Some Acts

Designations of origin/Geographical IndicationsDesignations of origin/Geographical Indications Act No 469/2003 Coll. On designations of origin for products and geographical Act No 469/2003 Coll. On designations of origin for products and geographical

indications for product and on amendment of some actsindications for product and on amendment of some acts

Topographies of semiconductor productsTopographies of semiconductor products Act No 146/2000 Coll. On Protection of Topographies of Semiconductor ProductsAct No 146/2000 Coll. On Protection of Topographies of Semiconductor Products

Other industrial property related legislationOther industrial property related legislation Law No. 185/1994 Coll. on Measures in the Field of DiscoveriesLaw No. 185/1994 Coll. on Measures in the Field of Discoveries Law No 527/1990 Coll. Law No 527/1990 Coll. oon Inventions, Industrial designs and rationalizations n Inventions, Industrial designs and rationalizations

ProposalsProposals Law No. 90/1993 Coll. on Measures Concerning Industrial Property Law No. 90/1993 Coll. on Measures Concerning Industrial Property Decree No 350/1991 Coll. On Remuneration of Patent AgentsDecree No 350/1991 Coll. On Remuneration of Patent Agents Act No 344/2004 Coll. On Patent RepresentativesAct No 344/2004 Coll. On Patent Representatives

Related legislationRelated legislation

Act No 128/2002 Coll.Act No 128/2002 Coll. on State Control of Internal Market in the Consumer on State Control of Internal Market in the Consumer Protection IssuesProtection Issues

Act No 250/2007 Coll. (Consumer Protection Act) - Art. 5 paragraph 1Act No 250/2007 Coll. (Consumer Protection Act) - Art. 5 paragraph 1 Act No 71/1967 Coll. On Administrative Procedures as amendedAct No 71/1967 Coll. On Administrative Procedures as amended Act No. 140/1961 Coll. Penal Code as amended (art. 149-152)Act No. 140/1961 Coll. Penal Code as amended (art. 149-152) Act No. 99/1963 Coll. on Civil Court Proceedings Code as amended (art.9-10(a), Act No. 99/1963 Coll. on Civil Court Proceedings Code as amended (art.9-10(a),

244-250(k), Annex A)244-250(k), Annex A) Act No. 347/1990 Coll. on Organization of Ministries and Other Central State Act No. 347/1990 Coll. on Organization of Ministries and Other Central State

Administration Bodies of the Slovak Republic in a wording of subsequent Administration Bodies of the Slovak Republic in a wording of subsequent regulationsregulations

Act No. 513/1991 Coll. Commercial Code as amended (art.1-5, 8-12, 41-55, 261- Act No. 513/1991 Coll. Commercial Code as amended (art.1-5, 8-12, 41-55, 261- 265, 433-435, 476-479, 508-515, 556-559)265, 433-435, 476-479, 508-515, 556-559)

Act No 618/2003 Coll. Act No 618/2003 Coll. oon copyright and rights related to copyright (Copyright Act)n copyright and rights related to copyright (Copyright Act) Act No 300/2005 Coll. – Criminal Code – Criminal acts against industrial property Act No 300/2005 Coll. – Criminal Code – Criminal acts against industrial property

rights and copyrightrights and copyright

Information on counterfeiting and piracy over the Information on counterfeiting and piracy over the internetinternet

According to legislation of Slovak republic (Copyright Act, 618/2003 According to legislation of Slovak republic (Copyright Act, 618/2003 Coll., and Art. 283 Act No 300/2005 Coll. – Criminal Code ) infringement Coll., and Art. 283 Act No 300/2005 Coll. – Criminal Code ) infringement of copyright is considered as a criminal offense with serious consequences. of copyright is considered as a criminal offense with serious consequences. There is a possibility of imprisonment up to five years, impose a fine or There is a possibility of imprisonment up to five years, impose a fine or forfeiture of property forfeiture of property

the court can determine the court can determine inin the civil proceeding the civil proceeding that the law breaker that the law breaker has has to to recompense the damages caused by illegal usrecompense the damages caused by illegal usee or distribution of the or distribution of the production. production.

