RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.6
28 January 1999
(99-0330)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Checklist of Questions1
Responses from the Slovak Republic
The present document represents the responses to the Checklist which the Secretariat has
received from the Slovak Republic, by means of a communication from its Permanent Mission, dated
17 November 1998.
_______________
I. INTRODUCTION
The valid Law No.  159/1973 Coll. of the Slovak Republic on the Protection of Appellations
of Origin of Products (hereinafter referred to as "the Law on the Protection of Appellations of
Origin") represents an essential legislative standard in the area of the protection of geographical
indications.
Pursuant to Section 1 of the mentioned law, which stipulates a positive term specification, it is
understood that appellations of origin of products are defined as:  "the geographical name of a
country, region, or locality, which has become generally known to designate a product originating
therein, the quality and characteristics of which are due exclusively or essentially to the geographical
environment, including natural and human factors".
Therefore, it is obvious that possible co ntradictions in comparison with the TRIPS
terminology might occur, but these do not impede the implementation process in relation to the
TRIPS Agreement, since the definition draws from the Lisbon Agreement for the Protection of
Appellations of Origin and their International Registration of 31 October 1958, as revised at
Stockholm on 14 July 1967, and as amended in 1979 (hereinafter as "Lisbon Agreement").
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.IP/C/W/117/Add.6
Page 2
The protection of appellations of origin of products is included both in the Law on the
Protection of Appellations of Origin of Products and in provisions on unfair competition.  As far as
the provisions on unfair competition are concerned, these are not regulated by a separate law, but are
included in Law No. 513/1991 Coll., the Commercial Code.  The Slovak legislative comprehends,
under the term "unfair competition", such conduct that is contrary to the standard practices ofcompetition and may be detrimental to other compet itors or consumers.  The activity being described
as unfair competition will take effect only if these conditions are fulfilled cumulatively .  A
demonstrative enumeration of particular bases of unfair competition activity includes, as well, a
provision on  deceptive indication of goods and services.  According to the provision, deceptive
indication of goods and services refers to:
(a) any description of goods and services that is capable of evoking a mistaken
assumption in business circles that the goods or services in question come from a
certain country, from a certain area, or a certain manufacturer (producer), regardless
of the fact where such a description shall appear.  It shall be irrelevant whether the
deceptive description is provided directly or indirectly, and by which means.  A fact
that is in itself correct shall be considered deceptive, if used in certain circumstancesor context in such a way as to mislead.
(b) any incorrect description of goods or services, even if accompanied by an addendum
such as "the kind", "the type", "the method", in order to distinguish deceptive as long
as the description is still capable of misleading.
(c) the use of any name, which is commonly used in business to describe a certain kind,
or a certain quality, shall not be considered deceptive, unless accompanied by an
addendum that may be capable of evoking mistaken assumptions, e.g. the words
"genuine", "original", etc.
The above-mentioned provisions shall not affect the rights and duties ensuing from the
registered appellation of origin of products.
Protection being provided in the scope of unfair competition effects, therefore, all
appellations complying with the above-mentioned conditions, under a condition of its applicability,
i.e.  the existence of a competitive relationship between an infringer and aggrieved person (party).
Protection being provided in appliance with the Law on the Protection of Appellations of
Origin comes into being by the entry into the Regist er of appellations of origin administrated by the
Industrial Property Office of the Slovak Republic (hereinafter referred to as "the Office") which, if by
the law stipulated conditions are complied with, files the particular appellation.  The above-mentioned
protection concerning the registered appellation is absolute and stricter.  In accordance with Section 4
of this Law, no one shall have the right to misuse a registered appellation of origin, in particular to
misappropriate it or to imitate it, even where the true origin of the product is indicated or where theappellation is used in a translated or altered form if despite the difference there is a risk of confusion,
or even where the appellation is accompanied by terms such as "kind", "type," "make", "imitation", or
the like.  A registered appellation of origin may not be used as the generic name of a product.
