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Recognition of professional qualifications in design and trade mark representation acquired abroad
Professionals who wish to pursue the regulated profession of a design and trade mark representative in the Republic of Slovenia and have acquired their professional qualifications in one of the Member States of the European Union, the European Economic Area or the Swiss Confederation may submit the application for the recognition of professional qualifications to the Ministry of Economic Development and Technology, competent to conduct the procedure for the recognition of professional qualifications for practising the profession of a design and trade mark representative. Candidates' competence to pursue the regulated profession is assessed in a special declaratory procedure that focuses on professional competencies rather than on their education acquired abroad. If the profession is not regulated in the country of origin of the qualifications, candidates have to meet the requirement of having pursued the activity concerned for one year during the previous ten years or completed regulated education and training geared to the pursuit of the profession. Candidates who meet the education and training requirements in the country of origin of the qualifications have their professional qualification for pursuing a particular profession recognised provided there are no major derogations from the requirements laid down for the pursuit of the profession in the regulations of the Republic of Slovenia. If the Ministry establishes in the procedure that the professional qualifications of a candidate derogate extensively from national requirements, candidates can be required to carry out one of the compensation measures, i.e.:
- an adaptation period, during which they fulfil the missing requirements; or
- an aptitude test.
After examining the application and the attached supporting documents on the acquired professional qualifications and subject to national regulations, the Ministry of Economic Development and Technology issues:
- a decision on the recognition of professional qualifications;
- an interim decision (in the case of a compensation measure); or
- a decision rejecting the recognition of professional qualifications.
The applicant who is issued a decision on the recognition of the professional qualification of design and trade mark representative shall obtain the right to pursue a certain regulated profession in the Republic of Slovenia when he/she fulfils the other conditions laid down by the law. The design and trademark representative is subject to registration in the register kept by the Slovenian Intellectual Property Office.
When paying the fee using a universal payment order (UPN), please specify:
- Purpose of payment: ADMINISTRATIVE FEE FOR RECOGNITION OF PROFESSIONAL QUALIFICATIONS
- Name: ADMINISTRATIVE FEES
- Street: Župančičeva 3
- Town: LJUBLJANA
- Account No: SI56 0110 0100 0315 637
- Reference: 11 33308-7111002-6010
There is no appeal against a decision issued by the competent ministry, though an administrative dispute may be initiated. An administrative dispute is commenced by an action.
The action is to be lodged directly with the Administrative Court of the Republic of Slovenia, Fajfarjeva 33, 1000 Ljubljana, during office hours or in due time by registered mail. If the action is sent by registered mail, the date of posting is considered the date of delivery to the court. Two copies of the administrative act challenged and two copies of the action – either as transcription or copy – are to be attached.
The time limit to bring the action is 30 days from the service of the decision that concluded the procedure.
Pursuant to the Courts Fees Act (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos 37/08, 97/10, 63/13, 58/14 – Constitutional Court Decision, 19/15 – Constitutional Court Decision, 30/16, 10/17 – ZPP-E, 11/18 – ZIZ-L and 35/18 – Constitutional Court Decision), a court fee under Heading No. 6111 in the amount of EUR 148 is to be paid when the action is brought. The court fee payment is to be made to bank account No. 01100-8450088976.