Inter-ministerial commission to coordinate cooperation Inter-ministerial commission to coordinate cooperation

in the fight against counterfeiting and piracyin the fight against counterfeiting and piracy the coordinator of thethe coordinator of the above-mentioned Commissionabove-mentioned Commission is the Industrialis the Industrial

Property Office, who is also the national Property Office, who is also the national contactcontact point for the European point for the European Centre for the coordination of institutional cooperation and the Centre for the coordination of institutional cooperation and the implementation of measures adopted by the European Centreimplementation of measures adopted by the European Centre

Commission Commission is composedis composed of representatives of representatives from thefrom the Ministry of Finance, Ministry of Finance, Ministry of Economy, Ministry of Culture, Ministry of Agriculture and Ministry of Economy, Ministry of Culture, Ministry of Agriculture and Rural Development, Ministry of Justice, Ministry of Interior, Ministry of Rural Development, Ministry of Justice, Ministry of Interior, Ministry of Health, Ministry of Foreign Affairs, General Prosecutor, the Slovak Trade Health, Ministry of Foreign Affairs, General Prosecutor, the Slovak Trade Inspection and the Industrial Property Office .Inspection and the Industrial Property Office .

Year 2008:Year 2008:

Regarding to Regarding to IPIP cases the inspectors of cases the inspectors of STI STI carried out 17 inspections and carried out 17 inspections and they found out that:they found out that:

Using of marks identical or confusingly similar to a trademark registered Using of marks identical or confusingly similar to a trademark registered by an authorized person (textile products as Ed Hardy, NIKE, L4COSTE, by an authorized person (textile products as Ed Hardy, NIKE, L4COSTE, PUMA, ADIDAS; strings for mobile phones brands: NOKIA, ADIDAS, PUMA, ADIDAS; strings for mobile phones brands: NOKIA, ADIDAS, NIKE, sport shoes, travel bags brands PUMA, ADIDAS, REEBOK, NIKE, NIKE, sport shoes, travel bags brands PUMA, ADIDAS, REEBOK, NIKE, soft drink Kofola)soft drink Kofola)

The inspections were carried out in the co-operation with the expert in the The inspections were carried out in the co-operation with the expert in the special field, customs authorities and Police.special field, customs authorities and Police.

Years 2009 and 2010:Years 2009 and 2010:

Year 2009:Year 2009: Regarding to Regarding to IIP cases the inspectors of STIP cases the inspectors of STI carried out 36 inspections and carried out 36 inspections and

they found out that: Using of marks identical or confusingly similar to a they found out that: Using of marks identical or confusingly similar to a trademark registered by an authorized person (soft drinks Kofola and trademark registered by an authorized person (soft drinks Kofola and Vinea).Vinea).

Year 2010:Year 2010: Regarding to Regarding to 1616 cases the inspectors of STI cases the inspectors of STI carried out 16 inspections and carried out 16 inspections and

they found out that: Using othey found out that: Using off marks identical or confusingly similar to a marks identical or confusingly similar to a trademark registered by an authorized person (e.g. soft drink Kofola, Rum, trademark registered by an authorized person (e.g. soft drink Kofola, Rum, textile products Ed Hardy, Christian Audigier, Lacoste). The inspections textile products Ed Hardy, Christian Audigier, Lacoste). The inspections were carried out in the co-operation with the expert in the special field, were carried out in the co-operation with the expert in the special field, customs authorities and Police.customs authorities and Police.

January – June 2011:January – June 2011:

Regarding to IP cases the inspectors ofRegarding to IP cases the inspectors of STI STI carried out 6 inspections and carried out 6 inspections and they found out that: Using of marks identical or confusingly similar to a they found out that: Using of marks identical or confusingly similar to a trademark registered by an authorized person (e.g. soft drinks Kofola and trademark registered by an authorized person (e.g. soft drinks Kofola and Vinea, NIKE products). The inspections were carried out in the co-Vinea, NIKE products). The inspections were carried out in the co-operation with the expert in the special field, customs authorities and operation with the expert in the special field, customs authorities and Police.Police.

On-line dOn-line database atabase regarding to IP court casesregarding to IP court cases

The web-site of Ministry of Culture: The web-site of Ministry of Culture:

http://www.dusevnevlastnictvo.gov.sk/Forms/Find.aspx?menu=53http://www.dusevnevlastnictvo.gov.sk/Forms/Find.aspx?menu=53

Contact: Contact:

Petra Píšová Petra Píšová

Slovak Trade Inspection – Central Inspectorate Slovak Trade Inspection – Central Inspectorate

Prievozská 32Prievozská 32

P.O. Box 29P.O. Box 29

827 99 Bratislava 27827 99 Bratislava 27

Slovak republicSlovak republic

  

Tel.: + 421 2 5827 2123Tel.: + 421 2 5827 2123

E-mail: petra.pisova@soi.sk E-mail: petra.pisova@soi.sk

Web: Web: www.soi.skwww.soi.sk

Thank you for attentionThank you for attention..