NATIONAL




INTELLECTUAL



PROPERTY



STRATEGY



2030





NATIONAL INTELLECTUAL


PROPERTY STRATEGY

2030

Electronic edition



Original title:

Nacionalna strategija intelektualne lastnine do leta 2030



Published by:

Slovenian Intellectual Property Office

on behalf of the Government of the Republic of Slovenia



Prepared by:

Governmental working group, with the assistance

of the World Intellectual Property Organisation (WIPO)



Edited by:

Slovenian Intellectual Property Office



Translation and Proofreading:

The Secretariat-General of the Government

of the Republic of Slovenia



Design:

Boštjan Lešnjak, sipo



First published:

Ljubljana, november 2024



The National Intellectual Property Strategy 2030 was adopted by the Government of the Republic of Slovenia on 19 June, 2024 (decision no. 31200-1/2024/3).



Kataložni zapis o publikaciji (CIP)

pripravili v Narodni in univerzitetni knjižnici v Ljubljani

COBISS.SI-ID 214934531

ISBN 978-961-6083-21-8 (PDF)





TABLE OF CONTENTS




1. INTRODUCTION 5



2. METHODOLOGY OF THE DEVELOPMENT

OF A NATIONAL IP STRATEGY 9



3. SUMMARY OF THE ANALYSIS 11



4. VISION, MISSION, VALUES

AND GUIDING PRINCIPLES 19



5. GENERAL GOAL AND STRATEGIC OBJECTIVES 23



6. MEASURES AND KEY ACTIVITIES 25



7. IMPLEMENTATION STRUCTURE FOR

THE IMPLEMENTATION OF THE NATIONAL

IP STRATEGY 37



8. MONITORING AND EVALUATION 39



ANNEX 42



• The entrepreneurship and innovation ecosystem in Slovenia 43



• List of acronyms 44





1. INTRODUCTION




Slovenia recognises the key role of intellectual property (IP) and intel-lectual assets in fostering innovation, creativity and knowledge-sharing and the importance of their strategic management in improving the likelihood that this knowledge will reach the market while delivering so-cietal benefits. IP is an important means of encouraging companies and individuals to innovate and be creative in a wide range of fields, including science, technology, art, literature and industry. A well-functioning and balanced system of IP protection is one of the keys to the development of innovation and creativity, which are among the main drivers of economic development in a knowledge-based economy.



Intellectual assets include all results or products derived from research, innovation and other creative activities, whether or not they can be pro-tected by IP rights.1 In the present document, IP refers to a type of proper-ty that arises from the human intellect or reason and is eligible for legal protection. IP rights primarily include patents, supplementary protection certificates, industrial designs, trademarks, geographical indications, copyright and related rights, topographies of integrated circuits, plant variety rights, and registered names of companies.2 In addition to these formal IP rights, there are informal IP rights strategies, in particular secre-cy (trade secrets, hidden knowledge), publication and an innovation man-agement strategy that waives the use of proprietary rights – this Strategy also addresses these where appropriate.



The National IP Strategy for Slovenia reflects a commitment to exploiting IP for national development, to preventing unauthorised use or infringe-ment of IP rights, and to striking a reasonable balance between the rights of innovators, creators and users and wider societal interests (public interest).



1 https://research-and-innovation.ec.europa.eu/research-area/industrial-research-and-

innovation/eu-valorisation-policy_en

2 https://www.gov.si/en/policies/business-and-economy/intellectual-property/



5

As a member of the European Union (EU) and with a favourable strategic position in Central Europe, Slovenia can exploit the potential of IP as a factor of competitiveness. A well-educated workforce, advanced infra-structure and a strong legal system provide the right foundations for an effective IP ecosystem that fosters innovation and creativity, which are fundamental factors for economic development in a knowledge-based economy. The National IP Strategy contains a set of measures designed and implemented by the Government of the Republic of Slovenia and oth-er stakeholders to promote and facilitate a coordinated approach to the effective creation, development, management and protection of IP at the national level, with the aim of fostering the country’s development. This strategy thus links IP development to the country’s technological, legal and institutional framework.



As an overarching strategy, the National IP Strategy does not address the specificities of individual forms of IP protection. Preparation is based on a horizontal approach, while implementation will be based on a com-bination of horizontal and sectoral approaches (mainstreaming IP into sectoral strategies, programmes, resolutions and action plans). IP is an integral part of public policies, especially in the areas of innovation pro-motion (scientific research and innovation policy), creativity (promotion of the Slovenian cultural and creative sector), digital transformation, in-dustrial policy, cultural policy, agricultural policy and educational policy, and without appropriate public policies, the impact of IP on the economic and social development of Slovenia will be limited.



The Strategy will ensure that public policies and legislative initiatives at the national level work in a coordinated manner, taking into account the commitments and objectives set out in the Slovenian Development Strat-egy 2030. At the same time, the Strategy is also a mechanism for raising IP-related issues (new technologies, copyright and related rights, open innovation and open science, balancing the private and public interests, etc.) and finding consensus on answers to the questions raised.



6

Increased awareness of the importance of IP and the strengthening of this area will contribute to the achievement of the national development goals enshrined in the Slovenian Development Strategy 2030, specifi-cally Goal 6: “Competitive and socially responsible entrepreneurial and research sector”. The Strategy is also directly or indirectly linked to the following objectives of the Slovenian Development Strategy 2030:



• Goal 2: Knowledge and skills for a high quality of life and work,



• Goal 4: Culture and language as main factors of national identity,



• Goal 8: Low-carbon circular economy, and



• Goal 12: Effective governance and high-quality public service.