Protection is provided, also, by Law No. 140 /1961 Coll., as amended, the Criminal Code,
which defines res gestae  of a criminal act infringing the rights of a trademark, trade name and
protected appellation of origin.  According to Section 150 of the Criminal Code, the one who acquires
the economic benefit by entry into free circulation of goods labelled with an assumptive appellation of
origin being not in his/her exclusive ownership or by confusable goods appellation, will be sentenced
to up to one year infamous punishment, statutory penalty or forfeiture.IP/C/W/117/Add.6
Page 3
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
Consequently, in compliance with Section 1, subsection 2 of the Law on the Protection of
Appellations of Origin, we have a single regime of protection of appellations of origin for industrial,
technical, agricultural and natural products, i.e. products of all branches, in a broad sense.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
A deceptive description of services is also included in the protection against unfair
competition; protection, according to the Law on the Protection of Appellations of Origin, applies tothe appellation of origin of products.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.
Protection in accordance with Article 22.2 of the TRIPS Agreement is provided by the Law
on the Protection of Appellations of Origin and provisions of unfair competition (see the reply toquestion 1 above, the section on the protection against unfair competition and protection in
accordance with the Law on the Protection of Appellations of Origin); protection is, in accordance
with Article 22.2 of the TRIPS Agreement, provided, i.a. by Law No. 55/1997 Coll. on Trademarks
(hereinafter as: "the Trademark Law"), which in Section 2, subsection 1(f) stipulates on the basis of
absolute registration exclusion being taken into account by the Office ex officio the obligation to
repudiate such a sign which may mislead the public, especially as far as the nature, quality and
geographical origin of products and services are concerned; protection is, in accordance withArticle 23.1 of the TRIPS Agreement, provided for the appellation of all products, not only for wines
and spirits (see the reply to question 1 above).
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.
Not applicable.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Examples of Slovak appellations of origin of products:"Korytnická minerálna voda"  – registered appellation of origin for mineral water.  The entry
in the Register of appellations of origin in the Office was carried out according to the Law on the
Protection of Appellations of Origin.
"Karpatská perla"  - registered appellation of origin for wine.  The entry in the Register of
appellations of origin in the Office was carried out according to the Law on the Protection of
Appellations of Origin.
"Modranská majolika"  - registered appellation of origin for hand-painted pottery.  The entry
in the Register of appellations of origin in the Office was carried out according to the Law on the
Protection of Appellations of Origin.IP/C/W/117/Add.6
Page 4
"Piešťanské bahno"  - registered appellation of origin for healing mud.  The entry in the
Register of appellations of origin in the Office was carried out according to the Law on the Protection
of Appellations of Origin.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law underwhich they are protected.
The provisions of Article 23.2 regulate the supplementary protection for wines and spirits in
such way that it will not be possible to register as  a trademark such a sign (or will be possible the
cancellation of a registered trademark) which consists of such a geographical indication identifyingwines and spirits not originating therein – without pronouncement of condition of deception.
The Trademark Law does not allow the registration of such a sign, which is liable to mislead
the public, in particular with regard to the nature, quality or geographical origin of the goods or
services.  This is a registration exclusion being taken into account by the Office ex officio.
The registration exclusion relates to any good or service.  To enable the registration of such a
designation as a trademark, the applicant has to prove that goods or services originate in the place
indicated by the geographical indication in question and then the Office can accept this proof as
sufficient for registration of a trademark.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
See the Introduction above.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
See the Introduction above.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
The definition of appellation of origin, as defined above, sets up also the conditions for
registration, i.e. (i) it must be a geographical name of a country, region or locality; (ii) it must be a
name which has come to be generally known – according to the nature of the product, either amongexperts or common consumers as information about a product`s origin; and (iii) the product must have
specific attributes or quality which are due exclusively or essentially to the geographical environment,
including natural and human factors.
