1. Slovenian experience on UP related information
Ms Helena Zalaznik
Head of Patent and SPC Department
Slovenian Intellectual Property Office
Bucharest, 28th September 2016

2. Contents Slovenian Intellectual Property Office (SIPO)
Slovenia in Enhanced cooperation
Select Committee (SC)
Preparatory Committee (PrepCom)
Activities related to upcoming new patent system in Slovenia
Events
Study
Ratification process

3. SIPO Slovenian Intellectual Property Office (SIPO)
Kotnikova Ljubljana Tel: Fax:
body within the Ministry of Economic Development and Technology
46 employees (cca 70% with university degree)
responsible for the entire intellectual property

4. Main tasks
carry out tasks in the area of intellectual property regulated by
Industrial Property Act and
Copyright and Related Rights Act
receive applications for the acquisition of industrial property rights
carry out proceedings related to the grant of patents and supplementary protection certificates and registration of industrial designs, marks and geographical indications (only for handcraft product)
keep the registers of industrial property rights and other registers under Industrial Property Act
provide information services relating to industrial property rights

5. grant authorisations to associations of authors and related rights holders for collective management of rights and supervise functioning of collective management organisations
represent the Republic of Slovenia in foreign and international organisations in the field of intellectual property
perform other tasks such as promotional and awareness activities

6. Enhanced cooperation - SC
Slovenia is participating Member State in enhanced cooperation in the area of the creation of unitary patent protection (UPP) since its beginning (March 2011)
enhanced cooperation is regulated by two EU Regulations entered into force in January 2013:
Regulation (EU) No 1257/2012 regarding implementation of enhanced cooperation
Regulation (EU) No 1260/2012 regarding translation regime
currently 26 EU Member States including Slovenia participate in enhanced cooperation
the Regulation (EU) No 1257/2012 establishes among others Select Committee of Administrative Council EPO (main task – to establish legal and financial framework for UPP)

7. Enhanced cooperation - SC
Slovenian delegation actively participates in SC, where it represents the interests of Slovenia based on:
positions of the Intra-governmental working group for unitary patent system (which consists of participants of Ministry of foreign affairs, Ministry of justice, Ministry of finance (MF), Ministry for economic development and technology (MEDT) and SIPO)
position of the Government on key issues
Slovenian preferences are:
simple and timely procedures
transparency of the system
cost-effectiveness of the system

8. Enhanced cooperation - PrepCom
Slovenia has signed the Agreement on Unified patent Court (UPC) in February AUPC
participating states established PrepCom to carry out all necessary activities for the functioning of UPC
among others, Agreement on a unified patent court establishes a Patent mediation and arbitration centre (CMA)
CMA will have two seats one in Ljubljana and another one in Lisbon
Slovenian delegation actively participates in PrepCom and represents the interests of Slovenia based on:
positions of the Intra-governmental working group for unitary patent system
position of the Government on key issues

9. Activities related to upcoming new patent system - events
Seminar „The patent package and expected benefits for users“ in June 2014
Conference „The European patent with unitary effect: opportunity or issue?“ in May 2016
both were organized by SIPO in cooperation with EPO and with the support of Slovenian Chamber of Commerce
main purpose was to present upcoming changes to interested public (many participants) and at the same time to gain feed-back from them on this topic
number of distinguished domestic and foreign experts presented their views on UP/UPC followed by argumented, in-depth and lively discussion

10. Study - effects on Slovenian economy
SIPO commissioned a study on effects of new patent system on Slovenian economy with the emphasis on SMEs
study „Comprehensive analysis of the effects of the introduction of a European patent with unitary effect on the Slovenian economy“ was prepared by expert group of the Faculty of Economics, University of Ljubljana (Kovač, Spruk and Vandenberghe)

11. Main findings of the study
study presents an overall legal-economic, behaviouristic and econometric analysis
main advantages:
for the Slovenian economy introduction will have many positive effect, it is already mainly export-oriented and is already adjusting to the situation on foreign markets
main beneficiaries will be SMEs and large companies
lower transaction costs are welcome for export-oriented companies, which represent more than 85% of the total revenue of the Slovenian economy
the new system could stimulate innovation activity - push Slovenian economy to be even more technologically advanced, efficient, innovative and competitive on world market than it already is
it should increase legal certainty for patent owners and judicial predictability
it will eliminate local monopolies and abolish practice of rent seeking
an opportunity to enhance the importance and role of supportive environment (due to bigger number of valid patents in SI - obtain PI)

12. Main findings of the study
main disadvantages:
a larger number of patents in force will limit freedom to operate in Slovenia
negative effects could affect a certain part of individual private entrepreneurs and micro and small enterprises, which are not export-oriented and might have imitative activities (representing 6% of the total revenue of all companies in Slovenia)
many uncertainties regarding the efficiency and general functioning of new patent system, especially new unified court
possible misuse of opt-out alternative in the new court system
possible high costs in case of patent disputes in new court system
possible increase of number of patent disputes
possible negative effect on Slovenian patent agents, predominantly dealing with validations of European patents in Slovenia

13. Main findings of the study
Conclusion:
from the above mentioned the authors of the study i.a. conclude that the introduction of the European patent with unitary effect could in the long term accelerate innovation activity of the entire Slovenian economy and thereby economic growth and welfare, despite some identified disadvantages and vagueness
link for study in Slovenian language:

14. Conclusion
conclusions from presentations, study findings, lively panel discussions and a number of the questions and comments show that accession of Slovenia to the new patent system would bring more positive effect for the Slovenian economy in comparison to its possible negative effects
therefore the Intra-governmental working group concluded, that there are no reasonable grounds for delay of ratification of AUPC and it proposed its ratification
just recently, last week, Parliament adopted the Act on ratification of AUPC
Slovenia will soon join the group of MS who are looking forward to entry into force of the new system

15. Thank you for your attention!