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Act No 344/2004 Coll.
of 14 May 2004
on Patent Representatives
Amended by: Act No 330/2007 Coll.
Act No 506/2009 Coll.
The National Council of the Slovak Republic has adopted the following Act:
Chapter I
PART ONE
INTRODUCTORY PROVISIONS
Section 1
Subject-matter of regulation
This Act governs the legal conditions and the way of performance of patent representatives, duties
of patent representatives, establishment, status, and competence of the Slovak Chamber of
Patent Attorneys (hereinafter referred to as the “Chamber”).
Section 2
Authorisation to act as patent representative
Patent representatives, as well as the other natural persons and legal entities stipulated in
Sections 30, 33, and 34 are authorised to perform services of patent representatives pursuant to
this Act on the territory of the Slovak Republic under the conditions laid down by this Act.
PART TWO
PATENT REPRESENTATIVE
Prerequisites for performing the activities of a patent representative
Section 3
(1) Patent representative is a natural person registered in the List of Patent Representatives
(hereinafter referred to as the “the List”).
(2) Activity of a patent representative shall mean representation of natural persons and legal
entities before the Industrial Property Office of the Slovak Republic (hereinafter referred to as the
“Office”) and before the other state administrative bodies in the proceedings related to industrial
property. While performing its activity, a patent representative also provides expert advices in the
field of industrial property rights, draws up documents necessary for legal acts in the field of
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industrial property rights and provides further forms of special consultancy and professional
assistance in the field of industrial property (hereinafter referred to as the “patent representative
service”).
(3) While performing the activities of a patent representative and performing patent
representative services, he shall be obliged to protect rights and legitimate interests of natural
persons and legal entities in accordance with the Constitution of the Slovak Republic, with the
laws, and other generally binding legal regulations.
Section 4
The Chamber shall, within two months after the delivery of a written application for registration in
the List, enter any person on the List provided that such person
a) has a full legal capacity,
b) is impeccable,
c) has acquired first-level university education at the university in the Slovak Republic 1)
or
possesses a recognised certificate of first-level university education issued by a foreign university,
d) has at least three-year professional experience as a patent representative assistant (hereinafter
referred to as the “assistant”) or at least four-year experience in the field of industrial property
rights,
e) has not got valid disciplinary measure to be deleted from the List or is considered not to have
got such disciplinary measures,
f) has not been deleted from the List for reasons of valid bankruptcy against him or against a legal
entity performing patent representative services, a shareholder or partner of which it is, or for
reasons of rejecting the proposal to file a petition for bankruptcy due to lack of property, unless
five-year term has lapsed since the deletion,
g) has successfully passed patent representative professional examination (hereinafter referred to
as the “professional examination”),
h) has met the obligations pursuant to Section 16(1) and Section 25,
i) has taken the following oath before the Chamber Chairman: “I promise on my conscience and
civic honour that I will observe the Constitution of the Slovak Republic, the laws, other generally
binding legal regulations and professional regulations, conscientiously fulfil duties of a patent
representative and keep secrecy on all facts I may learn in connection with performance of this
activity”.
(2) The Chamber shall not enter on the List the person that either performs occupation, profession
or an activity, besides which he cannot perform other gainful activity pursuant to special
regulations, or the employee of the Chamber.
(3) For the purposes of this Act, the person shall not be considered unimpeachable if he was either
legally condemned for wilful offence or for offence related to the performance of activity of a
patent representative.
(4) Integrity is to be proven by the extract from the criminal record 3)
not older than three months.
1) Article 2 Para 5 of Act No. 131/2002 Coll. on universities and on the amendment and complementation of some acts,
as amended. 3)
Act No. 330/2007 Coll. on Criminal Record, as amended.
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Section 5
Within two months since the delivery of a written application, the Chamber shall enter on the List
also the person that has passed Eligibility Examination pursuant to Section 7, meets the conditions
pursuant to Section 4(1)(a), (b), (e), (f), (i) and Section 4(2) and whose professional qualification or
other qualification has been recognised as sufficient for the performance of patent representative
profession in accordance with a special regulation. 4)
Section 6
Professional examination
(1) The level of theoretical knowledge and practical experience necessary for the performance of
patent representative profession, knowledge of legal regulations and international agreements
valid on the territory of the Slovak Republic related to industrial property right protection and
ability of their use in practice shall be verified by professional examination.
(2) Professional examination may be taken only as aggregate examination in the integrated field of
the protection of rights to the results of technical creative activity and protection of rights of
registration. Professional examination shall be taken in the Office before the Examination
Commission; it shall be composed of written and oral part. As a rule, the professional
examinations shall be held once a year.
(3) The Chairman shall appoint five-member examination commission for professional
examination. It shall be composed of examination commissioners, out of which three shall come
from the employees of the Office and two from the patent representatives, or outstanding experts
in the field of industrial property rights.
(4) The result of the professional examination shall be decided upon by voting, which shall result in
the assessment of the applicant by attesting or rejecting statement. Each of the Commission
members has one vote.
(5) Any applicant who presents an application for professional examination to the Office and
meets the conditions specified in Section 4(1)(c) and (d) and who pays an administrative fee for
professional examination to the Office, must be admitted to professional examination. 5)
(6) The Examination Commission shall elaborate a protocol on professional examination course
stating names and surnames of examination commissioners.
(7) The Office shall issue certificate for an applicant within 15 days since the successful passing of
professional examination, which shall contain name and surname of the applicant, date of birth,
date of examination and its result. The certificate shall be signed by Chairman of Examination
Commission.
(8) If the applicant fails in professional examination, the Office shall notify him on this fact within
15 days since the professional examination.
4) Act No. 477/2002 Coll. on Recognition of Professional Qualifications and on the amendment of Act of the National
Council of the Slovak Republic No. 145/1995 Coll. on Administrative Fees, as amended by Act No. 445/2002 Coll. 5)
Act of the National Council of the Slovak Republic No. 145/1995 Coll., as amended.
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(9) The applicant who failed in professional examination may apply the Office for its repetition.
The Office shall permit the repetition of professional examination not before six months after the
examination, in which the applicant has not succeeded, at the earliest published term of
examinations; the repetition of professional examinations shall be carried out under the same
conditions as stated in paragraph 5.
Section 7
Eligibility examination
(1) Eligibility examination is focused on the assessment of legal knowledge of European
Community patent representative pursuant to Section 29 of Rule of Law of the Slovak Republic,
international agreements valid on the territory of the Slovak Republic related to industrial
property protection, and professional regulations. Eligibility examination shall be taken in official
language. 6)
(2) The stipulations of Section 6 relates to the eligibility examination in the same way.
Section 8
Entry on the List
(1) The Chamber shall allow the applicant to take an oath within two months since the delivery of
a written application for entry on the List complemented by documents on meeting the conditions
for making entry on the List.