7





2. METHODOLOGY OF



THE DEVELOPMENT OF



A NATIONAL IP STRATEGY



The Strategy has been prepared with the technical assistance of the World Intellectual Property Organization (WIPO) and in accordance with its meth-odology for the preparation of national IP strategies.3 The basis for the development of the measures is an analysis made in 2023 by the Institute for Economic Research on behalf of the Intellectual Property Office of the Republic of Slovenia (SIPO). The national IP strategies of Finland, Austria, Japan, South Korea, Singapore, Australia and Canada have also been used as a model for the measures. These strategies stress the importance of aware-ness-raising, training and education, the need for an effective IP ecosystem, the issue of impact of new technologies on IP management (e.g. artificial intelligence, blockchain, the Internet of Things and quantum computing), and the importance of internationalisation, taking into account the na-tional context, while focusing on supporting innovation and creativity and providing support in particular to those beneficiaries who do not yet make sufficient use of the potential of IP (SMEs, young people, women, the cul-tural and creative sectors (CCS), and other beneficiaries such as vulnerable groups). Thus the Slovenian strategy is also based on Slovenia’s integration into the international framework (especially the EU) while taking into ac-count Slovenian specificities where possible and sensible. The main target group of the National Strategy are the ministries, while the main benefi-ciaries, as in the national IP strategies of other countries, are SMEs, the CCS, cultural workers, young people and women.



The proposed measures were developed in cooperation with the Govern-ment Working Group for the Preparation of the National IP Strategy 2030 and tested in three workshops with stakeholders from business, science, education and the CCS. The proposed measures were also discussed in meetings with WIPO representatives.



3 https://www.wipo.int/publications/en/details.jsp?id=4522



9





3. SUMMARY OF THE ANALYSIS




The Institute for Economic Research was commissioned by SIPO to prepare an Analysis of the Intellectual Property Situation in Slovenia in 20234. The information gathered includes key data on the field of IP in Slovenia, an overview of relevant strategic documents, current legislation, administra-tive, judicial and support structures for innovation and creativity, and oth-er relevant information. In terms of methodology, the analysis followed the guidelines made by WIPO specifically for the development of national IP strategies5. Accordingly, in addition to the analysis of the literature and data, the focus was on consultation with stakeholders – both within and outside the Working Group for the Preparation of the National IP Strategy 2030, established by the Government of Slovenia in November 2022.



The main findings of the analysis are as follows:



• Slovenia has a relatively well-functioning IP management support

system. In its audit Patent Protection in the Republic of Slovenia, the

Court of Auditors found that the responsible ministry did not pay suf-

ficient attention to IP;

• there are relatively few cases of judicial protection in the field of IP,

which results in insufficient case-law. Further analysis would be need-

ed to examine the issue more broadly;

• IP statistics in Slovenia do not show encouraging trends, especially

for certain IP rights, with a downward trend in the numbers of trade-

mark applications (both national and international trademarks filed

by Slovenian applicants and international trademarks filed under

the Madrid Agreement Concerning the International Registration of

Marks) and design applications in recent years. One bright exception is

the number of applications filed by Slovenian applicants for EU trade-

marks, which is increasing significantly. Data on patent applications



4 Kavaš, Murovec & Koman, 2023:

https://www.ier.si/analiza-stanja-na-podrocju-intelektualne-lastnine-v-sloveniji-2/.

5 WIPO, 2020: https://tind.wipo.int/record/42305/files/wipo_pub_958.pdf?ln=en.



11

per million inhabitants from the European Patent Office show that Slo-

venia lags behind most developed European countries;

• Slovenia lags behind internationally in innovation indices/indicators. In

terms of its ranking on the Global Innovation Index6, it showed a slight

but steady downward trend from 2018 on – dropping from 30th place in

2018 to 33rd place in 2023. However, according to the European Innova-

tion Scoreboard7, Slovenia’s innovation performance is improving (by al-

most 3 percentage points between 2016 and 2023), albeit at a slower pace

than the EU average (by 8.5 percentage points over the same period);

• the entrepreneurship and innovation ecosystem is fragmented (large

number of support organisations, unclear roles and relationships be-

tween organisations, limited IP competences);8

• there is a gap between the structure of the economy and the protection

of IP rights in Slovenia. In terms of the share of GDP and employment

generated by patent-intensive industries, Slovenia’s share of 22.5% of

GDP and 15% of employment in 2017–2019 was well above the EU-27

average (17.4% of GDP, 11% of employment). Over the same period,

Slovenia also slightly outperformed the EU-27 average in terms of the

shares of GDP (by 1 percentage point) and employment (by 2 percent-

age points) generated by trademark-intensive industries;9

• awareness of the importance of IP in the economy and public sector is

weak. Particularly problematic are SMEs, especially micro-enterprises. IP

rights are managed by a very small proportion of SMEs. By comparison,

IP rights management shares in large companies are on average three

to four times higher. According to the survey, companies used trade

secrets in the highest proportions of all IP categories (4%, 6% and 15%

of all small, medium and large companies respectively).10 In most SMEs,



6 https://www.wipo.int/edocs/pubdocs/en/wipo-pub-2000-2023/si.pdf.

