4th inter-regional symposium on enforcement of intellectual property rights, Belgrade, September 6 and 7, 2011 Slovak Trade Inspection Petra Píšová

Slovak Trade Inspection Slovak Trade Inspection Central inspectorate Slovak Trade Inspection P.O.BOX 29 Prievozská Bratislava 27 Central inspectorate Slovak Trade Inspection P.O.BOX 29 Prievozská Bratislava 27 Phone: Phone: Fax: Fax: Structure of organization: Central Inspectorate based in Bratislava Central Inspectorate based in Bratislava 8 subordinated regional inspectorates 8 subordinated regional inspectorates

Numbers of staff members: Year Number of employees of STI Number of employees of STI Average registered Average registered PlannedCalculated Natural persons /262*295, /322**266, /322***316, ,

Slovak Trade Inspection (STI) market surveillance authority market surveillance authority independent in its inspection and decision-making activities independent in its inspection and decision-making activities state administration body state administration body a non-profit organization a non-profit organization fully funded from the state budget. fully funded from the state budget.

Slovak Trade Inspection (STI) STI is headed by the General Director appointed and dismissed by the Minister of Economy STI is headed by the General Director appointed and dismissed by the Minister of Economy regional inspectorates are run by directors appointed and dismissed by the General Director regional inspectorates are run by directors appointed and dismissed by the General Director regional inspectorates are first-instance authorities in administrative proceedings. regional inspectorates are first-instance authorities in administrative proceedings.

Slovak Trade Inspection (STI) checks natural persons and legal entities that sell or supply products or provide services to consumers (inspected person) checks natural persons and legal entities that sell or supply products or provide services to consumers (inspected person) uncovers shortcomings uncovers shortcomings demands the all shortcomings be eliminated, imposes protective measures for their elimination demands the all shortcomings be eliminated, imposes protective measures for their elimination checks if the measures are being fulfilled checks if the measures are being fulfilled provides for tests to verify the safety and quality of products provides for tests to verify the safety and quality of products informs the public of any risks to their health or life informs the public of any risks to their health or life responds to information provided by other public administration bodies and deals with complaints of consumers responds to information provided by other public administration bodies and deals with complaints of consumers imposes fines. imposes fines.

The STI is entitled to: make binding proposals for elimination of ascertained shortcomings make binding proposals for elimination of ascertained shortcomings require necessary information and documentation of inspected persons require necessary information and documentation of inspected persons require that products be labeled by a suitable warning of any risks resulting from their usage require that products be labeled by a suitable warning of any risks resulting from their usage ban the supply and sales of products or provision of services ban the supply and sales of products or provision of services order withdrawals and recalls of products, publication of the hazard warning. order withdrawals and recalls of products, publication of the hazard warning.

Slovak Trade Inspection cooperates with : 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 evidently of poor-quality, the STI can ban the sales of foodstuffs and inform the state veterinary and foodstuffs administration bodies about it without delay) 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 evidently of poor-quality, the STI can ban the sales of foodstuffs and inform the state veterinary and foodstuffs administration bodies about it without delay) health protection bodies, to which it notifies serious infringements of regulations it a product poses a danger to health or life health protection bodies, to which it notifies serious infringements of regulations it a product poses a danger to health or life customs authorities if goods infringe intellectual property rights customs authorities if goods infringe intellectual property rights territorial self-administration bodies and managers of market places territorial self-administration bodies and managers of market places Ministry of Finance of the Slovak Republic Ministry of Finance of the Slovak Republic Ministry of Culture of the Slovak Republic Ministry of Culture of the Slovak Republic associations for consumer protection. associations for consumer protection.

On-Site Measures On the basis off results of an inspection on the site where products are sold or services provided, the inspector can: On the basis off results of an inspection on the site where products are sold or services provided, the inspector can: 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 two working days; ban the use of uncertified measurement instruments or measurement instruments that do not comply with appropriate regulations until shortcomings are eliminated 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 two working days; ban the use of uncertified measurement instruments or measurement instruments that do not comply with appropriate regulations until shortcomings are eliminated 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 the State Veterinary and Foodstuff Administration Body or the Public Health Office) 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 the State Veterinary and Foodstuff Administration Body or the Public Health Office) ban the sales of products that infringe intellectual property rights (If there 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 inspected person at their expense). ban the sales of products that infringe intellectual property rights (If there 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 inspected person at their expense).

