SLOVENIA
Since May 2014
Pillar Telecom infrastructure and competition |
Sub-pillar 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 has the obligation to 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
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) |
Sub-pillar 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
SLOVENIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Slovenia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SLOVENIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Slovenia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SLOVENIA
Since May 2001
Since April 1995, last amended in 2019
Since April 1995, last amended in 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Slovenian Copyright Act
Slovenian Copyright Act
There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
As provided by Directive 2001/29/EC, Slovenian Copyright Act introduces some exceptions (Arts. 46-59), mainly for the following purposes:
- Teaching and news reporting
- Quotation.
- Reproduction for the benefit of people with a disability
- Transient or incidental temporary reproduction
- Private copies
- Use of accessory works of secondary importance
- Reproduction for official proceedings
- Free transformations under conditions listed in the law
Alteration of databases under certain conditions listed in the law
- Free usage of works located in generally accessible premises
As provided by Directive 2001/29/EC, Slovenian Copyright Act introduces some exceptions (Arts. 46-59), mainly for the following purposes:
- Teaching and news reporting
- Quotation.
- Reproduction for the benefit of people with a disability
- Transient or incidental temporary reproduction
- Private copies
- Use of accessory works of secondary importance
- Reproduction for official proceedings
- Free transformations under conditions listed in the law
Alteration of databases under certain conditions listed in the law
- Free usage of works located in generally accessible premises
Coverage Horizontal
Horizontal
Horizontal
SLOVENIA
Reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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. Nevertheless, the rate of unlicensed software installation in the country was reportedly 41% in 2017 (below the 57% rate of Central and Eastern European countries), for an estimated commercial value of USD 28 million.
Coverage Music and video content
SLOVENIA
Since March 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Slovenia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SLOVENIA
Since June 2001, last amended in March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Act
Although there is no discrimination of foreign companies based on the principle of reciprocity, foreign patent applicants have to act before the Slovenian Intellectual Property Office through a patent agent and the submission of information has to be carried out in Slovenian. Substantive examination is not required by the Slovenian Intellectual Property Office, which shall base its examination mainly on formal requirements.
Coverage Horizontal
SLOVENIA
Since March 2019
Since 2020
Since 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Slovene Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic
Slovene Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
The Slovene Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic provides in Articles 69 to 75, inter alia, special provisions regarding the review of foreign direct investment (FDI), which shall apply until 30 June 2023. The Slovene Ministry of the Economic Development and Technology shall review whether the investment poses a threat to security or public order. The main scenarios triggering the screening are as follows:
- Acquisition of 10% or more of voting rights in the company;
- Establishment of a new branch of the company in Slovenia;
- Establishment of a new company in which foreign investor will have more than 10% voting rights;
- Under certain conditions the production of new products.
In addition, the Slovene Ministry has the right to review FDI in the relevant areas for the last five years and may cancel such an investment retrospectively. It is reported that cases of blocking and delay are frequent. For example, in 2015, the privatization of Slovenia’s state-owned telecommunications company, Telekom Slovenije, failed in large part due to political attempts to discourage the sale of a state-owned company.
The Slovene Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic provides in Articles 69 to 75, inter alia, special provisions regarding the review of foreign direct investment (FDI), which shall apply until 30 June 2023. The Slovene Ministry of the Economic Development and Technology shall review whether the investment poses a threat to security or public order. The main scenarios triggering the screening are as follows:
- Acquisition of 10% or more of voting rights in the company;
- Establishment of a new branch of the company in Slovenia;
- Establishment of a new company in which foreign investor will have more than 10% voting rights;
- Under certain conditions the production of new products.
In addition, the Slovene Ministry has the right to review FDI in the relevant areas for the last five years and may cancel such an investment retrospectively. It is reported that cases of blocking and delay are frequent. For example, in 2015, the privatization of Slovenia’s state-owned telecommunications company, Telekom Slovenije, failed in large part due to political attempts to discourage the sale of a state-owned company.
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://www.state.gov/reports/2021-investment-climate-statements/slovenia/
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO8206
- https://www2.deloitte.com/content/dam/Deloitte/cz/Documents/legal/CE_FDI.pdf
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- Show more...
SLOVENIA
Since March 2004, last amended in February 2014
Since January 2016
Since January 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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
SLOVENIA
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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, also caused by complexities in bid preparation due to short timeframes and complex documentation. In addition, some stakeholders claim that 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 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Slovenian Public Procurement Act
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. Furthemore, 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 of the Republic of Slovenia.
Coverage Horizontal
SLOVAKIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of 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
SLOVAKIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Slovakia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SLOVAKIA
Since June 2014
Since June 2007
Since June 2007
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act No. 250/2007
Consumer Protection Act No. 250/2007
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the amendments to the Consumer Protection Act No. 250 in 2016.
Coverage Horizontal