7 https://research-and-innovation.ec.europa.eu/statistics/performance-indicators/

european-innovation-scoreboard_en?prefLang=sl

8 The complete entrepreneurial-innovation ecosystem is presented graphically in the Annex.

9 https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/

documents/reports/IPR-intensive_industries_and_economic_in_EU_2022/

2022_IPR_Intensive_Industries_FullR_en.pdf.

10 A study by the European Commission has shown that many companies do not fully understand

the concept of a trade secret or the difference between an actual secret and a trade secret and

the related scope of legal protection (https://op.europa.eu/en/publication-detail/-/publication/

c0335fd8-33db-11ed-8b77-01aa75ed71a1/language-en/format-PDF/source-267469968).



12

there is no organisational infrastructure in place to target the prepara-

tion, protection and commercialisation of IP. Despite the relatively poor

general picture, some Slovenian companies have been very successful in

bringing their business ideas to life with the help of IP rights;11

• in Slovenia, as in the EU as a whole, IP is generally not recognised as an

asset of a company that could be used as collateral (e.g. for obtaining a

loan), with the exception of some well-established trademarks on the

market (as can be seen from the trademark information database at

SIPO). One reason for this is the lack of generally accepted standards

for valuing IP. Appropriate valuation of IP would encourage both debt

and equity financing;

• in the Slovenian CCS, IP protection is a problem for creators, who often

lack the knowledge and means to resolve disputes, while awareness and

respect for these rights is too low among other actors and the general

public. Successful development and a good product or service on the

market are not a decisive advantage over the competition if they are not

also adequately protected and if we are not able to enforce the IP rights

we have acquired. In the area of the CCS, the small size of the sector

or the lack of appropriate intermediate specialised players in the value

chain to help creators manage their IP rights is also a major problem;



• there is a lack of relevant IP competences in both business and the pub-

lic sector;



• IP governance is regulated by a number of international and strate-

gic documents, but there is as yet no national IP governance strategy

in Slovenia. There are a few successful public policy measures, such

as the voucher for patents, designs and trademarks, tendered by the

Slovenian Enterprise Fund. In addition, Slovenian beneficiaries have

access to EU-level grants (e.g. the SME Fund) and the possibility to ben-

efit from an 80% reduction in the fee for searches in the field of patent

protection, which is provided by the European Patent Office under an

agreement with SIPO;



11 https://www.gov.si/assets/ministrstva/MVZI/Znanost/CRP/Vrednotenje-intelektualne-

lastnine-kot-podlaga-za-predlog-dolgorocno-vzdrznega-modela-drzavnih-pomoci-za-

spodbujanje-sodelovanja-znanosti-in-gospodarstva.pdf.



13

• awareness of IP rights is lacking among the general public, as is respect

for IP rights (e.g. use of counterfeits and access to digital content from

illegal sources), both in business and in the public sector;

• tax incentives or support for the protection of IP rights (business enti-

ties) are relatively scarce. It is easier for companies to obtain and claim

tax relief on investments in equipment, employment of people with

disabilities, donations, etc. than on research and development;

• there is a lack of data and research that would allow a more detailed

analysis and monitoring of the situation in the field of IP management

in Slovenia (e.g. public awareness of IP, knowledge of IP rights, barriers

for potential applicants, costs and benefits of IP rights, IP management

strategies in companies, analysis of the market performance of patents,

analysis of the causes of (negative) trends in the field of IP, evaluation of

the effectiveness of ministries’ support measures, etc.);

• there is a lack of IP content at all levels of education (awareness raising)

and in higher education (professional skills). Although the curricula

for primary and secondary schools already contain some content on IP,

it would be reasonable to incorporate it more systemically, while only

some faculties have compulsory courses on IP (the European Faculty

of Law, the Faculty of Pharmacy) and some have elective courses (e.g.

the faculties of law in Ljubljana and Maribor, the Catholic Institute, the

Faculty of Law and Business Studies, and the MLC Faculty of Manage-

ment and Law in Ljubljana). There is also a lack of professional training

in the field of IP in the Slovenian language;

• stakeholders have different views on the regulation of IP rights, espe-

cially in the area of copyright;

• regulating IP rights in relation to new and emerging technologies (e.g.

artificial intelligence, metaverse technologies and distributed ledger

technologies) is a major challenge, due to rapid technological develop-

ments and global competition.



All the information obtained in the analysis from the various sources has been combined in a SWOT table. In preparing the SWOT analysis, we fol-lowed the following pillars of public policy support12 for IP:



12 https://czk.si/wp-content/uploads/2023/04/predlog-ukrepov-za-razvoj-kulturnega-in-

kreativnega-sektorja-v-sloveniji.pdf



14

• general terms and conditions,

• market (market demand),

• competences and trainings,

• funding,

• internationalisation,

• infrastructure,

• public awareness and promotion,

• support policies (strategies, programmes).



The SWOT table, which was the main result of the analysis and was used as the main analytical basis for the preparation of the proposal for a national IP strategy, is presented below.



STRENGTHS WEAKNESSES

General Terms and Conditions

A relatively well-functioning IP There are relatively few cases of judicial management support system. protection in the field of IP, which results

in insufficient case-law and lack of knowl-

edge of the IP field among judges.



In Slovenia, IP is not recognised as an

asset of a company that could be used as

collateral (e.g. for obtaining a loan).