11. Is there any human creativity involved in th e making of spec ific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
Appellations of origin include folk-art produc ts which are indigenous in their design, shape,
technology and quality obtained by creativity, skills and tradition representing human sources in thatregion (e.g.  Pozdišovská keramika /pottery/, Pieš ťanské kúpe ľné oblátky /waffles/).IP/C/W/117/Add.6
Page 5
12. Are there any other intellectual property rights involved, such as patents for example?
Our Law on the Protection of Appellations of Origin does not concern other intellectual
property rights, in particular.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
In normal practice, the Office has accustomed to register an appellation of origin in the form
as it is stated in the application of appellation of origin.  In most cases, it is the name according to the
administrative territorial classification of Slovakia – the names of villages, districts, which are definedby the Law of the Slovak National Council.
An extra obligatory regulation delimiting geographical territories or places of origin of
products refers to the wine products respectively.  Law No. 332/1996 Coll. on Viticulture and
Winemaking divided the territory of Slovakia into  vine-growing districts, regions and vine-growing
villages.  Vine-growing districts are defined directly by the mentioned Law.  Vine-growing regions
and villages are defined by the Decree of the Ministry of Agriculture No. 153/1998 Coll.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
No.
15. Does your national legisl ation provide for recognition and protection of  geographical
indications or appellations of origin of foreign countries?
The Slovak Republic is a member of the Lisbon Agreement for the Protection of Appellations
of Origin and their International Registration and provides protection of appellations of origin of
products from other countries in compliance with the provisions, as stated therein.
If the protection is required directly in th e Office, according to Decree No. 160/1973 Coll.,
the foreign legal entity or natural person shall in  lieu of the mentioned Decree, submit a certificate
whereby the appellation of origin is recognized in the country of origin, issued in the name of the
applicant.  Similarly, if such a person applies for registration of another holder of the right to use
registered appellations of origin, the applicant sh all submit with the application a document attesting
that the person or entity in question is the other holder of the right to use the appellation of origin in
question in the country of origin.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.
See the answer to question 15 above.
C. 
PROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity ow n the rights to a geographical
indication?
The applicant can be any legal entity or natural person.IP/C/W/117/Add.6
Page 6
18. What are the compet ent authorities where the protection of a geographical indication can be
obtained?
The Industrial Property Office of the Slovak Republic.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
Proceedings on registration of the appellation of origin into the Register and registration of
another holder of the right to use such appellation of origin are performed on a proposal of the
competent person.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
According to Law No. 145/1995 Coll. on Administ rative Fees, the fee for filing an application
for an appellation of origin is 2000 Slovak crowns.  The fees for maintenance are not paid.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
The application for an appellation of origin of products shall contain:
(i) identifying data of the applicant or his/her representative; (ii) the trade name and head
Office of the factory in the locality whose geographical name constitutes the appellation of origin; (iii)
the name of the appellation of origin and the name of the products to which the appellation of origin
applies; (iv) the country, region or locality of the product originating therein; (v) the quality and
characteristics of the said products.  The application shall be accompanied by a document attesting the
name of the applicant and the subject of his bus iness activity, e.g. extract from the Companies
Register, statement of the Municipal Office, statement of the respective central authority (in most
cases, the Ministry of Agriculture, Ministry of Health) and receipt confirming that the administrative
fee has been paid.
The application for registration of every other user shall contain the same data and the
application is accompanied with the same documents as the first application.
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
See the answer to question 21 above.
23. What information must be supplied in an application for rights in a geographical indication?
See the answer to question 21 above.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
The application shall contain a document indicating the applicant's name and business
activity, e.g.  an extract from the Companies Register.IP/C/W/117/Add.6
Page 7
25. What mechanisms are provided to oppose the recognition of a geographi cal indication?  How
is an investigation conducted after such a complaint?
In acting before the Office this is not permitted by the Slovak legislation; but it is possible to
bring an action before court against unfair competition.
26. Who can oppose the recognition of a geographica l indication?
See the answer to question 25 above.
27. If your national legi slation provides for recognition and protection of geogr aphical indications
or appellations of origin of foreign countries, what is the procedure that has to be followed in order toobtain such recognition and consequent protection?