(2) The Chamber shall enter the applicant on the List as of the date of taking an oath or as of the
later date given in the application.
(3) The Chamber shall issue the certificate of the entry on the List and patent representative card
to patent representative not later than 15 days after making the entry.
(4) The following shall be entered on the List:
a) name, surname and title of a patent representative, date of birth, registered office, residence or
delivery address pursuant to Section 16,
b) date of passing professional examination or eligibility examination,
c) date of making entry on the List and number of certificate of entry, which is also the registration
number of patent representative,
d) method of performance of activity of patent representative pursuant to Section 15 including the
business name of the patent representative company, if any,
e) imposition of disciplinary measure pursuant to Section 39, suspension of activity of patent
representative pursuant to Section 9 and deletion from the List pursuant to Section 12, if any.
(5) The List shall be available to the public.
6) Act of the National Council of the Slovak Republic No. 270/1995 Coll. on Official Language of the Slovak Republic, as
amended.
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(6) The Chamber shall enter on the List also the changes in data specified in paragraph 4.
Suspension of performance of patent representative activity
Section 9
(1) The Chamber shall suspend the performance of activity of a patent representative,
a) if the patent representative has commenced the execution of imprisonment, if this is not the
reason for deletion from the List [Section 12 (1)(c)], or if it has been taken into custody,
b) if the patent representative has been pronounced guilty for a wilful offence in the judgement of
the first-instance court till the validity of the judgement,
c) during the punishment by banning the performance of activity of patent representative 7)
, as of
the date of entering into force of the decision, by which this punishment has been imposed;
without prejudice to the stipulations of Section 12 (1)(d) and Section 12 (2)(b),
d) if after entering on the List he performs occupation, profession or activity, besides which he
cannot perform other gainful activity pursuant to special regulations or if he is the employee of
the Chamber,
e) if he lodged written application for the suspension of activity of patent representative and he
proves that he appointed another patent representative for himself for the purposes of
representation pursuant to Section 21,
f) after imposing a disciplinary measure of suspension of activity of patent representative, as of
the date of entering into force of the decision of the Chamber on this disciplinary measure.
(2) The Chamber may suspend the performance of activity of a patent representative,
a) if a prosecution for criminal offence has been commenced against him for a wilful criminal
offence, till the entry of the decision in the matter into force,
b) if a proceeding on depriving or restriction of capacity for legal acts has been commenced
against him, till the date of entry of the decision into force, by which this proceeding terminates,
at the latest,
c) if a proceeding on bankruptcy or permitting settlement has been commenced against him or
against legal entity established for the performance of patent representative services, a
shareholder or partner of which he is,
d) if he is default with the payment of specified contribution for the Chamber activity for more
than six months and he has not paid the contribution even within one month since he has been
called in writing to do so with the instruction on consequences of non-payment.
Section 10
(1) By suspending the activity of a patent representative
a) the authorisation of the patent representative to perform services pursuant to this Act shall
cease,
b) the membership of the patent representative in the Chamber bodies pursuant to Section 49
7) Article 49 and 50 of Penal Code, as amended.
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shall cease,
c) patent representative shall lose the opportunity to be elected to the Chamber bodies pursuant
to Section 49.
(2) By suspending the activity of a patent representative
a) the participation of the patent representative in a patent representative company pursuant to
Section 15 shall not cease,
b) the responsibility of the patent representative including responsibility for disciplinary offence
committed by him at the time of suspension of activity of patent representative shall not be
prejudiced.
Section 11
Should the reason specified in Section 9 cease, the Chamber shall immediately terminate the
suspension of activity of a patent representative; termination of suspension of activity of the
patent representative shall be entered on the List.
Deletion of patent representative from the List
Section 12
(1) The Chamber shall delete that patent representative from the List,
a) who has died or has been declared dead,
b) who has been deprived of capacity for legal acts or its capacity for legal acts has been restricted,
c) who has been legally condemned to unconditional penalty of imprisonment for a wilful criminal
offence committed in relation to the performance of activity of a patent representative,
d) who has been legally imposed disciplinary measure of deletion from the List,
e) if bankruptcy, permitted settlement has been announced against it, patent representative
company established for performance of patent representative services, in which he is
shareholder or partner, or if the petition for bankruptcy has been refused due to the lack of assets
for the disbursement of bankruptcy costs,
f) who has been entered on the List without meeting any of the conditions specified in Section 4
(1) and Section 5 as at the date of entry on the List,
g) who has applied for that in writing.
(2) The Chamber may delete from the List the Patent Representative
a) who has been legally condemned for another wilful criminal offence other than the one stated
in paragraph 1(c), should the Chamber considers that this activity of a patent representative
endangers the trust in due performance of activity of the patent representative,
b) who is in default with the disbursement of payable contributions for Chamber activity and fees
for delayed payment of these fees exceeding 12-month period and obligatory payments has not
been paid by him even after being called to do so with the instruction on consequences of non-
payment,
c) who has not concluded liability insurance pursuant to Section 25 and he has not concluded the
corresponding insurance policy within one month after being warned of this imperfection in
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writing save for exception specified in Section 25(3).
Section 13
(1) Deletion from the List pursuant to Section 12 shall be registered by the Chamber in the List
immediately, however, not later than one month after it has learnt of facts establishing the
deletion.
(2) The deletion of a patent representative from the List pursuant to Section 12 (1)(f) may be
decided upon by the Chamber only within one year since the date when it has learnt of the non-
observance of the conditions for entry on the List, however, not later than three years since the
date this fact has occurred; this does not relate to the conditions specified in Section 4(1)(a) to
4(1) (c) and Section 5.
Section 14
(1) If authorisation for patent representative services in any Member State is suspended or has
ceased for patent representative entered on the List pursuant to Section 5, the Chamber may
suspend the performance of activity pursuant to this Act or delete him from the List according to
circumstances.
(2) The Chamber shall inform immediately and to the necessary extent the relevant authority of
foreign state on the imposition of disciplinary measure of suspension of activity of a patent
representative, or deletion of a patent representative from the List.
Method of performance of patent representative activity
Section 15
(1) Patent representative may perform activity of a patent representative individually or in patent
representative company.
(2) Patent representative company is a business company, 8)
a) in which a patent representative is a partner, shareholder or employee; if it is a company
limited by shares, registered capital of the company must be formed by registered shares, and
b) which is insured against liability for damage that could arise while performing patent
representative services .
Section 16
Performance of patent representative activity
(1) Patent representative shall be obliged to notify the Chamber in writing of the address of its
registered office. The registered office of a patent representative must be on the territory of the
Slovak Republic.
8) Commercial Code.
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(2) When performing the services, a patent representative shall be obliged to use professional
designation of the patent representative.