Lack of generally accepted standards for

valuing IP.



Infrastructure

SIPO – a special office as the central insti- IP protection services are often not

tution in Slovenia for the implementation user-friendly enough (need for simplifica-

of professional and administrative IP tion and further digitalisation).

protection tasks.

Functioning technology transfer offices. Fragmented entrepreneurship and

innovation ecosystem (large number of

support organisations, unclear roles and

relationships between organisations,

limited IP competences).



15





STRENGTHS WEAKNESSES


Public awareness and promotion

Increased communication activities to Awareness of the importance of IP in the

raise awareness of the importance of IP economy and public sector is still weak.

in recent years (SIPO, technology transfer

offices).

Lack of awareness and weak respect

of IP rights among the general public (an

EUIPO survey conducted in 2023 showed

that awareness of IP in Slovenia is lower

than the EU average).



Support policies (strategies, programmes)

Lack of strategic orientations necessary

for the development of policies in the IP

field and of clear positions in the develop-

ment stage of EU-level regulation.

Lack of information that would allow a

more detailed analysis and monitoring of

the situation in the field of IP (e.g. public

awareness of IP, knowledge of IP rights,

barriers for potential applicants, costs

and benefits of IP rights, IP management

strategies in companies, analysis of the

market performance of patents, analysis

of the causes of (negative) trends in the

field of IP, evaluation of the effectiveness

of ministries’ support measures, etc.).

Different views of stakeholders on the

regulation of IP rights, especially in the

area of copyright.



Competences and trainings

Inadequate integration of IP in

the curriculum at different levels

of education. There is also a lack of

professional training in the field of IP

in the Slovenian language.

Lack of relevant IP competences in both

business and the public sector.



16





STRENGTHS WEAKNESSES


Internationalisation

Strong international integration of SIPO

(membership in organisations/agencies/

offices: OECD, WIPO, EUIPO, EPO)

facilitates networking in expert groups

for IP protection (exchange of knowledge

and experience).

Market (market demand)

Existence of Slovenian companies whose Lack of innovation in Slovenia’s economy.

competitiveness is also based on IP.

In Slovenia, the number of employees in In Slovenia, an extremely small proportion

industries that make intensive use of IP of SMEs protect and manage IP rights.

rights and their contribution to GDP are Due to resource constraints, SMEs have

above the EU average. difficulties in enforcing their IP rights.

This is especially typical of the CCS.

Funding

Affordability of obtaining IP rights Tax incentives or support for the

(compared to some other countries). protection of IP rights (business entities)

are relatively scarce.



OPPORTUNITIES THREATS

Strengthening the role of IP in business, Economic downturn, which may result in

the research sector and the education less budget funding for the operation of

system. SIPO and less public funding to stimulate

innovation in the business sector.

Increased demand for creative products, Lack of IP rights regulation in relation

which stimulates creativity, innovation to new and emerging technologies

and IP management. (e.g. artificial intelligence, metaverse

technologies and distributed ledger

technologies) due to rapid technological

developments and global competition.

International cooperation in IP Fierce and ever stiffening international

management (EU, global collaboration, competition in the market.

cooperation among patent offices).

Use of new technologies (e.g. artificial Further decline in innovation and

intelligence) to facilitate IP management competitiveness of Slovenia.

and to improve the effectiveness of

detection of IP rights infringements.



17





4. VISION, MISSION, VALUES



AND GUIDING PRINCIPLES



Vision



Slovenia will have an excellent IP system that fosters innovation and crea-tivity and strengthens research and development, thereby contributing to the Sustainable Development Goals.



Mission



Working to better harness the potential of IP to develop and exploit inno-vation and intellectual achievements more effectively, thereby contribut-ing to a more competitive economy and a better quality of life for citizens.



Values and guiding principles



Respect for IP rights is an important value of the Slovenian IP system and a fundamental aspect of the EU’s main IP principles, which stress the

importance of exclusivity and territoriality. IP rights give their holders exclusive rights to control the use, exploitation and commercialisation of their creations in the territory concerned. This exclusivity is balanced by restrictions and exceptions, such as fair use and compulsory licences. Respecting IP rights and protecting the rights of innovators and creators helps to foster the development of new ideas and creativity.



The second key value is fairness. An environment where companies can compete fairly and where unauthorised use or infringement of IP rights is prevented is key to maintaining the integrity of the IP system. Such an en-vironment is characterised by ensuring equal access to IP rights. Fairness in the IP system also involves striking a reasonable balance between the rights of innovators and creators and between users and wider societal interests.



19

By ensuring that IP rights are respected, we create trust – the key to boost-ing investment and creativity and supporting economic growth.



The EU’s fundamental principle in the field of IP is the exchange of knowledge. By providing a framework for the protection and appropriate sharing of IP rights, we want to promote the dissemination of knowledge

and information. This is also in line with the EU’s focus on innovation and creativity, because it recognises the role of IP in fostering innovation and creativity. The EU supports measures to facilitate access to and dis-semination of knowledge and efforts to fight counterfeiting and piracy.13



Public interest and fundamental rights are central principles for both Slovenia and the EU. The EU recognises that IP rights should not be ab-solute and should be exercised in a way that respects fundamental rights and the public interest. This includes aspects such as competition, access to knowledge and cultural diversity. The EU stresses the need to strike a balance between the interests of rights holders and other stakeholders such as consumers and competitors. This means ensuring that IP rights are granted and enforced in a way that is proportionate to the harm caused by possible infringements.



