Transfer of IP rights in Slovenia

A patent can be transferred by legal transaction, such as a sale or a merger, or by the operation of the law, as in a succession, bankruptcy, or execution.

No, it is not necessary to record the assignment in the patent register for it to become effective. 

Either a written application or request by court for entry in the patent register is sufficient. If the change is requested by the new patent holder or a third party, supporting documentation is required. Either the transfer agreement or written consent of the existing patent holder is sufficient. 

2.1 Are original supporting documents essential or are copies sufficient?

Submission of a certified copy is sufficient. 

2.2 Are there any legalization and/or notarization and/or translation requirements?

When a copy is enclosed instead of the original, it needs to be notarized. Translation into Slovene is normally not mandatory if the documentation is in English, however the IP Office may subsequently request a Slovenian translation.

2.3 Is there a must to use a specific form?

Use of the form SIPO-R1, available here, is recommended.

Failure to record a patent assignment might result in difficulties in ascertaining who holds the rights to it in the event of a lawsuit. 

The record in the patent register has declarative effect. 

In the event of a transfer of a patent held by multiple proprietors, all must consent to the transfer. 

Yes, unless otherwise agreed by an international treaty to which Slovenia is a party. In the absence of a domestic representative, a domestic address for delivery of documentation is required.

EUR 40. 

In Slovenia, there are exclusive and non-exclusive licences. Both can be recorded in the relevant register.

The transfer of the licence right becomes effective at the time the contract is concluded between the parties. 

Either a written application or request by court for entry in the patent register is sufficient. If the change is requested by the new patent holder or a third party, supporting documentation is required. Either the licence agreement or the written consent of the existing patent holder is sufficient. 

8.1 Are original supporting documents essential or are copies sufficient?

Submission of a certified copy is sufficient.

8.2 Are there any legalization and/or notarization and/or translation requirements?

When a copy is enclosed instead of the original, it needs to be notarized. Translation into Slovene is normally not mandatory if the documentation is in English, however the IP Office may subsequently request a Slovenian translation.

8.3 Is there a must to use a specific form?

Use of the form SIPO-R1, available here, is recommended.

Failure to record a patent licence might result in uncertainties in the event of disputes. 

The record in the patent register has declarative effect. 

Yes, unless otherwise agreed by an international treaty to which Slovenia is a party. In the absence of a domestic representative, a domestic address for delivery of documentation is required.

EUR 40.

Yes, patents can be pledged. Pledges do not need to be recorded in the patent register. 

A trademark can be transferred by legal transaction, such as a sale or a merger, or by operation of the law, as in a succession, bankruptcy, or execution

No, it is not necessary to record the assignment in the trademark register for it to become effective.

Either a written application or request by court for entry in the patent register is sufficient. If the change is requested by the new trademark holder or a third party, supporting documentation from which the agreement of both parties on the transfer of rights is evident is required. Either the transfer agreement or written consent of the existing trademark holder is sufficient. 

2.1 Are original supporting documents essential or are copies sufficient? 

Submission of a certified copy is sufficient. 

2.2 Are there any legalization and/or notarization and/or translation requirements?

When a copy is enclosed instead of the original, it needs to be notarized. Translation into Slovene is normally not mandatory if the documentation is in English, however the IP Office may subsequently request a Slovenian translation.

2.3 Is there a must to use a specific form?

Use of the form SIPO-R1, available here, is recommended.

Failure to record a trademark assignment might result in difficulties in ascertaining who holds the rights to it in the event of a lawsuit. 

The record in the trademark register has declarative effect. 

In the event of a transfer of a trademark held by multiple proprietors, all must consent to the transfer.

In case a trademark is partially assigned and thus divided, a separate application needs to be made for each part of the trademark. Each application must include the list of goods and services assigned. 

Yes, unless otherwise agreed by an international treaty to which Slovenia is a party. In the absence of a domestic representative, a domestic address for delivery of documentation is required.

EUR 40.

In Slovenia, there are exclusive and non-exclusive licences. Both types can be recorded in the relevant register.

The transfer of the licence right becomes effective at the time the contract is concluded between the parties.

Either the licence agreement or written consent of the existing trademark holder is sufficient. 

9.1 Are original supporting documents essential or are copies sufficient? 

Submission of a certified copy is sufficient. 

9.2 Are there any legalization and/or notarization and/or translation requirements?

When a copy is enclosed instead of the original, it needs to be notarized. Translation into Slovene is normally not mandatory if the documentation is in English, however the IP Office may subsequently request a Slovenian translation.

9.3 Is there a must to use a specific form?

The use of the form SIPO-R1, available here, is recommended.

Failure to record a trademark licence might result in uncertainties in the event of disputes. 

The record in the trademark register has declarative effect. 

No specific formalities are foreseen.

Yes, unless otherwise agreed by an international treaty to which Slovenia is a party. In the absence of a domestic representative, a domestic address for delivery of documentation is required.

EUR 40.

Yes, trademarks can be pledged. Pledges do not need to be recorded in the register to become effective.