General Terms of Use for the Webregisters

 

Introductory Provision

The Industrial Property Office of the Slovak Republic (hereinafter referred to as the IPO SR) makes available on its website www.indprop.gov.sk selected data from registers of industrial property rights (trade marks, designs, patents, utility models, supplementary protection certificates, European patents with designation for the Slovak Republic), which keeps and administers in accordance with the relevant legal provisions1. Selected data in question are made available in a database called Webregisters.

By using data from the Webregisters (including actual viewing of the content) the user acknowledges and accepts these General Terms of Use for the Webregisters.

The IPO SR reserves the right, without prior notice, to amend these General Terms at any time. The wording of the General Terms published on the website of the IPO SR is always relevant.

 

Basic Principles on the Use of the Webregisters

The information contained in the Webregisters can be searched, browsed, used and distributed by any person without the consent of the IPO SR, provided that the use is not for commercial purposes, that when downloading and distributing of these data the IPO SR will be indicated as a source of information and that downloaded content in question will not be modified in any way, unless  otherwise indicated hereinafter.

Nobody is authorised to remove, distort, garble  or otherwise modify the data contained in the Webregisters or placed on the pages on which the Webregisters are available. Nobody shall in this connection act in a way that would threaten or harm the reputation of the IPO SR. When using the data from the Webregisters it is not permitted to withdraw or modify the logo of the IPO SR.

Webregisters users are obliged to refrain from any action that could violate or threaten the security of the system. Users are also required to refrain from any act that would hamper access to the Webregisters or restrict their use by other users.

Use of the Webregisters and of the website from which the Webregisters are available contrary to these General Terms or contrary to generally binding legal regulations of the Slovak Republic may result in civil2, criminal3 or copyright liability4.

 

Third Party Rights

These General Terms shall not affect the rights of third parties. If there is data, which may affect the rights of third parties (images, layouts, logo, trade marks), indicated within the Webregisters, any person, who uses such data, is solely responsible for any infringement of third party rights.

 

Specific Terms of Use for the Webregisters and the Responsibility of the IPO SR

Providing the public with free access to selected data from registers of industrial property rights is the main purpose and effect of the Webregisters.

The IPO SR tries to keep all information mentioned in Webregisters correct and up to date. If the IPO SR finds any deficiencies in this respect, it makes every effort to respond quickly to remedy these deficiencies.

Notwithstanding the foregoing, the data mentioned in Webregisters serve for informational purposes only and do not substitute extract from the register under the relevant legal provisions1.

The IPO SR is not responsible for information posted in Webregisters, for their accuracy and timeliness; this shall not affect provisions of a special law5. The IPO SR is not responsible for any inaccuracies or omissions of websites on which the Webregisters are available.

The IPO SR is not responsible neither for the accuracy, completeness and timeliness of data and information on the legal status of patents granted by other authorities than the IPO SR.

The IPO SR reserves the right at any time, without prior notice, to make corrections, changes or additions to the Webregisters and other data published on the websites on which the Webregisters are available.

The IPO SR is not responsible for any decision taken by a user based on data obtained from the Webregisters.

The IPO SR is not responsible for any damages or losses incurred in relation to a use of data contained in Webregisters, respectively in relation to their unavailability.

The IPO SR is not responsible for any damage, losses or expenses incurred in connection with the use of websites on which the Webregisters are available in relation to their malfunction, malfunctioning of operating failures, unauthorized changes to data, delayed transfer of information, computer virus action, system or line failure or in connection with other similar causes.

The IPO SR is not responsible for any damage that may occur or arise to Webregisters user in connection with their use. Expressly the IPO SR is not responsible for any loss of profits or income, loss of a computer program, data loss, costs necessary for the recovery of lost programs or data, costs for replacement programs, neither for any other damage incurred or may be incurred to third parties in relation to using such software.

The IPO SR is not responsible for the content or the consequences of connection to third-party websites to which there are links from the website of the IPO SR. The use of such websites, the use of their services and software products is on the own responsibility of the user of the Webregisters.

 

Copyright and Special Rights to Database

Webregisters, their text, image or audio content, and the content of the website from which the Webregisters are available, are protected under the valid copyright regulations4. All information disclosed therein are owned or administered by the IPO SR or by a third party who is the author or provider.

Even without a specific permission the IPO SR or a respective holder of the rights any person may use information obtained from Webregisters provided that there is no use for commercial purposes, that in the distribution and reproduction of this information the information will be indicated in such form, as published, and that also the source of this information will be indicated.

If the information obtained from Webregisters is used so that the result is an editing or other modification, the user must ensure that

-          in a modified information it will be indicated in an obvious way what change occurred compared to the original form of this information,

 

-          the author or the provider of the information will be indicated, whichever the case may be, and shall also include a source of information (Webregisters or website of the IPO SR),

 

-          the right to reproduce or distribute this modified information by third parties remains preserved in the same range as identified above.

 

The right to use Webregisters data from the website, from which the Webregisters are available, does not include the right of users to copy the entire contents of data therein, or a substantial part6 thereof, or does not include the right to copy the data structure or database software of the IPO SR.

 

Any other use of data obtained from Webregisters than allowed pursuant to these General Terms is possible only with the prior written consent of the of the IPO SR.

 

Privacy

The IPO SR in providing access to the data of the Webregisters ensures compliance with the Act no. 122/2013 Coll. on the protection of personal data and on amendment of certain laws.

Access to the website of the IPO SR, from which the Webregisters are available, may be associated with the recording of certain data about the user of the Webregisters such as IP address, moving through the page, software used, time spent for viewing the site. These data may be used solely for the purpose of evaluating the visit rate of the website and not for user identification. The IPO SR states that in this respect there is no systematic tracking of individual users' IP addresses, or activities carried out by these users. Users acknowledge that overall non-personal statistics about users of the Webregisters, and the necessary information about the visited websites may be provided to trustworthy third parties, but these statistics will include no personal identifying information.

If the user, in order to use the Webregisters, gives to the operator of the Central Government Portal on the website www.slovensko.sk his personal information (i.e. logs in), thus also gives an explicit consent to storing and processing data under Article XII General conditions of operation of the Central Government Portal. All personal data provided by users (such as name, address, identification number, etc.) will be kept confidential and will be stored and processed primarily for that purpose, for which they were collected, and will be provided only to the responsible processor (intermediaries7). Personal data will not be disclosed to third parties or published or generally made available without the express consent of the user, except as provided by special law8.

 

[1] Article 57 of the Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on amendment of other acts (The Patent Act) as amended.

  Article 48 of the Act No. 444/2002 Coll. on Designs as amended.

  Article 29 of the Act No. 469/2003 Coll. on Designations of Origin for Products and Geographical Indications for Products and on amendment of some acts.

  Article 55 of the Act No. 517/2007 Coll. on Utility Models and on amendment of some acts.

  Article 41of the Act No. 506/2009 Coll. on Trade Marks.

2 Act No. 40/1964 Coll. - Civil Code as amended. 

3 Act No. 300/2005 Coll. – Criminal Code as amended.

4 Act No. 618/2003 Coll. on Copyright and Rights Related to Copyright (Copyright Act)  as amended.

5Article 52 of the Act No. 305/2013 Coll. on the Electronic Form of Governance Conducted by Public Authorities and on amendments and supplements to other acts (e-Government Act).

6 Articles 72 to 76 of the Act No. 618/2003 Coll.

7Article 8 of the Act No.122/2013 Coll. on Personal Data Protection as amended by Act no. 84/2014 Coll.  

8 Article 10 of the Act No.122/2013 Coll. on Personal Data Protection as amended by Act no. 84/2014 Coll.