Open science and open innovation are increasingly recognised in the EU IP framework, and Slovenia is following suit. Open science and open innovation approaches include making research results and other forms of knowledge more accessible and shareable. In accordance with the Scientific Research and Innovation Activity Act, the results of research co-financed from public funds shall be open and accessible, subject to any restrictions imposed by the protection of IP, the protection of personal data, the security of persons or the security of the State. The principles of open science also require the evaluation of the quality and impact of



13 Over the last few years, the EU has adopted a number of guidance documents highlighting the

importance of innovation and creativity, e.g. the Code of Practice on the management of intellec-

tual assets for knowledge valorisation in the European Research Area (ERA), the Code of Practice

for industry-academia co-creation for knowledge valorisation, the Code of Practice on citizen

engagement for knowledge valorisation, and the Code of Practice on standardisation in the ERA.



20

scientific research work using responsible metrics, and the integration and involvement of the interested public in the research process. Open science promotes collaborative working and new ways of disseminating knowledge by fostering the efficient exchange of data and the dynamic sharing of research results, not only publications but also research data and other research outputs. IP legislation seeks to balance the moral and economic rights of creators and inventors with the wider interests and needs of society. Managing knowledge outputs in the new open research and innovation ecosystem remains a challenge.14 Slovenian legislation al-lows IP and open models to not conflict with each other. On the contrary, on closer inspection, many open models depend on a functioning under-lying IP system. For example, many types of open source licences are ways to determine access to and use of IP material (most of it copyrighted), and enforcing these licences would be quite difficult, if not impossible, with-out relying on the underlying IP law. In this context, many open models can be considered as very specific forms of IP strategies.



The above values and principles of open science and innovation should be put into practice in a way that at the same time allows for the protec-tion of IP, the innovative use of IP to support innovation, and the com-petitiveness of Slovenian science and the Slovenian economy, taking into account the public interest. Slovenia’s approach to IP must therefore con-tinuously evolve and keep pace with EU policy developments, taking into account appropriate solutions in a changing technological and societal environment.



14 European Commission, Directorate-General for Research and Innovation, “Open science

and intellectual property rights – How can they better interact? – State of the art

and reflections – Executive summary”, Publications Office of the European Union, 2022,

https://data.europa.eu/doi/10.2777/347305.



21





5. GENERAL GOAL AND




STRATEGIC OBJECTIVES



The Strategy has one general objective: to establish a state-of-the-art IP framework that fosters creativity and innovation to improve the well-be-ing of all people in Slovenia.



In order to achieve the vision and mission, the following three strategic objectives have been developed and will be used as a roadmap to achieve the overall objective of the National IP Strategy. These are:



• Strategic objective 1:

strengthening the environment for the effective creation, development, protection and management of IP,



• Strategic objective 2:

raising awareness and knowledge of IP,



• Strategic objective 3:

strengthening the role of IP in the private and public sectors

and in society at large.



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6. MEASURES AND




KEY ACTIVITIES



Strategic objective 1: strengthening the environment for the effective creation, development, protection and management of IP



The strategic objective aims to provide an enabling environment for the effective creation, development, protection and management of IP. This requires:



• Appropriate analytic bases. During the preparation of the Strategy, it

was recognised that analytical work needed to be strengthened. The

lack of data and analysis has posed challenges in the preparation

process, which is why the proposed actions include a more detailed

analytical basis, intensive monitoring and independent evaluation to

provide a more evidence-based basis for updates to the Strategy;

• Enhanced protection of IP rights. In particular, it is important to ensure

that IP rights are properly enforced. Slovenia has relatively few cases of

judicial protection in the field of IP, which results in insufficient case-

law and lack of knowledge of the IP field among and limited profes-

sional support for individual judges. Slovenian SMEs are constrained

in exercising their IP rights due to insufficient resources, and this is

particularly the case for the CCS. However, large Slovenian companies

also face constraints in enforcing IP rights, especially abroad, mainly

due to insufficient resources;

• Modernising IP legislation to make the Slovenian economy more com-

petitive. It is our wish to seek a broader consensus in an open dialogue

on possible future solutions in this area;

• Effective institutional support for the effective management of IP

rights. The analysis has shown that Slovenia’s entrepreneurship and

innovation ecosystem is very fragmented, with a large number of sup-

port organisations, unclear roles and relationships between organisa-

tions, and limited IP competences. Activities are already underway to

physically and digitally connect Slovenian stakeholders in the field of



25

research, development and innovation (the Research, Development

and Innovation (RDI) Hub).



strategic objective 1: strengthening the environment for the effective

creation, development, protection and management of IP



MEASURE PURPOSE KEY ACTIVITIES



1.1 Improve • Regular (continuous) analyses: preparation

Analytical the expert of the research programme (e.g. barriers for

basis (analysis, groundwork potential applicants, costs and benefits of IP

monitoring for transparent rights; IP management strategies in companies,

and evaluation) analysis of the market performance of patents; public

policymaking. analysis of the causes of (negative) trends in IP,

evaluation of the performance of Knowledge

Transfer Offices/Technology Transfer Offices

(KTOs/TTOs) in the management of IP rights;

collection and analysis of IP rights data by

sex of rights-holders, size of company and

sector (public, private organisation, individual),

copyright analysis on research data, etc.).

