Republika Slovenija
Ministrstvo za finance
CARINSKA UPRAVA REPUBLIKE SLOVENIJE

Republika Slovenija
Ministrstvo za finance
CARINSKA UPRAVA REPUBLIKE SLOVENIJE
Customs Administration RS:
Vojko Otovic
Head of section of prohibitions and restrictions
(email: vojko.otovic@gov.si
)

• protection and facilitation of the international and national trade
• preventing illegal traffic and fight against counterfeit goods, drugs, cigarettes…
• preventing the entry of hazardous goods
• ensuring the safety and security of citizens
• fight against fraud, terrorism and organised crime
(in collaboration with other law enforcement agencies)

– public policy and international security
– health and life of humans
– environment
– fauna and flora
– industrial and commercial property
– national treasures possessing artistic, historic or archaeological value

•
− concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights
•
– provisions for the implementation of
Reg. 1383/2003

• Provisions on customs IPR measures
– request for action, a decision on the request and the statement by the right holders
– sampling because of suspected IPR violations
– judicial protection
– destruction of goods under customs control
– arrangement of destruction
– security instead of detention of the goods
– storage of seized goods
– treatment of seized goods
– costs in relation to goods

• on request of the right-holder
– if the application is lodge
– Simplified procedure (right-holder's agreement-destruction under customs control)
• ex officio
• the right-holder bear all costs
• at the expense and under the responsibility of the right holder

• National applications
– according to Article 5(1) of the basic Regulation the applicant applies for action by the customs authorities of that Member State in which the application for action is lodged.
– This application can be used for all type of intellectual property rights.
• Community applications
– With this application the applicant requests assistance by the customs authorities of the Member State in which it is lodged and assistance by the customs authorities of one or more other Member States.
– The advantage for right holders is that the decision taken in the Member State in which the application is lodged, has the same legal effects in all other requested Member
States.

600
500
400
300
200
100
0
2006 2007 2008 2009 2010
1/4
2011
163 241 314 395 600 200
2006
2007
2008
2009
2010
1/4 2011

•
– Informal working group within customs administration
– Working group between all enforcement bodies:
• Ministry of Economy - Slovenian Intellectual Property
Office, Market Inspectorate
• Customs Administration of the Republic of Slovenia
• Ministry of Interior
• Ministry of Justice

•
– EC/CCC/Counterfeit Section
– EU action plan
– ACTA
(Anti-Counterfeiting Trade Agreement)
– Action plan EU/China
– Joint customs cooperation
– WCO
– Interpol
– Europol

•
– Memorandum of understandings
– Specific action with sensitive business sectors
– Information exchange between privat sector and customs
– Training material

Raising awareness both – business and customs
• campaigns (leaflets, posters…) at major border points
• exhibitions, information to consumers (publication of statistic, press releases, open days…)

• Most counterfeit goods are discovered at the Port of Koper Office.
• The number of seizures at the Ljubljana Post Office increased significantly; most cases involved counterfeit medicines.
• For the most part, the consignments with counterfeits come from India
(counterfeit medicines), Hong Kong (counterfeit watches), and from China
(counterfeit sports articles, clothes, technical products)…
2008 (436 cases, 179955 pieces)
2009 (359 cases, 1120178 pieces)
2010 (602 cases, 1589227 pieces)

Simon Golub
Head of Financial Crime and Money
Laundering Section
Senior Criminal Police Inspector
General Police Directorate
Criminal Police Directorate
Stefanova ulica 2, 1501 Ljubljana
Phone: 01 / 428 50 79
Fax: 01 / 428 42 06
Email: simon.golub@policija.si

• The police performs its tasks at three levels: the state, the regional and the local levels. Organisationally, it is composed of General Police Directorate, Police Directorates (8) and
police stations. The police headquarters are in Ljubljana.
• Within the General Police Directorate (national level) the
Financial Crime Section is responsible for preventing, discovering and inspecting penal acts in the field of intellectual property (national / international cooperation, strategic tasks etc), while criminal investigations are carried out manly by Financial Crime Units within the Police
Directorates (regional level).

IPR offences are in the Criminal Code defined in:
1. Chapter Sixteen - CRIMINAL OFFENCES AGAINST HUMAN
RIGHTS AND LIBERTIES
• Violation of Moral Copyright (Article 147)
• Violation of Material Copyright (Article 148)
• Violation of Copyright and Related Rights (Article 149)
2. Chapter Twenty-Four - CRIMINAL OFFENCES AGAINST THE
ECONOMY
• Unauthorised Use of Another’s Mark or Model (Art. 233)
• Unauthorised Use of Another’s Patent or Topography (Article
234)

Liability of Legal Persons for Criminal Offences Act
• “A legal person shall be liable for a criminal offence committed by the perpetrator in the name of, on behalf of or in favour of the legal person…if it has at is disposal unlawfully obtained property benefit or uses objects obtained through a criminal offence…”;