(3) When a patent representative performs his activity individually, he performs it under the
business name, which is his name and surname. If a patent representative performs the activity of
patent representative, he shall attach to the name, surname and professional designation also the
name of association or business name of a company.
Rights and obligations of patent representative
Section 17
(1) While performing patent representative services, a patent representative is independent, being
bound by generally binding legal regulations and client’s instructions within their scope. If the
client’s instructions are in discrepancy with generally binding regulations or professional
regulations, he shall be obliged to inform the client of it; patent representative shall not be bound
by such client’s instructions.
(2) Patent representative shall be obliged to defend the rights and legitimate interests of the
client. He shall be obliged to act honestly and conscientiously, thoroughly use all legal means and
enforce in the interests of the client everything that is considered by him to be beneficial
according to his belief and instructions of the client, while taking care of the expediency and
economy of performed patent representative services.
Section 18
(1) Patent representative shall be obliged to keep secrecy on all facts he has learnt of in relation to
the provision of patent representative services. The patent representative may be deprived of the
obligation to keep secrecy only by the client and after the death or winding up of the client only by
its legal successor.
(2) Obligation to keep secrecy belongs also to that one who has been deleted from the List or that
one who has got suspended the performance of activity of a patent representative.
(3) Obligation to keep secrecy does not relate to the case if this is the obligation imposed by the
Act to defeat the commitment of criminal offence or to announce the commitment of criminal
offence.
(4) Patent representative shall not be obliged to keep secrecy towards the person who is being
authorised by him to perform the individual acts of patent representative services, if this person is
obliged to keep secrecy pursuant to special regulations. 9)
(5) Obligation to keep secrecy shall not bind a patent representative within the scope necessary
for acting before the court or another authority, if the subject of proceeding is the dispute
between him and the client or its legal successor; obligation to keep secrecy shall not bind a
patent representative even in disciplinary proceeding pursuant to Section 40 or in proceeding on
9) For example Act No. 215/2004 Coll. on the Protection of Classified Information and on the amendment and
supplementing of certain acts
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remedy against the decision of the Chamber. Patent representative may not challenge obligation
to keep secrecy in disciplinary proceeding even towards Chairman and members of Revision
Commission which discusses the disciplinary offence of the patent representative.
(6) Obligation to keep secrecy identically relates to
a) employees of a patent representative, employees of patent representative company,
b) members of the Chamber bodies and its employees, as well as all persons that participate in
disciplinary proceeding including Chairman and members of Revision Commission authorised to
prepare the acts of disciplinary proceeding and discuss whether disciplinary offence occurred;
however this does not relate to proceeding before the court in the given matters.
(7) Obligation to keep secrecy pursuant to a special regulation 9)
shall not be prejudiced by this Act.
Section 19
(1) Patent representative shall be obliged to refuse the performance of patent representative
services, if
a) he has performed patent representative services in the same matter or in the matter related to
it to another person whose interests are in contradiction to the interests of person which applies
for the performance of patent representative services,
b) the interests of a patent representative or persons close to it are in contradiction to the
interests of person to whom the patent representative services should be performed,
c) person whose interests are in contradiction to the interests of that one who applies for patent
representative services in the same matter or in the matter related to it has been performed with
patent representative services by patent representative with whom he jointly performs activity of
a patent representative for patent representative company,
d) the performance of its activity were suspended,
e) the information he has of another client or former client could unjustifiably give preferential
treatment to that one who applies for the performance of patent representative services,
f) he is unable to duly defend and uphold the interests of a client with regards to provable
workload or long-term absence,
g) by performing patent representative services criminal offence would be committed.
(2) Patent representative shall be obliged to withdraw from the contract on performance of patent
representative services, if he additionally learns of the fact specified in paragraph 1.
(3) Patent representative shall be obliged to justify the refusal to provide the client with services.
(4) If anyone cannot acquire the performance of professional services pursuant to this Act, he shall
be entitled to ask the Chamber for the provision of a suitable patent representative. If this is not
prevented by the reasons given in paragraph 1 or 2, patent representative offered by the Chamber
shall be obliged to perform the patent representative services to full extent.
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Section 20
(1) Patent representative shall be entitled to withdraw from the contract on performance of
patent representative services, if the trust between him and the client has been impaired, if the
client does not provide the necessary co-operation or if he does not deposit the reasonable
advance for fee for representation and performance of patent representative services without a
serious reason despite that he has been asked to do so by the patent representative pursuant to
Section 23.
(2) Contract on performance of patent representative services pursuant to paragraph 1 shall be
terminated as of the moment when the act of will to withdraw from it is delivered to the client.
(3) Unless otherwise agreed by patent representative and client or unless the client took other
measures, patent representative shall be obliged to carry out all pressing acts within 15 days since
the delivery of notification of withdrawal from the contract on performance of patent
representative services so that the client shall not incur damage to its rights or entitled interests.
This does not relate to the client who notifies patent representative in writing that he does not
insist on the meeting of this obligation.
Section 21
Stand-in for patent representative
(1) Within its authorisation, a patent representative may get substituted by another patent
representative to the same extent; such substitution is impossible against the will of the client.
(2) At the individual acts, the patent representative may be substituted by Assistant or another
employee of patent representative.
(3) If a patent representative that performs activity of a patent representative individually is
prevented by any obstruction to perform activity of the patent representative and unless he takes
another measure for the protection of rights or interests of his clients protected by the law, he
shall be obliged to get substituted by another patent representative not later than one month
since the origin of the obstruction, after agreement with him and clients, which must be notified
by him immediately in writing; stipulation of Section 26 (1)(c) is not hereby prejudiced. If the
patent representative breaches this obligation, the Chamber with the consent of the client shall
appoint a substitute patent representative (hereinafter referred to as the “substitute patent
representative”) withal that according to circumstances of the case he shall also determine the
amount of compensation which must be provided by the patent representative to the substitute
patent representative. During the continuation of obstruction at the side of the patent
representative, the substitute patent representative shall execute in his name rights and
obligations related to the performance of activity of the patent representative.
(4) If a substitute patent representative appointed by the Chamber does not agree with the client
pursuant to paragraph 3 within one month since the date the client has been notified of his
appointment, or if the client does not take another measures within that period of time, rights and
obligations of the original patent representative shall be transferred to the substitute patent
representative in relation to the client. This relates also to the case when the substitute patent
representative has been appointed by the Chamber pursuant to Section 19 (4). The Chamber shall
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acknowledge this transfer of rights and obligations upon request of the substitute patent
representative.
(5) The contents of transfer of rights and obligations pursuant to paragraph 4 is neither the
obligation of a substitute patent representative to reimburse the damage pursuant to Section 24
nor obligation to return the things, including financial means provided by the client to the
substituted patent representative, if he has not delivered them to the substitute patent
representative. Further rights and obligations resulting from the original contractual relation
between the patent representative and client shall not be transferred to the substitute patent
representative, if the substitute patent representative could be unreasonably favoured or
disfavoured due to their transfer over the original patent representative or if the meeting of these
obligations could not be fairly required from the substitute patent representative.