• Monitoring the effectiveness of the func-

tioning of the IP rights management support

system (e.g. development of guidelines for

assessing the effectiveness of the functioning

of the IP rights management support system,

regular (multiannual) independent external

evaluation of the IP rights management

support system, including monitoring and

evaluation of the implementation of the

National IP Strategy and of the individual

support measures of the ministries, etc.).

• Assessing the impact of new technologies

on the IP rights management system (new

technologies such as artificial intelligence,

machine learning models and blockchain

have emerged in the digital commercial world,

fundamentally changing market structures

and creating new barriers, challenges and

opportunities for IP rights-holders, IP users

and public policymakers).

• Continuous analysis of successful IP rights

management practices abroad: preparation

of analyses, international exchanges

(international projects).



26

strategic objective 1: strengthening the environment for the effective

creation, development, protection and management of IP



MEASURE PURPOSE KEY ACTIVITIES



1.2 Enhance • Analysis of IP-related cases, regardless

Strengthening protection of of the material jurisdiction of the court

judicial IP rights. (criminal, civil, administrative).

protection in • Access to decisions and judgments on IP

the field of IP

rights.

• Analysis of the effects of a possible

concentration of jurisdiction for patent

disputes at Ljubljana District Court (for

all patent disputes excluding specific labour

law patent disputes).

• Explore the possibility of specialising

judges in the field of IP.

• Encourage greater inclusion of technical

experts among court experts and certi-

fied appraisers (in the field of patents).

• Promoting alternative dispute resolution

in IP (in cooperation with WIPO, EUIPO, the

Unified Patent Court (UPC) – Mediation and

Arbitration Centre (PMAC) and national IP

service providers).

• Addressing the issue of counterfeits more

actively: exploring the possibility of seizing

counterfeits on Slovenian territory.



1.3 Regularly • Updating IP legislation.

Updating IP update and • Preparing the groundwork and involving

legislation align IP legislation Slovenia in the preparation of legislative

with current changes at the EU level. Expert discussion



trends and and preparation of positions and strategic positions on current IP issues already dur-developments. ing the preparation of changes to EU-level

regulation – setting up of working groups

(involvement of stakeholders and experts,

commissioning of expert groundwork).



27

strategic objective 1: strengthening the environment for the effective

creation, development, protection and management of IP



MEASURE PURPOSE KEY ACTIVITIES

1.4 Enhance • Continuing and strengthening the

Institutional institutional role and work of SIPO. Continuation

support for IP support for of activities and upgrading in terms

management the effective of digitalisation, simplification, and

management stakeholder information and coordination.

of IP. Continuing and deepening SIPO’s

involvement in international organisations,

agencies and networks. SIPO as the

national focal point for IP – this is an

integral part of the implementation of the

Resolution on the Scientific Research and

Innovation Strategy of Slovenia 2030.

• Strengthening existing and new IP

support organisations (KTOs/TTOs, Patent

Information Centres (PATLIBs), innovative

environment entities (SIOs), Digital

Innovation Hubs (DIHs), Strategic Research

and Innovation Partnerships (SRIPs) and

other RDI ecosystem intermediaries)

and connecting and fostering

collaboration among stakeholders in

the IP entrepreneurship and innovation

ecosystem : strengthening the role of

Slovenian Business Points (part of the

national SPOT system) in the field of IP

advice by involving KTOs/TTOs and SIPO

in business advice. Involvement of KTOs/

TTOs and SIPO in the advisory activities

of the SIO, DIH, National Contact Points

(NCPs) and European Enterprise Network

(EEN).

• Upgrading the services of support

organisations for the CCS and cultural

workers to support the management of

IP rights (Centre for Creativity, collective

organisations, professional associations,

content networks, etc.).



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strategic objective 1: strengthening the environment for the effective

creation, development, protection and management of IP



MEASURE PURPOSE KEY ACTIVITIES

1.5 Increase the • Preparation of an action plan for the

Strengthening strategic implementation of the National IP

the strategic importance Strategy.

role of IP of IP. • Continuation of the work of the

Government Working Group for the

Preparation of the National IP Strategy

2030, with a view to preparing an action

plan, monitoring implementation and

evaluating the Strategy. Broadening with

representatives of other stakeholders,

if necessary (strengthening cooperation

among stakeholders).

• Adequate integration of IP into sectoral/

other strategic documents (mainstreaming

IP into sectoral strategies, programmes,

resolutions and action plans).

• Annual IP event (annual conference on the

implementation of the National IP Strategy).



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Strategic objective 2: raising awareness and knowledge of IP



Slovenia is characterised by a weak awareness of the importance of IP in both business and the public sector, a lack of awareness of and limited re-spect for IP rights among the general public (e.g. use of counterfeits and access to digital content from illegal sources), and a lack of adequate IP competences in business and the public sector and in the judiciary. To im-prove knowledge, we will:



• Improve awareness and information for all target groups by raising

public awareness and educating the public on the importance of intel-

lectual assets, IP rights, respect for IP and the appropriate use of IP;

• Upgrade the integration of IP in the curriculum at different levels of

education;

• Educate and train pupils, students, researchers, teachers, professors,

the public and private sectors,

• Strengthen competences in the private and public sectors.



strategic objective 2: raising awareness and knowledge of IP

MEASURE PURPOSE KEY ACTIVITIES

2.1 Raising public • Continuation of communication activities on the Raising awareness importance of IP and other intellectual assets awareness to raise awareness in both business and the and



informing information point, collection and dissemination of public on the good practices, etc. and public sector (SIPO, KTO/TTO): lectures, materials, educating the



groups all target importance • Raising awareness among the general public of the of intellectual assets, IP importance of and respect for IP rights (relevance for creators, the economy and society; legislation rights and

respect for content in the media, raising awareness among the and infringements): targeted actions, publication of

these rights, general public of the possibilities to use copyright and the works, including works available under open licences.

appropriate • Awareness-raising for companies on the possibility of use of IP. protecting trade secrets under the Trade Secrets Act.