Legislation: Patents Act No 435/2001 Coll. On patents, supplementary protection certificates and on amendment of other acts (the Patent Act) as amended Act No 435/2001 Coll. On patents, supplementary protection certificates and on amendment of other acts (the Patent Act) as amended 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 Act) as amended 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 Act) as amendedTrademarks Act No 506/2009 Coll. on Trade marks Act No 506/2009 Coll. on Trade marksDesigns Act No 444/2002 Coll. on Designs as amended Act 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 in cases of import, export and re-export of goods Act No. 200/2004 Coll. on measures against violation of intellectual property rights in cases of import, export and re-export of goods

Legislation Utility 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 Indications Act No 469/2003 Coll. On designations of origin for products and geographical indications for product and on amendment of some acts Act No 469/2003 Coll. On designations of origin for products and geographical indications for product and on amendment of some acts Topographies of semiconductor products Act No 146/2000 Coll. On Protection of Topographies of Semiconductor Products Act No 146/2000 Coll. On Protection of Topographies of Semiconductor Products Other industrial property related legislation Law No. 185/1994 Coll. on Measures in the Field of Discoveries Law No. 185/1994 Coll. on Measures in the Field of Discoveries Law No 527/1990 Coll. on Inventions, Industrial designs and rationalizations Proposals Law No 527/1990 Coll. on Inventions, Industrial designs and rationalizations Proposals 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 Agents Decree No 350/1991 Coll. On Remuneration of Patent Agents Act No 344/2004 Coll. On Patent Representatives Act No 344/2004 Coll. On Patent Representatives

Related legislation Act No 128/2002 Coll. on State Control of Internal Market in the Consumer Protection Issues Act No 128/2002 Coll. on State Control of Internal Market in the Consumer Protection Issues Act No 250/2007 Coll. (Consumer Protection Act) - Art. 5 paragraph 1 Act No 250/2007 Coll. (Consumer Protection Act) - Art. 5 paragraph 1 Act No 71/1967 Coll. On Administrative Procedures as amended Act No 71/1967 Coll. On Administrative Procedures as amended Act No. 140/1961 Coll. Penal Code as amended (art ) Act No. 140/1961 Coll. Penal Code as amended (art ) Act No. 99/1963 Coll. on Civil Court Proceedings Code as amended (art.9-10(a), (k), Annex A) Act No. 99/1963 Coll. on Civil Court Proceedings Code as amended (art.9-10(a), (k), Annex A) Act No. 347/1990 Coll. on Organization of Ministries and Other Central State Administration Bodies of the Slovak Republic in a wording of subsequent regulations Act No. 347/1990 Coll. on Organization of Ministries and Other Central State Administration Bodies of the Slovak Republic in a wording of subsequent regulations Act No. 513/1991 Coll. Commercial Code as amended (art.1-5, 8-12, 41-55, , , , , ) Act No. 513/1991 Coll. Commercial Code as amended (art.1-5, 8-12, 41-55, , , , , ) Act No 618/2003 Coll. on copyright and rights related to copyright (Copyright Act) Act No 618/2003 Coll. on copyright and rights related to copyright (Copyright Act) Act No 300/2005 Coll. – Criminal Code – Criminal acts against industrial property rights and copyright Act No 300/2005 Coll. – Criminal Code – Criminal acts against industrial property rights and copyright

Information on counterfeiting and piracy over the internet According to legislation of Slovak republic (Copyright Act, 618/2003 Coll., and Art. 283 Act No 300/2005 Coll. – Criminal Code ) infringement 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 forfeiture of property According to legislation of Slovak republic (Copyright Act, 618/2003 Coll., and Art. 283 Act No 300/2005 Coll. – Criminal Code ) infringement 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 forfeiture of property the court can determine in the civil proceeding that the law breaker has to recompense the damages caused by illegal use or distribution of the production. the court can determine in the civil proceeding that the law breaker has to recompense the damages caused by illegal use or distribution of the production.

