Under Section 3(1) of the Slovak Copyright Act, only the natural person who created it. Neither a company nor AI can be an author. A company can acquire the right to exercise economic rights through a licence or for employee works.
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Copyright and Intellectual Property
Copyright and Intellectual Property in practice
Intellectual property takes several forms under Slovak law. The Copyright Act No. 185/2015 protects creative works including software, Act No. 506/2009 covers trade marks, the Patent Act No. 435/2001 covers inventions and utility models, and Act No. 444/2002 covers designs. At EU level, the EU trade mark and the enforcement rules of Directive 2004/48/EC complete the picture.
For IT companies, agencies, manufacturers and creators, we handle the whole path: from finding out what you actually own, through registration and licence agreements, to enforcement when your rights are infringed. On patents we work with registered patent attorneys; trade mark and copyright matters we run ourselves. This page gives an overview and leads to the more detailed topics.
What we help with
- Trade mark registration in Slovakia, the EU and internationally
- Patents and utility models with registered patent attorneys
- Licence agreements and clauses for employees and freelancers
- Copyright enforcement online and in court
- Domain disputes and UDRP proceedings
- IP audit for investment or sale of a company
Worth knowing
Moral and economic rights
An author's moral rights, such as the right to be named, cannot be transferred. Economic rights, such as reproduction or making a work available, can be licensed under Section 65 of the Slovak Copyright Act or are exercised by the employer for employee works under Section 78.
Paid for does not mean yours
A freelancer who was paid but did not sign a licence agreement keeps the economic rights. The company may then not be entitled to full commercial use of the work.
Criminal law protection
The Slovak Criminal Code penalises infringement of trade mark rights (Section 281), industrial property rights (Section 282) and copyright (Section 283), especially where infringement is on a commercial scale.
Common questions
- With a notice to the platform under the DSA, a demand letter and a claim under Section 124 et seq. of the Slovak Copyright Act, an application for interim measures if urgent and, on a commercial scale, a criminal complaint. We choose the route according to your goal.
- Trade mark and patent registers, rights agreements with employees and freelancers, the domain portfolio, licence agreements including open source, and pending disputes. You receive a report setting out the risks and a remediation plan.
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This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.