IP/N/1/SVK/1/Rev.1

Slovak Republic

Act No. 392/1992 LC - Penal Code on the wording of the Act. No. 177/1993 LC and Act No. 248/1994 LC

§150 Violation of trademarks rights, business name rights and appellation of origin rights According to this paragraph of the Penal Code, the person who introduced in circulation such goods or who provides such services which are designated by a marking identical to a trademark, where the exclusive owner of the rights is another person, or which are designated by a marking which is easily interchangeable with the trademark, shall be punished by imprisonment of up to one year or by a fine or by sequestration of the thing. The same punishment applies to the person, who: (a) uses a business name or any appellation which is interchangeable with the business name and is not authorised to such as use, or (b) introduces into circulation products which are illegitimately designated by an appellation of origin, where the exclusive owner of this appellation of origin is another person, or which are designated by an appellation of origin which is easily interchangeable, in order to profit therefrom. §151 Violation of industrial property rights The person who illegitimately interferes with the rights to a patent, industrial design, utility model or topography of a semiconductor shall be punished by imprisonment of up to three years or by a fine. §152 Violation of author's rights 1. The person who illegitimately treats a work protected by author's rights or the achievement of an artist, a sound or video registration or radio or television program which are protected by a right similar to author's rights in a way which is reserved to the author, artist, the producer of the sound or video record, the radio or television diffuser or to another person entitled to these rights or who violates the rights in a different way, shall be punished by imprisonment of up to two years, or fine or sequestration of the thing. 2. The offender shall be punished by imprisonment from six months to five years, a fine or a sequestration of the thing provided that: (a) his act described in subsection 1 has resulted in a significant profit or (b) he has committed the act to a significant extent.