États-Unis d'Amérique

Slovénie

Moyens de faire respecter les DPI

Procédures et mesures correctives civiles et administratives

8. Article 42 requires the defendants be notified of judicial and administrative intellectual property enforcement proceedings brought against them. Please describe the procedures followed for notifying defending parties regarding proceedings that have been initiated against them, indicate the information provided regarding the proceedings and cite the legal authorities establishing these procedures.

The provision of Article 42 of the TRIPS Agreement is fully met by the Code of Civil Procedure. Civil or commercial suit has to be submitted to the defending party in advance so that there is enough time to prepare the defence – at least eight days before the first oral hearing (Code of Civil Procedure, Articles 142, 286). These provisions are not applicable only when an ex parte provisional measure is ordered. In such cases the application and the order are served on the defendant at the beginning of the enforcement (Code of Execution, Article 39).