• Determining public awareness and monitoring

the situation.

• Strengthening and promoting the SIPO information

point and the originalen.si information website.

• Public presentations and debates on specific IP

issues: organisation of round tables, consultations,

conferences.



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strategic objective 2: raising awareness and knowledge of IP

MEASURE PURPOSE KEY ACTIVITIES

2.2 Update and • Supplementing primary and secondary

Education improve school curricula and teaching materials with

and training education IP content (building on curriculum content).



and training Training for primary and secondary school • programmes teachers in IP. at different • levels to Cooperation with international organisations include com- in efforts to provide IP knowledge to primary prehensive IP school pupils (following examples of good content. practice from abroad, e.g. WIPO, EUIPO, EPO,

etc.).

• Training for judges: training seminars for

judges working in the field of IP.

• Training for industrial property agents, court

experts and certified appraisers.

• Education and training in universities

and public research organisations on the

management of intellectual assets in

accordance with the Code of Practice on

the management of intellectual assets for

knowledge valorisation in the European

Research Area (ERA), the Code of Practice

for industry-academia co-creation for

knowledge valorisation and the Code of

Practice on standardisation in the ERA:

training for professors, researchers and

students, taking into account their fields

of research (e.g. business studies, science,

technology, engineering, mathematics, law,

the arts, etc.), on intellectual assets for the

valorisation of knowledge, with a focus on a

broader interpretation of intellectual assets,

and on understanding the role of copyright

in the context of teaching for professors,

researchers and students.



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strategic objective 2: raising awareness and knowledge of IP

MEASURE PURPOSE KEY ACTIVITIES

2.3 Strengthen • Mentoring for SMEs on IP management

Strengthen- IP rights and marketing.



ing compe- management E-learning platform for SMEs • : an online tences in and IP tool that guides companies and individuals the private protection-to relevant information and the most and public related appropriate options for IP protection. sectors competences • in the private Continued cooperation with international

and public organisations (WIPO, EUIPO, EPO) in

sectors. efforts to provide SMEs with IP rights

knowledge.

• Awareness-raising and training of creators

and cultural workers on IP management

(cooperation with the Centre for Creativity,

the Slovenian Book Agency, the Slovenian

Film Centre, collective organisations,

professional associations, content networks,

etc.).

• Professional training in IP in Slovenian for

the public and private sectors.

• Training programmes related to the impact

of new technologies (especially AI) on the

management of IP rights.

• Raising awareness in the private and

public sectors on the importance of IP for

innovation and economic competitiveness

(conferences, workshops, presentations, joint

projects, etc.).



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STRATEGIC OBJECTIVE 3: strengthening the role of IP in the private and public sectors and in society at large



The role of IP in business, the research sector and the education system is strengthening on a global scale. The demand for creative products, which stimulates creativity, innovation and IP management, is also increasing. Slovenia has successful companies whose competitiveness is also based on IP, but these are too few. The Slovenian economy is characterised by a lack of innovation. An extremely small proportion of SMEs protect and manage IP rights. Due to resource constraints, SMEs have difficulties in enforcing their IP rights. This is especially typical of the CCS. In Slovenia, IP is not recognised as an asset of a company that could be used as collat-eral (e.g. for obtaining a loan). To improve Slovenia’s competitiveness, we will:



• Reinforce the importance of innovation and the role of IP in public pro-

curement and tendering processes;



• Support the private and public sectors in managing IP rights;



• Encourage the scientific research sector to manage IP rights in line

with the principles of open science and open innovation;



• Undertake activities to identify IP as an asset for companies and other

organisations.



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strategic objective 3: strengthening the role of IP in the private

and public sectors and in society at large

MEASURE PURPOSE KEY ACTIVITIES

3.1 Promote • Working to increase demand for innovative

Reinforce innovation goods and services in the public sector

the role of and the use (demand-side innovation policy). Public

IP in public of IP in public authorities need to innovate and find ways to

procurement procurement facilitate complex activities in service delivery,

and tendering and tendering process improvement, regulation and policy

processes processes. implementation: promoting the application of

the innovation criterion in public procurement

processes.

• Promoting the use of innovative public

procurement. EU Member States and public in-

stitutions are recommended to take a strategic

approach to IP rights in public procurement. It is

important that public institutions clearly define

in advance in the tender documents the allo-

cation of IP rights related to the procurement,

taking into atcount the public interest and their

policy objectives.

• Promoting the use of IP in public tender

procedures. Analysing and promoting the use

of IP provisions in tender and procurement

documents.