The most requested protection is the one provided by means of the mechanisms of the Lisbon
Agreement - a request for the registration by the International Bureau consecutively notifying the
Office (which, within a one-year period, may issue the declaration in accordance with Article 5(3) of
this Agreement).
Otherwise, the protection can be obtained by means of the geographical indication procedure.
The procedure is the same as in case of domestic geographical indications, but the application filed bya foreign applicant shall contain recognition of the geographical indication in the applicant's country
of origin and, similarly the request for registration of another user shall contain a document
confirming that he is another user of the geographical indication in the country of origin.
D. 
MAINTENANCE
28. How long does recognition for a geographical indica tion continue?
Protection has no time limitation.
29. If recognition of a geographical indication must be renewed or reaffirmed, what information
must be provided in order to effect such a rene wal or reaffirmation?  Spec ify any fees involved in
renewal or reaffirmation.
The Law does not require a renewal of the geographical indication.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
The Law does not stipulate a condition due which the rights are maintained by the use of an
indication.
31.  Is there a specified limit fo r non-use before rights in a geogr aphical indication cease and, if
so, what is that limit?
There is no specific limit for non-use of a geographical indication.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
Continuation of the criteria is not monitored.IP/C/W/117/Add.6
Page 8
33. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so?
Relating to the provision of Section 10 of the Law on the Protection of Appellations of Origin
the Office shall cancel the registration of an appellation of origin if it finds out that:
(a) the appellation of origin was registered although the requirements set out in Section 1
had not been fulfilled;
(b) the conditions prescribed for the registration of the appellation of origin have ceased
to exist;
(c) all the registered holders of the right to use the appellation of origin have renounced
the appellation of origin in writing.
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describethe procedure.
The Office can, on a proposal, initiate the cancellation procedure of the geographical
indication, in compliance with the previous answer.
35. Do the procedures which lead to forfeiture  of a geographica l indication take place ex officio
or must they be based on the initiative of an entity or person?
In accordance with the Law, ex officio on a proposal, as well; in practice, on a proposal.
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the cr iteria submitted to obtain recognition of a geographical
indication use t hat geographical indica tion after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
The right to use a registered geographical indication is granted only to those users who are
registered in the Geographical Indications Register; no additional criteria are required.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity  that obtained the recognition?
The Law does not explicitly govern the question of the determination of conditions.  The first
applicant determines distinctive characters that should be respected in case of another user
registration.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
A request for the registration of another user is subject to a fee payment (2,000 Slovak crowns
for each another user), in accordance with Law No. 145/1995 Coll. on Administrative Fees.IP/C/W/117/Add.6
Page 9
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
According to Section 5 of the Law on the Protection of Appellations of Origin, a registered
holder may request the court to prohibit infringement of his rights and to remedy the unlawful
situation; in case of a conflict with a trademark, see the answer to question 46 below.
40. Must individual authorized users of a geographical indication use that geographical indication
continually to retain their right to use it and, if so, how is their use determined and how long willdisuse be permitted?
No.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Not applicable.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,what is the effect on the geographical indication?
Relating to the provision of Section 4(3) of the Law on the Protection of Appellations of
Origin, a registered geographical indication cannot be licensed.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
We assume that the mentioned provision has not a cogent character; in our opinion, it is the
interpretative rule of TRIPS implementation of which is not appropriate and possible in the Law.  The
"grandfather use" did not occur in our country.
F. 
RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agr eement are not nullified and impaired?
As regards the protection of other laws (the Trademark Law), registration of a geographical
indication is based on the registration principles.  The conflict is solved by means of provisions on
unfair competition and by the Law on Trademarks.
Obligations resulting from Article 16.1 of the TRIPS Agreement are applied in the Slovak
legal system, particularly in Section 25 of Law No. 55/1997 on Trademarks in which it is stated thatno person may use a sign that is identical with or confusingly similar to a trademark that has been
registered for identical or similar goods and services without the consent of the trademark owner.