CRIMINAL OFFENCE
Violation of Moral Copyright
Violation of Material Copyright
Violation of Copyright and Related Rights
Unauthorised Use of Another’s Mark or Model
Unauthorised Use of Another’s Patent or Topography
TOGETHER
2009
0
4
3
5
4
16
In 2010 The Police filed criminal reports against 10 natural and 4 legal persons.
2010
0
8
1
5
0
14

Andrejka Grlić
Chief Market Inspector
Republic of Slovenia
Ministry of the economy
Market inspectorate of republic of Slovenia
Phone: 01/ 280-8700
Email: andrejka.grlic@gov.si

Organization, Powers and Activities of
Market Inspectorate of
Republic of Slovenia
• 113 market inspectors are responsible for
• 42 national acts on different areas with more than
• 80 executive regulations and
• several European Regulations

Območne enote
Ministrstvo za gospodarstvo
TRŽNI INŠPEKTORAT RS
Sedež inšpektorata
Območna enota Celje
(Mozirje, Šmarje pri Jelšah)
Območna enota Dravograd
(Velenje)
Območna enota Idrija
Območna enota Kamnik
(Domžale)
Območna enota Kočevje
Območna enota Koper
Območna enota Kranj
(Radovljica)
Območna enota Krško
Območna enota Ljubljana
(Trbovlje)
Območna enota Maribor
(Ormož, Ptuj, Slovenska Bistrica)
Območna enota Murska Sobota
(Lendava, Ljutomer)
Območna enota Nova Gorica
Območna enota Novo mesto
Območna enota Postojna
Sektor za splošni nadzor
Sektor za tehnični nadzor
Služba za finance in organizacijo
Služba za kadre in informatiko

(cont.)
• consumer protection
• product safety
• trade
• craft
• catering and tourism
• moonlighting
 unfair competition
 protection of copyrights and industrial property rights
 unfair business-to-consumer commercial practices
• credit agreements for consumers
• sale of real estate
• …

(cont.)
New Approach Directives:
• Low voltage equipment (LVD)
• Safety of machinery (MD)
• Personal protective equipment (PPE)
• Gas appliances (GAD)
• Electromagnetic compatibility (EMC)
• Recreational crafts (RCD)
• Radio equipment and telecommunications terminal equipment (R&TTE)
• Energy labelling of household electric refrigerators, freezers, and combinations thereof
• Construction products (CPD)
• General product safety (GPSD)

Official Gazette RS, no. 51/2006


Directive 2005/29/EC
• Directive directly protects consumer economic interests from unfair business-to-consumer commercial practices. Thereby, it also indirectly protects legitimate businesses from their competitors who do not play by the rules in this Directive and thus guarantees fair competition in fields coordinated by it.

• A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise the main characteristics of the product :…..

• A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise the main characteristics of the product :…..

(cont.)
• A commercial practice shall also be regarded as misleading if, in its factual context, taking account of all its features and circumstances, it causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise, and it involves: any marketing of a product, including comparative advertising, which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor;

Official Gazette RS, no. 16/2007, 68/2008
 Judicial protection
• The person whose rights may demand the protection of his rights and claim restitution from the infringer according to the rules on damages.
 Competence of the Market Inspection
• seize the goods which were used or intended for the commission of a misdemeanor, or were created by such misdemeanor, and
• order to remedy the irregularity within the prescribed time limit

•
The specially qualified group of market inspectors carried out the controls given the special nature of inspection in respect of computer programs. In accordance with the provisions of the Inspection Act an inspector has the right to conduct inspection of the economic entity on the basis of the law (without special permission of the court) and without prior notice. Market Inspectorate control subjects selected randomly or based on applications received.
•
Randomly selected subjects are chosen individually or by the industries in which they operate.
•
In previous years selected subjects were chosen from lawyers, media organizations (radio and TV organizations, newspapers, magazines...), architects and others.

•
In the years from 2008 to 2010 Market Inspectorate conducted 417 inspections in which the 2284 computers were checked. On the computers 13124 computer programs that user’s use at their work was examined with random selection method. Of all the programs examined individual subjects did not demonstrate legitimate use for 1626 (12.4%) programs. From the 417 examined subjects in 252 subjects (60.4%) was identified at least one illegal use of a computer program.

Aktion
Number of conducted inspections
Number of checked computers
Number of checked computer‘s programs
Number of illegal programs
Precentage of illegal programs
Number of subjects in the offense
Precentage of subjects in the offense
617
13,3%
90
70,3%
2008
128
774
4631
588
12,4%
70
63,6%
2009
110
768
4749
421
11,2%
92
51,4%
2010
179
742
3744
1626
12,4%
252
60,4%
SUM
417
2284
13124

Customs Administration RS:
Vojko Otovic
Head of section of prohibitions and restrictions email:vojko.otovic@gov.si
Simon Golub
Head of Financial Crime and Money Laundering email: simon.golub@policija.si
Andrejka Grlić
Chief Market Inspector email:andrejka.grlic@gov.si