(6) If a patent representative who performed activity of a patent representative individually, has
been deleted from the List or if his performance of activity of the patent representative has been
suspended and if this is necessary with regards to circumstances of the case, the Chamber shall
immediately take the necessary measures for the protection of rights and protected interests of
his clients, in particular, it may determine the substitute patent representative for the deleted
patent representative. The Chamber shall immediately inform the clients in writing on taken
measures. The stipulations of paragraphs 4 and 5 relate to this paragraph identically.
Section 22
(1) Patent representative may employ assistants in employment relation pursuant to Section 35
and other persons (hereinafter referred to as the “employee”).
(2) Employment relations between a patent representative and employees shall be governed by
the stipulations of a special regulation. 10)
Section 23
Patent representative remuneration
(1) Patent representative shall perform his activity for remuneration and he shall be entitled to ask
for a reasonable advance from the client.
(2) Patent representative shall be entitled in addition to remuneration also to compensation of
out-of-pocket expenses and compensation of time loss. Out-of-pocket expenses shall be
considered to be the expenses paid on purposes and provably in relation to the provision of patent
representative services, in particular administrative fees and other fees, travel and
telecommunication expenses and expenses for expert opinions, translations, transcripts or
extracts from public registries.
10) Labour Code as amended.
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Section 24
Liability of patent representative for damages
(1) Patent representative shall be liable to the client for damage he has caused to him in relation
to the performance of activity of a patent representative. Patent representative shall be liable for
damage caused by his activity also when the damage has been caused by his employees; possible
employment responsibility of these persons towards the patent representative shall not be
prejudiced by this stipulation 10)
.
(2) Each patent representative shall be liable towards the client per se save for cases when this is
the common client of several patent representatives. The patent representatives are liable
towards their employees and other persons together and indivisibly.
(3) Patent representative shall be freed from responsibility pursuant to paragraph 1 if he proves
that he could not have prevented the damage even while making all efforts that may have been
required from him.
Obligations of patent representative vis-à-vis the Chamber
Section 25
(1) While being entered on the List and at any time upon written request from the Chamber, a
patent representative shall be obliged to provide the Chamber with individual insurance policy on
liability caused by the execution of the activity of patent representative within 30 days. Insurance
must be in existence during entire execution of activity of the patent representative.
(2) The Chamber may conclude collective insurance policy on liability insurance for damage caused
by performance of patent representative services in favour of patent representatives entered on
the List maintained by the Chamber. If the patent representative agrees with collective insurance
for liability for damage, its obligation to present the individual insurance contract to the Chamber
pursuant to paragraph 1 shall cease. Granted consent with collective insurance policy may be
effectively recalled by the patent representative only if he at the same time fulfils its obligation
pursuant to paragraph 1.
(3) If a patent representative agrees with insurance of its liability for damage within collective
insurance policy concluded with the Chamber, it shall be obliged to pay premium to the Chamber
at the amount and by the way agreed in collective insurance policy or by established decision of
the Board of Directors of the Chamber.
Section 26
(1) Patent representative shall be obliged to notify the Chamber
a) not later than 15 days after the commencement of the performance of activity of a patent
representative its registered office, place of residence, or delivery address, method of performing
activity, as well as further data necessary for maintenance of the List that shall be determined by
professional regulations of the Chamber,
b) of the changes in data specified in Letter a) not later than 15 days since the origin of those facts,
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c) all facts that could be the reasons for the suspension of the performance of activity of a patent
representative or the reason for deletion from the List, not later than 15 days since the origin of
these facts.
(2) Upon request of the Chamber, a patent representative shall be obliged to immediately express
himself to the contents of complaint or similar submission within the proceeding, which are lead
against it in accordance with this Act and professional regulations by the Chamber at the impetus
of the other person and to provide it with a necessary explanation and required file
documentation.
Section 27
(1) Patent representative shall be obliged to duly and in time disburse the contribution for the
activity of the Chamber and to effect further payments established by the resolution of patent
representative conference pursuant to Section 51(c).
(2) The obligations pursuant to paragraph 1 which have originated during the performance of
activity of a patent representative shall not cease by deletion from the List. This does not relate to
the deletion from the List pursuant to Section 12(1)(a) and b).
(3) Pursuant to Section 52 (3)(e), on the basis of justified application the Board of Directors of the
Chamber may reduce or forgive the contribution.
Section 28
(1) Patent representative or his assistant shall be obliged to use arbitration proceeding before the
Chamber bodies in the interest of honour and seriousness of his profession sooner than the court
or other proceeding starts in the matter related to the performance of activity of a patent
representative against the other patent representative or another assistant. This does not relate
to the case when at least one of the parties to the proceeding is third person that is not patent
representative.
(2) Arbitration proceeding is usually chaired by the Chamber Chairman or another member of the
Board of Directors; details of arbitration proceeding shall be determined by professional
regulations.
PART THREE
PATENT REPRESENTATIVE OF THE EUROPEAN COMMUNITY
Section 29
(1) Patent representative of the European Community is a patent representative who is the citizen
of another Member State and is eligible to perform services of a patent representative individually
and without restriction in the country of registration.
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(2) Patent representative of the European Community may perform patent representative services
individually or in foreign patent representative company pursuant to Section 34.
(3) Patent representative of the European Community is a hosted patent representative and
resident patent representative.
Hosted patent representative
Section 30
(1) Hosted patent representative is a patent representative of the European Community who shall
be entitled to perform patent representative services on the territory of the Slovak Republic
occasionally. For the purposes of this Act and in accordance with the conditions laid down by this
Act, hosted patent representative shall be considered to be a patent representative pursuant to
this Act.
(2) While performing patent representative services on the territory of the Slovak Republic, a
hosted patent representative shall be obliged to adhere to the obligations of a patent
representative, which belong to the patent representative while performing services pursuant to
this Act, special regulations and professional regulations of the Chamber, unless otherwise
stipulated by the Act.
(3) Hosted patent representative may not be the partner in patent representative company.
(4) Hosted patent representative shall not be entitled to attend the patent representative
conference pursuant to Section 50 and may not be elected to the Chamber bodies.
(5) Hosted patent representative shall be obliged to notify the Chamber of his intention to
perform patent representative services in advance. Without notification of his intention, the
hosted patent representative shall not be entitled to perform patent representative services on
the territory of the Slovak Republic. He shall state the following in the notification:
a) name, surname, date of birth, place of business, permission on the basis of which the informant
runs business in his home country (hereinafter referred to as the “authorisation card”), and data
on residence or registered office in home country,
b) supposed time of provision of patent representative services,
c) delivery address on the territory of the Slovak Republic, and
d) data whether he is insured pursuant to Section 25.