Also, no person may use such a sign in connection wi th such goods or services that are related with
the commercial activities without consent of the trademark holder.
The Slovak legislation comprehends, under the term "legally relevant consent", the
conclusion of a licence agreement.
A trademark owner may request the court to impose a ban for using his/her trademark or sign
that is confusingly similar to his/her trademark or sign for identical or similar goods or services and
may require that the articles thus marked be withdrawn from the market.IP/C/W/117/Add.6
Page 10
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
Article 6 bis of the Paris Convention is incorporated into provisions of Law No. 55/1997 Coll.
on Trademarks that are dealing with the objections against the entry of a trademark in the Register
(Section 4c), cancellation of the trademark registration as well as the provisions on rights of a
trademark owner.
Particularly, pursuant to Section 26 of this Law, the owner of a well-known mark entered in
the Register may claim the same protection (as stated in the reply to question 44 above) whether or
not the goods or services are identical or similar, provided that the usage  of a well-known mark would
suggest an association between the goods or servic es thus marked and the owner of the well-known
mark and his/her interests might be prejudiced by such use.
46. What procedures are foreseen in case of  a conflict of a geographi cal indication with a
trademark?
As mentioned in the answer to question 4 under III below, the valid Slovak trademark
legislation stipulates on the basis of absolute registration exclusion being taken into account by the
Office ex officio the obligation to repudiate such a sign which may mislead the public, especially as
far as the nature, quality and geographical origin of products and services are concerned.
As a result, it is also possible to consider the cancellation of a trademark.  This is possible
pursuant to Section 16 (1) in connection with Section 2(1) (f) of Law No. 55/1997 Coll. on
Trademarks, in the proceeding open by the Office ex officio or at the proposal of a third person.  It is
the cancellation of such a  trademark, which is registered contrary to the conditions stated in the Law,
i.e. such a trademark, which may, i.a. mislead the public as to its geographical origin or services.   
However, such a trademark application, which is not misleading as to the geographical origin
of the goods, (though the applicant does not correspond with the person originally registered in the
register of the appellation of origin), the Law on Trademarks provides a competent subject with a
possibility to enter an objection, which may be applied in compliance with this Law.  If the Office
ascertains, on the basis of the objections entered in compliance with this Law, that the appellation isidentical or confusingly similar to another subject of industrial property (in this case of the appellation
of origin) with the earlier priority right, the Office repudiates the trademark application for such a
designation.
G. 
ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they havenot been notifie d under Article 63.2 of the TRIPS Agreement, please provide copies.
See the reply to question 1 above.
48. Who has the right to enforce a geographical indication ?
A registered user pursuant to the Law on the Protection of Appellations of Origin;  any
competitor, pursuant to the provisions of Chapter V of Law No. 513/1991 Coll.,  the Commercial
Code.IP/C/W/117/Add.6
Page 11
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
Pursuant to Section 5 of the Law on the Protecti on of Appellations of Origin a registered user
of an appellation of origin may claim to impose a ban on the infringement of his/her rights and to
remove the defective status; a proposal to initiate proceedings in relation to the rights of appellations
of origin charges, pursuant to Law No. 71/1992 Co ll. on Court Fees, a fee of 3,000 Slovak crowns.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
A notification of the entry of the appellation of origin in the Register is published in the
Gazette of the Office, which is issued monthly.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.   If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,please provide a copy.
Law No. 140/1961 Coll., the Criminal Code, as amended, defines res gestae  of a criminal act
infringing the rights of a trademark, trade name and protected appellation of origin.  According toSection 150 of the Criminal Code, the one who acquires the economic benefit by entry into free
circulation of goods labelled with an assumptive appellation of origin being not in his/her exclusive
ownership or by confusable goods appellation, will be sentenced to up to one year infamous
punishment, statutory penalty or forfeiture.   
As to the criminal proceedings, pursuant to the provisions of Law No. 141/1961 Coll. as
amended, the Code of Criminal Procedures, it consists of several stages.  Firstly,  the police verify
intimations concerning the facts, which indicate that a criminal offence has been committed.
