États-Unis d'Amérique

République slovaque

Moyens de faire respecter les DPI

4. Articles 41.1 and 48 of the TRIPS Agreement require establishment of safeguards against abuse of judicial and administrative enforcement procedures, including provision for adequate compensation for injury suffered because of such abuse. Please describe the means available under the law of the Slovak Republic to prevent abuse of judicial and administrative procedures or to remedy damages suffered as a result of such abuse and cite the legal authorities for those means.

The question of compensation for injury suffered because of abuse of judicial and administrative enforcement procedures is provided for by the Act on liability for injury suffered because of a State authority decision or because of wrong administrative procedure No. 58/1969 Coll. In the case of an injury caused by illegal decision or sentence it is necessary to make a formal claim for damage at the central authority superior to that authority which has caused the injury. Where the claim is not settled within 6 months, the injured party is able to claim his or her right in court. The State is liable for injuries caused by abuse of administrative proceedings. In this case no preliminary hearing of the claim is necessary. The claim can be prosecuted directly against the State and the particular authority which has caused the injury.