(6) Provision of patent representative services on the territory of the Slovak Republic without
meeting obligations pursuant to paragraph 6 shall be considered to be the breach of this Act and it
shall be the reason for the commencement of a disciplinary proceeding pursuant to Section 40.
(7) Hosted patent representative shall be freed from the obligation to pay contributions pursuant
to Section 27.
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Section 31
(1) While performing patent representative services consisting in the representation and acting
before the bodies of state administration, the hosted patent representative shall be obliged to
adhere to the obligations laid down by legal regulations or professional regulations for patent
representatives.
(2) While performing patent representative services, the hosted patent representative shall be
obliged to use designation of a hosted patent representative; this designation my be expressed in
the official language of the Member State.
Section 32
Upon request, the hosted patent representative shall be obliged to furnish a proof to the Chamber
and state administration body of authorisation card and his insurance against liability for damage
that could originate in relation to the performance of patent representative services on the
territory of the Slovak Republic; authorisation card must be presented by the hosted patent
representative also with its legally certified translation into the official language6); else he shall
not be entitled to perform the patent representative services on the territory of the Slovak
Republic.
Resident patent representative
Section 33
(1) Resident patent representative is a patent representative of the European Community who is
entitled to perform patent representative services on the territory of the Slovak Republic
continuously, under the conditions and in the way laid down by this Act and who is entered on the
List pursuant to Section 5.
(2) Resident patent representative shall be obliged to adhere to the obligations of a patent
representative pursuant to this Act, generally binding regulations, and professional regulations of
the Chamber.
(3) Resident patent representative may attend patent representative conference and to vote on all
basic matters of patent representatives.
(4) The deletion of a resident patent representative from the List and the suspension of activity of
a patent representative shall be identically subject to the stipulations of Section 9 and 12.
(5) Resident patent representative may be the member of a patent representative company
pursuant to Section 15.
Section 34
Foreign patent representative company
Foreign patent representative company is a foreign legal entity 11)
16
a) which is authorised to perform patent representative services in the Member State,
b) which partners are only patent representatives or resident patent representatives, and
c) which is insured against liability for damage which could originate while performing patent
representative services.
PART FOUR
ASSISTANT
Section 35
(1) Assistant is a legal person preparing for the execution of patent representative profession and
entered on the List of patent representatives (hereinafter referred to as the “List of Assistants”).
(2) Assistant shall practise with a patent representative, in patent representative company or
foreign patent representative company, which target shall be to obtain knowledge and experience
necessary for activity of a patent representative under the direction and supervision of patent
representative.
(3) While practising, the assistant shall be obliged to proceed in accordance with this Act,
professional regulations and patent representative instructions.
(4) Stipulations of Section 17, 18 and 28 shall be applied to the assistant in the same way.
(5) Assistant shall be entitled to attend patent representative conference pursuant to Section 50
without voting right and suffrage.
Section 36
(1) The Chamber shall enter on the List of assistant the assistant on the basis of proposal of a
patent representative, patent representative company or foreign patent representative company
and accompanying documents not later than two months since the delivery of proposal as at the
later date specified in the proposal that
a) has capacity for legal acts,
b) is impeccable,
c) has obtained first-level university education at the university in the Slovak Republic1) or has
recognised document of first-level university education issued by foreign school,
d) has not been disciplinary punished by the deletion of assistants or he is looked at as if this
disciplinary measure has not been imposed on him,
e) is employed with a patent representative, patent representative company or foreign patent
representative company, which scope of business is the performance of patent representative
services, while he does not perform concurrent employment, profession or activity, besides which
he cannot perform any other gainful activity pursuant to special regulations, and he is not the
employee of the Chamber.
(2) After the entry on the List of Assistants, the Chamber shall issue the assistant card.
(3) For the purposes laid down in Section 4(d), the time of practice shall be counted from the date
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of registration in the List of Assistants; this time shall not include the duration of fundamental
military service, civil service or substitute service, maternity leave and parental leave, time-off
without the compensation of salary provided by employer and time of sick leave within the scope
of more than three months during the practising.
(4) The Chamber shall suspend the practising of an assistant on the basis of his written application.
The practising shall be suspended for the assistant if he has been taken to prison, if he has started
the execution of punishment of imprisonment or if has been imposed the punishment of banning
the activity consisting in the ban of practising of assistant, or his practising may be suspended due
to the reasons laid down in Section 9(2).
(5) The Chamber shall delete from the List of Assistants the assistant if it finds out that
a) he does not meet any of the conditions specified in paragraph 1,
b) has been imposed a disciplinary measure of deletion from the List of Assistants, as of the date
of entry into force of the decision on imposition of this disciplinary measure,
c) has submitted written application to the Chamber for deletion from the List of Assistants, as of
the date of delivery of the application to the Chamber.
(6) Deletion from the List of Assistants or suspension of performance of practice shall be subject to
the stipulation of Section 10 (2)(b), Section 11 and 13 in the same way.
Section 37
(1) The Chamber shall enter on the List of Assistants the following data:
a) name, surname and title of an assistant, date of birth and residence,
b) data on employer, his name and surname, business name of a patent representative company
or foreign patent representative company and registered office, residence or delivery address
pursuant to Section 16,
c) date of entry of the assistant on the List of Assistants,
d) date of deletion of the assistant from the List of Assistants,
e) set-off of time from the previous registrations in the List of Assistants and time that is not
considered to be the execution of practice pursuant to Section 36(3).
(2) Assistant shall be obliged to notify the Chamber of
a) changes of all data registered in the List of Assistants not later than 15 days after they have
occurred,
b) all facts that could be the reason for the deletion from the List of Assistants, not later than 15
days after they have occurred.
(3) Assistant may be entered on the List of Assistants also repeatedly.
(4) The List of Assistants shall be available to the public.
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Section 38
Patent representative, patent representative company or foreign patent representative company
that employs an assistant shall be obliged to created such working conditions for the assistant that
shall allow him due preparation for this profession; in particular, the assistant must be allowed to
attend trainings in the field of industrial property right organised on the territory of the Slovak
Republic, due preparation for the patent representative examination, as well as its participation in
professional examination.
PART FIVE
DISCIPLINARY RESPONSIBILITY AND DISCIPLINARY PROCEEDING
Section 39
Disciplinary offences and disciplinary measures
(1) Disciplinary offence is a culpable breach of the obligations resulting from this Act.
(2) For a disciplinary offence, a patent representative may be imposed any of the following
disciplinary measures:
a) written reprimand,
b) public reprimand,
c) fine up to twenty minimal monthly salaries stipulated by the special regulation 12)
, profit from
fine shall be the income of the Chamber,
d) suspension of activity for six months to three years,
e) deletion from the List.