3.2 Provide • Strengthening/extension of the voucher

Support support for scheme and support for SMEs in the field of

for the the effective IP, including the preparation of corporate IP

management management management strategies.



of IP rights in of IP rights in Creation of a platform with a set of • the private the private model agreements that can be used at and public and public different stages of technological research sectors sectors. and commercialisation to facilitate efficient

knowledge and technology transfer (e.g. along

the lines of WIPO, Austria, Spain and Germany).

• Feasibility study on special tax incentives

for business entities (special tax regime for

patents/intellectual property – IP/patent box).

• Preparation of guidelines for the commercial-

isation of IP.



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strategic objective 3: strengthening the role of IP in the private

and public sectors and in society at large

MEASURE PURPOSE KEY ACTIVITIES

3.3 Improving • Encouraging IP rights management in line

Support for IP rights with the principles of open science and

the science management open innovation.



and research in the science Encouraging collaborations with • sector in and research companies (joint or open innovation) and the managing IP sector. commercialisation of inventions created in rights public research organisations through the

creation of spin-out/off companies and the

licensing/sale of patents.



3.4 Encouraging • Encouraging organisations (both public and

Identify IP as the identifi- private) to register IP as intangible assets.



an asset for cation of IP as Training on how to account for intangible • companies an important assets in business balance sheets. and other asset of • organisations companies Developing standards and tools for evaluating IP. and other

organisations. • Support for the use of IP as collateral for

loans (e.g. creation of a special innovation

fund allowing the use of IP as collateral for

loans, use of IP as collateral for the Slovenian

Enterprise Fund (SPS) and the Slovenian

Export and Development Bank (SID)) and for

equity financing.



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7. IMPLEMENTATION STRUCTURE




FOR THE IMPLEMENTATION OF



THE NATIONAL IP STRATEGY



The Ministry of Economy, Tourism and Sport is the authority responsible for implementing the National IP Strategy. SIPO is the facilitator of the IP support ecosystem. The IP support system will be based on the “no wrong door principle”, which allows for better and more comprehensive infor-mation and support services to be provided to the target groups.



The cooperation of the ministries will take place in the framework of the Government Working Group, which will be responsible for the prepara-tion of the Strategy’s implementation documents and its monitoring and evaluation.



Once the Government of the Republic of Slovenia has approved the Na-tional IP Strategy, an action plan will be drawn up with clearly defined actions, target groups and organisations responsible for implementation, a monitoring system (indicators of impacts and results), and a plan for evaluating the Strategy.



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8. MONITORING




AND EVALUATION



Monitoring



Monitoring of the Strategy will be based on the work of the Government Working Group in charge of monitoring and evaluating the Strategy and on the monitoring of selected indicators.



Monitoring Working Group



The Government Working Group responsible for monitoring the Strategy will meet at least twice a year to review and examine all issues related to the National IP Strategy and the Action Plan. The working group will fo-cus especially on the following:



• Progress in the implementation of the National IP Strategy and the

Action Plan in terms of the achievement of milestones and targets; it

will also address the external (independent) evaluation of the IP man-

agement support system;



• Any issues affecting the implementation of the National IP Strategy

and the Action Plan and the measures taken to address them.



Indicators



By preparing its National IP Strategy until 2030, the Government of the Republic of Slovenia aims to increase the visibility and appreciation of IP

and to improve the understanding and use of IP.



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The indicators of monitoring the Strategy are therefore the following:



1. The extent to which IP is used in the various segments of the research

and innovation system (scientific research, creative, entrepreneurial).

The extent of IP use will be measured by a survey to be carried out

periodically;



2. Understanding of IP among the general public.15 This will be measured

by a survey to be carried out every two years and based on an online

questionnaire.



Evaluation



Periodic external (independent) evaluations of the IP rights management support system will be prepared. The first evaluation will also provide guidance for evaluating the performance of the IP rights management support system.



15 We will be guided in our assessment by methodologies developed by WIPO and EUIPO.



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ANNEX


THE ENTREPRENEURSHIP AND INNOVATION ECOSYSTEM IN SLOVENIA





Source: Adapted from “Current state of play of the Slovenian national innovation



ecosystem”, SPIRIT Slovenia, 2021.





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LIST OF ACRONYMS




ARIS – Slovenian Research and Innovation Agency

DIH – Digital Innovation Hub

EEN – Enterprise Europe Network

EPO – European Patent Organisation

ERA – European Research Area

EU – European Union

EUIPO – European Union Intellectual Property Office IP – intellectual property

CCS – cultural and creative sectors

KTO/TTO – knowledge transfer offices/technology transfer offices MDP – Ministry of Digital Transformation

MGTŠ – Ministry of the Economy, Tourism and Sport MK – Ministry of Culture

MKGP –Ministry of Agriculture, Forestry and Food

MKRR – Ministry of Cohesion and Regional Development SMEs – small and medium-sized enterprises

MVI – Ministry of Education

MVZI – Ministry of Higher Education, Science and Innovation NCP – National Contact Point

PATLIB – Patent Information Centre

PMAC – Patent Mediation and Arbitration Centre

RDI – research, development and innovation

RS – Republic of Slovenia

SID – Slovenian Export and Development Bank

SIO – innovative environment entities

SPIRIT Slovenia– Slovenian Public Agency for Investment,

Entrepreneurship and Internationalization

SPOT – Slovenian business point

SPS – Slovenian Enterprise Fund

SRIP – Strategic Research and Innovation Partnership UPC – Unified Patent Court

SIPO – Slovenian Intellectual Property Office

WIPO – World Intellectual Property Organization



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