SLOVENIA
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of effective enforcement of copyright online
It is reported that unlawful downloading of music and video content is common in the Slovenian market. Additionally, there is no strong enforcement of the copyright legal regime.
Coverage Music and video content
SLOVENIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovenia ratified the Treaty on 19 November 1999, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
SLOVENIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovenia ratified the Treaty on 19 November 1999, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
SLOVENIA
Since June 2016
Since April 1999, as amended in February 2017
Since April 2019
Since April 1999, as amended in February 2017
Since April 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Code of Civil Procedure (Zakon o pravdnem postopku)
Professional Secrecy Act (Zakon o poslovni skrivnosti)
Code of Civil Procedure (Zakon o pravdnem postopku)
Professional Secrecy Act (Zakon o poslovni skrivnosti)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Slovenia implemented the Directive through an act amending the Civil Procedure Act in 2017 and the Professional Secrecy Act of 2019.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231229190141/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L0943
- https://web.archive.org/web/20200905094106/http://www.pisrs.si/Pis.web/pregledPredpisa?sop=1999-01-1210
- https://web.archive.org/web/20241109061757/https://pisrs.si/pregledPredpisa?sop=2019-01-0914
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SLOVENIA
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
SLOVENIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government of Slovenia owns 62.54% of Telekom Slovenije, the major incumbent telecommunications operator. State-owned entities Kapitalska druzba (KAD) and Slovenian Sovereign Holding (SDH) respectively hold a further 5.59% and 4.25% in Telekom Slovenije.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119073610/https://www.telekom.si/o-podjetju/devetmesecna-porocila/Unaudited-business-report-of-the-TSG-and-TS-I-IX-2021.pdf
- https://web.archive.org/web/20230331130814/https://developingtelecoms.com/telecom-business/operator-news/12704-slovenia-exploring-sale-of-telekom-slovenije-stake.html
SLOVENIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Slovenia does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required in certain cases. According to Art. 25 of the Electronic Communications Act, the Agency may impose an obligation on a specific network operator with significant market power to keep accounting records in relation to specified activities relating to interconnection and/or operator access separate from accounting records for other activities.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100088&s=3109
- https://web.archive.org/web/20231227194446/http://www.akos-rs.si/
- https://web.archive.org/web/20120412215905/https://www.itu.int/ITU-D/tech/OLD_TND_WEBSITE/digital-broadcasting_OLD/Bulgaria_Assistance_Transition/Slovenia/ELECTRONIC_COMMUNICATIONS_ACT_Official_consol...
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SLOVENIA
Since March 2004, last amended in February 2014
Since November 2015, entry into force in March 2016
Since November 2015, entry into force in March 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Slovenia, the Directive has been transposed with the Public Procurement Law (ZJN-3).
In Slovenia, the Directive has been transposed with the Public Procurement Law (ZJN-3).
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230327061359/http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7086
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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SLOVENIA
Since November 2015, entry into force in March 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
Art. 7 of the Slovenian Public Procurement Act provides that mutual recognition should be taken into account to grant equal treatment in public procurement procedures. Furthermore, Art. 11 stipulates that all economic operators from third countries shall be accorded the same treatment as economic operators from the EU only for the award of a contract which is covered by the WTO Government Procurement Agreement or by another binding agreement of the European Union or the Republic of Slovenia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240222000342/https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/124000#!/Zakon-o-javnem-narocanju-(ZJN-3)
- https://web.archive.org/web/20231108030000/https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20231212233727/https://www.trade.gov/country-commercial-guides/slovenia-selling-public-sector
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SLOVENIA
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that a lack of transparency in Slovenian public procurement processes continues to be a barrier to the participation of foreign firms, which is also caused by complexities in bid preparation due to short timeframes and complex documentation. In addition, some stakeholders claim that the Slovenian National Revision Commission carries out a quasi-judicial control reviewing disputed public procurement cases whose decisions are not subject to judicial appeal.
Coverage Horizontal
SLOVENIA
Since February 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment Promotion Act (Zakon o spodbujanju investicij (ZSInv))
The Investment Promotion Act, applicable to both foreign and domestic investors, does not impose any specific restrictions on foreign ownership or control on sectors relevant for digital trade.
Coverage Horizontal
SLOVENIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.9%
Coverage rate of zero-tariffs on ICT goods (%)
77.93%
Coverage: ICT goods
SLOVAKIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Slovakia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SLOVAKIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Slovakia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