(3) For a disciplinary offence, an assistant may be imposed any of the following disciplinary
measures:
a) written reprimand,
b) public reprimand,
c) fine up to four minimal monthly salaries stipulated by the special regulation 12)
, profit from fine
shall be the income of the Chamber,
d) deletion from the List.
(4) Responsibility for the disciplinary offence shall be assessed according to generally binding legal
regulations in force at the time when it has come to the disciplinary offence; it shall be assessed
according to later generally binding legal regulations only if it would be more favourable for the
disciplinary accused.
(5) Patent representative or assistant against whom they held the disciplinary proceeding may be
imposed only such a type of disciplinary measure that may be imposed in accordance with the law
effective at the time when the disciplinary measure is decided upon; while imposing disciplinary
measure, the Disciplinary Commission shall take into account in particular the scope and character
of breached obligation, method of acting and consequence and level of fault.
12) Act of the National Council of the Slovak Republic No. 90/1996 Coll. on Minimal Salary, as amended.
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(6) The Disciplinary Commission may refrains from the imposing of the disciplinary measure for a
disciplinary offence if the discussion of disciplinary offence is considered to be sufficient with
regards to less serious character of breached obligation, method of acting and level of fault.
Section 40
Disciplinary proceeding
(1) Disciplinary proceeding shall commence upon proposal of Revision Commission Chairman, the
member of Revision Commission authorised by him or the Chairman of the Office (hereinafter
referred to as the “complainant”). The parties in disciplinary proceeding are the complainant and
patent representative or assistant against whom the disciplinary proceeding has started.
(2) The proposal for the commencement of disciplinary proceeding may be filed in writing within
six months since the date the complainant has learnt of the disciplinary offence, however within
three years since the date when the disciplinary offence has occurred at the latest.
(3) The complainant shall be entitled to authorise another patent representative after agreement
by making preparatory steps necessary for the verification whether there has come to the
disciplinary offence; such authorised patent representative has, as far as the written material and
other documents of patent representatives and assistants are concerned, authorisation of the
member of the Disciplinary Commission save for the voting right.
(4) Patent representative or assistant against whom the disciplinary proceeding is held, may be
represented in the disciplinary proceeding by an advocate.
(5) Patent representative or assistant against whom the disciplinary proceeding is held has the
right to defend himself and to express himself to all facts he has been accused of, he is entitled to
proposed proofs.
Section 41
(1) Patent representative or assistant against whom the disciplinary proceeding is held shall bear
the costs that he has incurred as the party in the disciplinary proceeding. The Chamber shall bear
the costs related to the activity of Revision Commission and the Disciplinary Commission including
costs related to the execution of argumentation.
(2) If the Disciplinary Commission decides that patent representative or Assistant against which
the disciplinary proceeding is held has committed a disciplinary offence, he shall be imposed an
obligation to disburse to the Chamber the fees of proceeding of minimal monthly salary stipulated
by the special regulation 12)
.
(3) The Chamber shall reimburse out-of-pocked expenses and compensation of lost profit to the
witness. The entitlement must be claimed with the Chamber within three days since examination,
otherwise this entitlement shall cease; the witness must be made conversant with the possibility
of the cessation of entitlement.
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Section 42
The written copy of the decision on disciplinary offence must comprise the statement, justification
and instruction on appeal. Also statement on the obligation to disburse lump sum fees of
proceeding to the Chamber within 15 days since the entry into force shall be given in the
statement of the decision by which the patent representative or assistant against whom the
disciplinary proceeding is held is recognised to be responsible for the disciplinary offence. Written
copy of the decision shall be delivered to the patent representative or assistant against whom the
disciplinary proceeding is held and to the Complainant for their attention.
Section 43
(1) The party in the disciplinary proceeding may appeal against the decision of the Disciplinary
Commission within 15 days since its delivery; the appeal has deferrable effect.
(2) The appeal shall be decided upon by the Board of Directors of the Chamber, which shall either
confirm or cancel the appealed decision. If the Board of Directors cancels the appealed decision, it
shall return the matter to the Disciplinary Commission for a new proceeding. The Disciplinary
Commission shall be bound by legal opinion of the Board of Directors of the Chamber.
Section 44
(1) The decision on imposing of disciplinary measure of written reprimand shall be enforced by the
delivery of the letter of the Disciplinary Commission Chairman that comprises the written
reprimand.
(2) The decision on imposing of disciplinary measure of public reprimand shall be enforced as of
15 th
day of its publication on the official board of the Chamber.
(3) The decision on imposing of disciplinary measure of suspension of activity of a patent
representative shall be enforced as of the date when the time for suspension specified in the
decision has lapsed. This time shall start to lapse as of the date when the decision has become
enforceable; if the enforceability of the decision ha been adjourned, its lapsing shall be
suspended.
(4) The decision on imposing of disciplinary measure of deletion from the List or the List of
Assistants shall be enforced as of the date when the time for deletion specified in the decision has
expired. This time shall start to lapse as of the date when the decision has become enforceable; if
the enforceability of the decision ha been adjourned, its lapsing shall be suspended.
(5) The decision on imposing of disciplinary measure of imposition of fine shall be enforced as of
the date of disbursement of fine to the Chamber at the amount determined in the decision. If the
fine is not disbursed within the term specified in the decision, the enforcement of the decision on
the imposition of disciplinary measure of fine shall be enforced upon the proposal of the Chamber
by the court.
(6) The stipulation specified in paragraph 5 relates to the decision imposing the obligation to pay
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the fee of proceedings identically.
Section 45
For the purposes of another disciplinary proceeding, the patent representative or assistant and
the applicant for entry on the List shall be viewed as if the disciplinary measure has not been
imposed
a) as of the date of entry into force of the decision by which the imposing of disciplinary measure
has been abandoned,
b) as of the date when the decision on imposition of disciplinary measure of written reprimand or
public reprimand has been enforced,
c) after expiration of one year since the date when the decision on imposition of disciplinary
measure of fine or suspension of activity has been enforced,
d) after expiration of five years since the date when the decision on imposition of disciplinary
measure of deletion of the patent representative from the List has been enforced,
e) after expiration of three years since the date when the decision on deletion of an assistant from
the List of Assistants has been enforced.
Section 46
(1) If the disciplinary proceeding has terminated by decision that has entered into force, it is
possible to renew the proceeding against the same disciplinary accused and for the same
disciplinary offence only if the renewal of disciplinary proceeding has been approved; the renewal
of the disciplinary proceeding may not be approved if the disciplinary proceeding has been abated
by the valid decision.