Secondly, preparatory proceedings, executed on the basis of an investigation, shall ascertain whether
the suspicion of a criminal offence against a particular person is supported enough to bring an
accusation against such a person and to forward res gestae  to the Court.  In case the result, supported
with detected facts, is supported enough and proves that a criminal offence has been committed by aparticular person, the criminal prosecution shall be initiated on the basis of a resolution on bringing an
accusation against such a person.  The preparatory proceeding is followed by the accusation brought
by the prosecutor.  If the prosecution is supported enough for the main hearing the judge – chief
justice – will order such a hearing.
At the main hearing the court will examine the accusation stated in the prosecution, view
evidences, and make a decision on a punishment, the manner of punishment's execution and other
facts stipulated by the law.
The Code of Criminal Procedures also adjusts, by means of its provisions, legal remedies,
individual ways of proceedings (e.g. agai nst the underage) and performing proceedings.
We have decided for a brief description of the criminal proceedings in the Slovak Republic as
it is quite extensive legal rule (392 sections), which re-codification is at a stage of its intensive
preparation.  To provide a notification of its version is for the time being hardly viable for the Office
considering shortness of the time and, in our opinion, as far as the perspectives of the re-codification
are concerned, such a notification would be useless as well.IP/C/W/117/Add.6
Page 12
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the internationalagreement and explain the relationship between it and your national legislation.
The Slovak Republic is party to the following international conventions and treaties relating
to geographical indications:
Paris Convention for the Protection of Industrial Property of 20 March 1883, revised at
Brussels on 14 December 1900, at Washington on 2 June 1911, at The Hague on 6 November
1925, at London on 2 June 1934, at Lisbon on 31 October 1958, at Stockholm on 14 July
1967;
Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration of 31 October 1958, revised in Stockholm on 14 July 1967;
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
of 14 April 1891, revised at Washington on 2 June 1911, at The Hague on 6 November 1925,
at London on 2 June 1934, at Lisbon on 31 October 1958 and at Stockholm in 1967;
Agreement between Austria and the CSSR on I ndications of Source on Goods, Appellations
of Origin of Products and other  Marking Concer ning the Origin of Agricultural and Industrial
Products (Decree No. 19/1981), which entered into force on 26 February 1981;
Agreement between the Government of Portugal  and the CSSR on Indications of Source on
Goods, Appellations of Origin of Products and other Geographic Denomination
(Decree No. 63/1978), which entered into force on 7 March 1987;
Agreement between Switzerland and the C SSR on Indications of Source on Goods,
Appellations of Origin of Products and other Geographic Denominations (Decree
No.13/1976), which entered into force on 14 January 1976 .
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
No other international agreements regarding the notification and/or registration of
geographical indications have been entered into.
III. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD. 1
A. GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type","style", "imitation" or the like?
See the answer to question 1 under II above.IP/C/W/117/Add.6
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B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2/3. Is there a clear distinction among the term s "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?  Does your legislation contain criteria
for homonymous geographical indications for wines and spirits?
The Slovak legal system uses the expression "appellation of origin" only, as defined above.  It
does not contain any special criteria for homonymous geographical indications for wines and spirits.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
As far as the relation between trademarks and appellations of origin is concerned, the Law on
Trademarks, Section 2 (1) (f) does not allow to admit as a trademark such a sign which is liable to
mislead the public, in particular with regard to the nature, quality or geographical origin of the goods
or services.  It is the matter of absolute exclusion of registration being taken into account by theOffice ex officio.
In this relation it is also possible to consider the cancellation of a trademark.  This is possible,
pursuant to Section 16 (1) in connection with Section 2 (1) (f) of Law No. 55/1997 Coll. on
Trademarks, in proceedings open by the Office ex officio or at the proposal of a third person.  Itregards the cancellation of such a  trademark, which is registered contrary to the conditions stated in
the Law, i.e. such a trademark, which may, i.a. mislead the public as to its geographical origin or
services.
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