Inter-ministerial commission to coordinate cooperation in the fight against counterfeiting and piracy the coordinator of the above-mentioned Commission is the Industrial Property Office, who is also the national contact point for the European Centre for the coordination of institutional cooperation and the implementation of measures adopted by the European Centre the coordinator of the above-mentioned Commission is the Industrial Property Office, who is also the national contact point for the European Centre for the coordination of institutional cooperation and the implementation of measures adopted by the European Centre Commission is composed of representatives from the Ministry of Finance, Ministry of Economy, Ministry of Culture, Ministry of Agriculture and Rural Development, Ministry of Justice, Ministry of Interior, Ministry of Health, Ministry of Foreign Affairs, General Prosecutor, the Slovak Trade Inspection and the Industrial Property Office. Commission is composed of representatives from the Ministry of Finance, Ministry of Economy, Ministry of Culture, Ministry of Agriculture and Rural Development, Ministry of Justice, Ministry of Interior, Ministry of Health, Ministry of Foreign Affairs, General Prosecutor, the Slovak Trade Inspection and the Industrial Property Office.

Year 2008: Regarding to IP cases the inspectors of STI carried out 17 inspections and they found out that: Regarding to IP cases the inspectors of STI carried out 17 inspections and they found out that: Using of marks identical or confusingly similar to a trademark registered by an authorized person (textile products as Ed Hardy, NIKE, L4COSTE, PUMA, ADIDAS; strings for mobile phones brands: NOKIA, ADIDAS, NIKE, sport shoes, travel bags brands PUMA, ADIDAS, REEBOK, NIKE, soft drink Kofola) Using of marks identical or confusingly similar to a trademark registered by an authorized person (textile products as Ed Hardy, NIKE, L4COSTE, PUMA, ADIDAS; strings for mobile phones brands: NOKIA, ADIDAS, NIKE, sport shoes, travel bags brands PUMA, ADIDAS, REEBOK, NIKE, soft drink Kofola) The inspections were carried out in the co-operation with the expert in the special field, customs authorities and Police. The inspections were carried out in the co-operation with the expert in the special field, customs authorities and Police.

Years 2009 and 2010: Year 2009: Regarding to IP cases the inspectors of STI carried out 36 inspections and they found out that: Using of marks identical or confusingly similar to a trademark registered by an authorized person (soft drinks Kofola and Vinea). Regarding to IP cases the inspectors of STI carried out 36 inspections and they found out that: Using of marks identical or confusingly similar to a trademark registered by an authorized person (soft drinks Kofola and Vinea). Year 2010: Regarding to 16 cases the inspectors of STI carried out 16 inspections and they found out that: Using of marks identical or confusingly similar to a trademark registered by an authorized person (e.g. soft drink Kofola, Rum, textile products Ed Hardy, Christian Audigier, Lacoste). The inspections were carried out in the co-operation with the expert in the special field, customs authorities and Police. Regarding to 16 cases the inspectors of STI carried out 16 inspections and they found out that: Using of marks identical or confusingly similar to a trademark registered by an authorized person (e.g. soft drink Kofola, Rum, textile products Ed Hardy, Christian Audigier, Lacoste). The inspections were carried out in the co-operation with the expert in the special field, customs authorities and Police.

January – June 2011: Regarding to IP cases the inspectors of STI carried out 6 inspections and 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 Vinea, NIKE products). The inspections were carried out in the co- operation with the expert in the special field, customs authorities and Police. Regarding to IP cases the inspectors of STI carried out 6 inspections and 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 Vinea, NIKE products). The inspections were carried out in the co- operation with the expert in the special field, customs authorities and Police.

On-line database regarding to IP court cases The web-site of Ministry of Culture:

Contact: Petra Píšová Slovak Trade Inspection – Central Inspectorate Prievozská 32 P.O. Box Bratislava 27 Slovak republic Tel.: Web:

Thank you for attention. Thank you for attention.