Lanium brand

Lanium products and the entire brand of Lanium from the idea to the final product are the result of a long-term research in the field of natural materials and their daily use. Extraordinary materials of European origin give our products a special quality and a touch of elegance that we offer to large and small consumers.

On the basis of decision no. 31207-1472 / 2014-8, issued by the Intellectual Property Office of the Republic of Slovenia, Lanium products are registered as a brand of Lanium. The decision prohibits the copying, lancery and misuse of the name, logo, trade mark and products.

Enforcement of intellectual property rights (summary, source UIL R Slovenia)

An infringement of an intellectual property right is given when someone uses the subject of protection of an intellectual property right without the consent of the holder of this right, unless the law permits such use.

In these cases, these are permitted exceptions or limitations of the rights of the holder, and the proprietor can not successfully exercise his rights against that person. The competent authorities shall establish whether the acts of third parties, in the light of the circumstances of the individual case and the applicable law, constitute an infringement of the intellectual property right and, in the event of an infringement found, act in accordance with their respective competences.

The holder of an intellectual property right may choose between the application of civil, criminal and administrative measures.

1. Civil action

For disputes relating to intellectual property rights, the District Court of Ljubljana has exclusive jurisdiction. The holder may lodge with that court:

• an action for violation of rights and invokes one or more claims (eg a ban on violation, the removal of objects from a violation from economic flows, the destruction of objects of infringement, compensation for damages, the publication of a judgment, and a violation of copyright and related rights also constitutes a civil penalty);

• a proposal for an interim order.

The court decides on the basis of legislation governing individual intellectual property rights and other civil law (eg Code of Obligations, Civil Procedure Act, Enforcement and Insurance Act). An appeal to the Higher Court in Ljubljana may be allowed against the decision of the district court, and the decision of that court can only be challenged by extraordinary legal means (eg the review and the request for protection of legality at the Supreme Court of the Republic of Slovenia, the renewal of the procedure at the first instance court).

In the event of an act of unfair competition, the holder of the infringed right may also bring an action in accordance with the rules governing the protection of competition.

2. Penal measures

These measures fall under the jurisdiction of the police, the state prosecutor's office and the local district courts.

Infringements of intellectual property rights may also constitute a criminal offense. The Penal Code of the Republic of Slovenia (KZ-1) defines, inter alia, the following offenses:

• violation of moral rights (Article 147 of the CC-1)

• violation of material rights (Article 148 of the CC-1)

• violation of copyright related rights (Article 149 of the CC-1)

• unjustified use of a foreign designation or model (Article 233 of the CC-1)

• the unjustified use of a foreign invention or topography (Article 234 of the CC-1).

The first first offense is a financial penalty or a prison sentence of up to one year, while in other criminal offenses a prison sentence of up to eight years is punishable.

In addition to natural persons, legal persons are also criminally liable in the event of the offense of committing the said offenses (Law on Liability of Legal Persons for Offenses). The penalties imposed on legal persons are fines, asset seizures, termination of a legal person, etc.

Except in the case of a criminal offense, a copyright infringement where the perpetrator of the perpetrator is prosecuted on the proposal of the injured party, shall proceed in the course of the above-mentioned offenses ex officio. The right-holder may file an application for the commission of an offense to the police or the state prosecutor's office.

Links: Police - Public Prosecutor's Office of the Republic of Slovenia - Court of Justice

3. Administrative measures

Administrative measures are implemented by the Financial Administration of the Republic of Slovenia and the Market Inspectorate of the Republic of Slovenia.

a) Customs authorities' enforcement of intellectual property rights

Customs measures relating to infringements of intellectual property rights when entering allegedly counterfeit goods into the Republic of Slovenia or the amount thereof are determined by:

• Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 on the enforcement of intellectual property rights by the customs authorities

• Commission Implementing Regulation (EU) No. 1352/2013 of 4 December 2013 laying down the forms provided for in Regulation (EU) No 1352/2013. 608/2013

• Regulation (EU) No.952 / 2013 of the European Parliament and of the Council of 9 October 2013 on the Union Customs Code (EU Official Journal, 10.10.2013)

• Decree implementing the Regulation (EU) on the enforcement of intellectual property rights by the customs authorities (Official Gazette of the Republic of Slovenia, No. 29/16)

The procedure for implementing the measures shall be initiated at the request of the rightholder or of its own motion.

