États-Unis d'Amérique

Slovénie

Moyens de faire respecter les DPI

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

Abuse of procedural rights of parties is prohibited and can be subject to a fine (Code of Civil Procedure, Articles 10, 316). A party which abuses its procedural rights is liable to the other party for damages, which have to cover all the losses suffered (Code of Obligations, Article 190). This is explicitly regulated for any provisional measure that was sought, ordered and later found incorrect (Code of Execution, Article 274). The State and their officials can also be liable for damages caused by wilfully or negligently illegal acts of authorities (Code of Obligations, Article 172). These principles apply for both judicial and administrative procedures.