(2) The proposal for the renewal of disciplinary proceeding may be submitted by its party if the
new facts of proofs arise which could not have been enforced in the disciplinary proceeding
without the party’s fault and which could lead by themselves or in connection with the facts and
proofs known already before to more favourable decision for disciplinary accused.
(3) The proposal for the renewal of disciplinary proceeding may be submitted within three months
since the date when the party in disciplinary proceeding that proposes the renewal of disciplinary
proceeding has learnt of the reason of renewal pursuant to paragraph 2, or since the date when it
could have enforced it, however not later than within three years since the decision enters into
force. The proposal shall not be allowed against the decision by which there was not decision in
the matter itself.
(4) The proposal for the approval of the renewal of disciplinary proceeding shall be decided upon
by the Chamber Disciplinary Commission. The party may appeal in writing to the presidency of the
Chamber against the decision on the proposal for the approval of the renewal of disciplinary
proceeding within 15 days since its delivery.
(5) When the decision by which the renewal of disciplinary proceeding has been approved entered
into force, all previous decisions adopted in disciplinary proceeding shall be cancelled and the
Disciplinary Commission shall discuss the matter in the newly commenced proceeding.
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Section 47
Details of disciplinary proceeding shall be determined by Disciplinary Order issued by the
Chamber.
PART SIX
SLOVAK CHAMBER OF PATENT ATTORNEYS AND ITS BODIES
Section 48
(1) The Slovak Chamber of Patent Attorneys is being established.
(2) The Slovak Chamber of Patent Attorneys is an autonomous professional organisation
associating all patent representatives entered on the List.
(3) Slovak Chamber of Patent Attorneys is a legal entity; its registered office is in Bratislava.
Section 49
(1) The Chamber Bodies are
a) Conference of Patent Representatives,
b) Board of Directors of the Chamber,
c) Chairman,
d) Revision Commission,
e) Disciplinary Commission.
(2) The Chamber in accordance with this Act issues professional regulations, while being obliged to
present them to the Office within thirty days since their adoption.
(3) The Chamber maintains the List pursuant to Section 3(1), the List of Patent Representative
Companies pursuant to Section 15, the List of Hosted Patent Representatives pursuant to Section
30, the List of Resident Patent Representatives pursuant to Section 33, the List of Foreign Patent
Representative Companies pursuant to Section 34 and the List of Assistants pursuant to Section
35.
(4) The Chamber may establish its advisory bodies. Details on the establishment and activity of
advisory bodies shall be determined by professional regulations.
(5) Membership in the individual elected Chamber bodies is mutually irreconcilable.
Conference of Patent Representatives
Section 50
(1) The supreme Chamber body is the Conference of Patent Representatives (hereinafter referred
to as the “Conference”).
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(2) The right to participate in the Conference belongs to all patent representatives entered on the
List.
(3) The Conference shall be convened by the Board of Directors at least once a year. If at least one-
third of all patent representatives ask for that, or if it is required by the Revision Commission, the
Board of Directors shall be obliged to summon the Conference, within two months since the
delivery of application. If it is not done by the Board of Directors, this authorisation shall belong to
the Revision Commission.
(4) The term of holding the Conference shall be notified by the Board of Directors in writing to all
members of the Chamber 30 days prior to the date of holding the Conference at the latest. It shall
always state the reason of the Conference and the proposal of its agenda in the notification. The
Board of Directors shall send to each Chamber member written materials intended for the
negotiation at the Conference.
(5) Patent representative may authorise in writing the other patent representative to represent
him at the Conference; the represented patent representative shall be considered to be present at
the Conference.
(6) The Conference is quorate if an absolute majority of all patent representatives is present.
(7) If the Conference is not quorate pursuant to paragraph 5, its negotiation shall be adjourned for
one hour. After its expiration it shall be quorate with the number of present patent
representatives. The validity of Conference decision is subject to the consent of an absolute
majority of the present patent representatives.
(8) The validity of Conference decisions as well as the validity of resolutions of substitute
Conference is subject to consent of an absolute majority of present patent representatives.
Section 51
The Conference shall decide upon all fundamental issues of the Chamber, in particular
a) it elects in a direct and secret ballot Chairman and Vice-Chairman, members of the Board of
Directors, Revision Commission and Disciplinary Commission for three years from amongst patent
representatives; it also dismisses the members of these bodies in a secret ballot,
b) it approves professional regulations, being the Chamber Organisational Order, Chamber
Election Order, Chamber Disciplinary Order and Code of Ethics of patent representative as well as
further professional regulations,
c) it determines the amount of contribution of power attorneys for Chamber activity as well as the
entry on the List and the List of Assistants,
d) it negotiates and adopts report on activity of the other Chamber bodies,
e) it may cancel or amend the decision of the Board of Directors save for the decisions pursuant to
Section 9 and 12,
f) it decides upon all matters it reserves save for decision in disciplinary proceeding.
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Section 52
Board of Directors
(1) The Board of Directors is the executive Chamber body and it manages its activity between the
Conferences of patent representative.
(2) The Board of Directors has five members and two substitutes; if the number of members of the
Board of Directors falls under the number specified by this Act, the Board of Directors shall be
entitled to complete the number by members from amongst the substitutes.
(3) The Board of Directors shall decide
a) upon the deletion of patent representative from the List pursuant to Section 12 and from the
List of Assistants pursuant to Section 36(5), unless this is the deletion upon his own request,
b) upon the suspension of the performance of activity of patent representative pursuant to
Section 9 and upon the suspension of Assistant practice pursuant to Section 36(4), unless this is
the suspension of activity of patent representative or assistant practice upon his request,
c) upon the designation of patent representative pursuant to Section 19(4),
d) upon remedies pursuant to Section 43,
e) upon the reduction or forgiving of a contribution for Chamber activity,
f) in all measures assigned to the Chamber, unless they shall be decided upon by the other
Chamber bodies pursuant to this Act.
(4) Furthermore, the Board of Directors
a) convene the Conference,
b) nominates examining commissioners for professional examinations of patent representatives,
c) manages the Chamber assets,
d) protects and upholds the interests of patent representatives,
e) regularly informs patent representatives of Chamber activity as well as of adopted decisions,
f) executes all measures necessary for the Chamber activity,
g) performs further activities, if they do not belong to the other Chamber bodies pursuant to this
Act.
(5) The Board of Directors shall meet at least once every three months; meetings of the Board of
Directors shall be convened by the Chairman of the Chamber.
Section 53
Chamber Chairman
(1) Chairman shall represent the Chamber externally and he shall act on its behalf in all matters;
he shall also take urgent decisions at the time between the Board of Directors meetings and he
shall manage the employees of the Chamber within the scope specified by organisational code.
(2) Chamber Chairman shall be responsible for making entries on the List, List of Assistants, List of
Hosted Patent Representatives, List of Resident Patent Representatives, List of Patent
Representative Companies, and in the List of Foreign Patent Representative Companies.