The right holder may file a request for customs action with the Financial Administration of the Republic of Slovenia (General Financial Bureau) in which he provides information on the goods and contact details of persons to be notified in the event of a suspicion that goods are infringing on intellectual property rights. This makes it easier for the customs authority to identify goods, on the other hand, such a requirement speeds up the procedure as both the rightful owner and the contact person are already known to him. The Finance Office shall inform the Finance Office of the decision issued.

In the event of a suspicion of an infringement, the goods shall be suspended temporarily, the customs authority informing both the right holder on the one hand and the declarant or importer or the owner of the goods on the other. If the persons involved do not agree on the destruction of the goods, the right holder of the right must prove in court that his rights have been violated.

Goods that are found to be infringing intellectual property rights are usually destroyed.

The initiation of an ex officio procedure shall be instituted by the customs authority if it finds that the goods are manifestly counterfeit or pirated. The goods are retained for three working days and if the holder submits a request for action within that time, the proceeding shall proceed as described above.

Links: Financial Administration of the Republic of Slovenia

b) Measures of the Market Inspectorate of the Republic of Slovenia

In the field of copyright and related rights, the Market Inspectorate of the Republic of Slovenia exercises, ex officio, supervision over the implementation of certain provisions of the law, with which certain violations are defined as offenses (the Copyright and Related Rights Act).

Market inspectors may, inter alia, enter premises, inspectors (objects, plants, devices, objects, books, contracts, documents, etc.) on the basis of the Inspection Inspection Act, the Market Inspection Act and the Minor Offenses Act, hear parties and witnesses, take samples of goods, reproduce documents,

check that legal software is installed on computers, seize pirated goods, etc. In the case of violations, two types of measures can be taken in particular:

• order the elimination of defects within a specified period (regulatory decision) and

• issue an offense decision, in which, inter alia, impose fines and possible side sanctions (confiscation of objects).

Against decisions of the market inspectorate, a request for judicial protection may be filed with the competent district court.

Links: Market Inspectorate of the Republic of Slovenia

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* Goods infringing an intellectual property right shall mean:

(a) "counterfeit goods", as follows:

(i) goods, together with packaging, bearing, without authorization, a trademark that is either identical to a trademark validly registered in respect of the same goods, or in its essential characteristics can not be distinguished from such a trade mark, thereby violating the rights of the proprietor Community trade marks established by Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, or under the law of the Member State in which the request for action was lodged by the customs authorities;

(ii) any trademark symbol (including the logo, label, label, brochure, instructions for use or guarantee document bearing such a symbol), even if it is placed separately, under the same conditions as the goods referred to in point (i);

(iii) packagings on which the trademarks of counterfeit goods are placed separately, under the same conditions as the goods referred to in point (i);

(b) "pirated goods", that is goods which are a copy or incorporated by copies made without the consent of either the copyright holder or the related right holder or the holder of the design right, whether registered under national law or by a person authorized the holder of the right in the country of manufacture, where the production of such copies constitutes an infringement of that right under Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs or under the law of the Member State where the request for customs action is lodged;

(c) goods which, in the Member State in which the application for customs clearance was lodged, infringe:

(i) a patent under the law of that Member State;

(ii) any trademark symbol (including the logo, label, label, brochure, instructions for use or guarantee document bearing such a symbol), even if it is placed separately, under the same conditions as the goods referred to in point (i);

(iii) packagings on which the trademarks of counterfeit goods are placed separately, under the same conditions as the goods referred to in point (i);

(b) "pirated goods", that is goods which are a copy or incorporated by copies made without the consent of either the copyright holder or the related right holder or the holder of the design right, whether registered under national law or by a person authorized the holder of the right in the country of manufacture, where the production of such copies constitutes an infringement of that right under Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs or under the law of the Member State where the request for customs action is lodged;

(c) goods which, in the Member State in which the application for customs clearance was lodged, infringe:

(i) a patent under the law of that Member State;

(ii) an additional protection certificate as defined by Council Regulation (EEC) No. No 1768/92 or Regulation (EC) No. 1610/96 of the European Parliament and of the Council;

(iii) a national plant variety right under the law of that Member State or the Community plant variety right as laid down in Council Regulation (EC) No. 2100/94;

(iv) designations of origin or geographical indications under the law of that Member State or under Council Regulations (EEC) 2081/92 and (EC) 1493/1999;

(v) geographical designations as defined in Council Regulation (EEC) No. 1576/89.