SATURDAY, 29 MARCH 2008
When can the Slovenian IP Office appeal?
Writing for World Trademark Reports Gregor Macek (ITEM doo, Ljubljana) mentions that the Slovenian Supreme Court has rejected the the Slovenian Intellectual Property Office's request for review of an Administrative Court judgment in Case X Ips 282/2006-3, 11 December 2007. This dispute dates back to March 2001, when local company DISK applied to register the word VIKKI as a trade mark. Another local company, Droga, opposed and cited its own earlier registered trade mark VIKI. In July 2003 the Office allowed registration in part. Droga then appealed to the Administrative Court which, in December 2005, the court set aside the decision for procedural errors and remitted the case to the Office for further determination. In 2006 the office appealed against this decision to the Supreme Court.
The Supreme Court has now dismissed the appeal. Under a new 2007 Act on Administrative Appeals, the ability of organs such as the Office to appeal has been reduced since the new principle is that appeals should only be heard if the applicant stands to gain from them. The court, applying the transitional provisions of the new law, held that the matter was properly remitted to the Office, which should now determine it.
Posted by: Jeremy Phillips @ 21.35
Tags: right of appeal, Slovenia,