25
(3) Chamber Chairman shall be entitled to take further measures or decisions, which are entrusted
to his operation by this Act or professional regulation.
(4) Chamber Chairman shall be deputised during his absence by Chamber Vice-Chairman in full
extent.
(5) Chamber Chairman shall be stood in on the basis of his authorisation in particular cases by
Chamber Vice-Chairman.
Section 54
Revision Commission
(1) Revision Commission is the control body of the Chamber.
(2) The number of Revision Commission members and substitutes shall be determined by
Chamber disciplinary code; should the number of the members of Revision Commission falls under
the determined number, its Chairman shall complete its number from amongst the substitutes.
(3) Revision Commission
a) shall inspect the fulfilment of the Conference resolutions and it shall inspect the activity of the
Board of Directors; for that purpose, the Revision Commission must be granted an access to all
written materials of the Chamber,
b) shall supervise the due execution of activity of patent representative,
c) shall elect from amongst its members and dismiss the Revision Commission Chairman, who shall
manage activities of the Commission and file proposals for the commencement of disciplinary
proceeding.
(4) As soon as the Revision Commission reckons that the decision or another measure of the Board
of Directors is in discrepancy with the generally binding legal regulation or conference resolution,
it shall be entitled to suspend its execution; at the same time it shall be obliged to ask for the
summoning of the Conference.
Section 55
Disciplinary Commission
(1) The Disciplinary Commission shall execute a disciplinary operation determined by this Act,
Disciplinary Code and another professional regulations, in particular the Code of Ethics of Patent
Representative.
(2) The number of Disciplinary Commission members and substitutes shall be determined by
Chamber Disciplinary Code; should the number of the members of Disciplinary Commission falls
under such determined number, its Chairman shall complete the Disciplinary Commission from
amongst the substitutes.
(3) Disciplinary Commission
26
a) shall conduct a disciplinary proceeding and it shall decide on a disciplinary measure pursuant to
this Act,
b) shall elect from amongst its members and dismiss Disciplinary Commission Chairman, who shall
manage activities of the Commission.
Section 56
Common provision on Chamber bodies
(1) Positions in the Chamber bodies are honorary; only the compensation of out-of-pocket
expenses and compensation of time lost by holding the position in the Chamber bodies shall be
granted for their holding.
(2) More detailed arrangement of organisation of the Chamber, its bodies and operation of these
bodies shall be determined by the Chamber Organisational Order and another professional
regulations.
PART SEVEN
OFFICE OPERATION
Section 57
(1) Where the Office President finds out that the professional regulation of the Chamber is in
contradiction to legislation, he shall be entitled to file a proposal for its revision within two months
since its adoption.
(2) State supervision over the activity of the Chamber shall be made by the Office.
PART EIGHT
COMMON, TRANSITIONAL, AND FINAL PROVISIONS
Common provisions
Section 58
The Chamber shall issue professional regulations; the date of their approval by the Conference
shall be considered to be their entry into force.
Section 59
When acting pursuant to this Act, generally binding regulations on administrative proceeding 13)
shall apply as appropriate, unless otherwise stipulated by this Act.
13) Act No. 71/1967 Coll. on Administrative Proceeding (Administrative Code), as amended.
27
Section 60
Patent representative or assistant who assume that their rights resulting from this Act have been
breached shall be entitled to turn to the court in order to decide on his rights.
Section 61
Authorising provision
Details on the course of professional examination pursuant to Section 6, details on the course of
Eligibility Examination pursuant to Section 7, method of determination of remuneration of patent
representatives pursuant to Section 23(1), conditions for the determination of compensation of
out-of-pocket expenses and compensation for time loss pursuant to Section 23(2) shall be
stipulated by generally binding legal regulation to be issued by the Office.
Transitional provisions
Section 62
(1) Patent representative registered in the registry kept pursuant to existing regulations is the
patent representative pursuant to this Act; the Chamber shall issue a certificate to him on entry on
the List and patent representative card without an application.
(2) University education pursuant to Section 4(1)(c) and Section 36 (1)(c) shall be considered to be
also university education acquired at the university with the registered office on the territory of
the Czech and Slovak Federative Republic or its legal predecessors.
(3) Professional examination passed pursuant to existing regulations shall be considered to be the
professional examination pursuant to this Act.
(4) Confirmations of the entry on the List issued pursuant to existing regulations shall cease
validity by issuance of the certificate pursuant to this Act.
Section 63
(1) In the proceeding on disciplinary measure against a patent representative started pursuant to
existing regulations, they shall proceed pursuant to this Act; when determining a disciplinary
measure, existing legal regulations shall be used, as soon as it would be more favourable for the
disciplinary accused person. They shall analogically proceed also in the proceeding on dismissal
and renewal of proceeding.
(2) In the proceeding on suspension of activity of a patent representative or deletion from the List
started pursuant to existing regulations, they shall proceed pursuant to this Act.
(3) In the proceeding on entry on the List and registration of changes on the List started pursuant
to existing regulations, they shall proceed pursuant to this Act.
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Section 64
(1) Rights, obligations, and assets of Patent Representative Chamber established under existing
legal regulations, including the rights and obligations from employment relations shall be
transferred as of the date of entering into force hereof to the Chamber established pursuant to
this Act.
(2) The Chamber bodies and Chamber advisory bodies elected pursuant to existing regulations
shall perform the activity as Chamber bodies pursuant to this Act till the end of their tenure.
(3) Professional regulations adopted by the Chamber bodies pursuant to existing regulation shall
remain valid till the adoption of professional regulations pursuant to this Act, however till holding
next Conference at the latest.
Section 65
Final provisions
The following shall be repealed:
1. Act No. 237/1991 Coll. on Patent Attorneys, as amended by the Act of the National Council of
the Slovak Republic No. 90/1993 Coll.,
2. Federal Patent Office Decree No. 350/1991 Coll. on Remuneration of Patent Attorneys.
Chapter II
Act No. 444/2002 Coll. on Designs shall be complemented as follows:
Section 49 shall be complemented by paragraph 7 reading:
”(7) Enforceable decision of the Office for Harmonisation in Internal Market pursuant to a special
regulation 14)
shall be provided with an acknowledgement of enforceability 15)
by the Office.”
Footnotes to references 14 and 15 shall read as follows:
” 14)
Section 71 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs. 15)
Section 275(1) of Civil Court Code.”
Chapter III
Deleted from 1 January 2010
29
Chapter IV
Entry into force
This Act shall enter into force on 1 July 2004.
Act No. 330/ 2007 Coll. entered into force on 1 January 2008
Act No. 506/ 2009 Coll. entered into force on 1 January 2010
Rudolf Schuster s.m.
Pavol Hrušovský s.m.
Mikuláš Dzurinda s.m.