This master's thesis presents the regulation of the sales contract in Directives (EU) 2019/770 and 2019/771 of the European Parliament and the Council from the point of view of intellectual property rights, as well as the implementation of the said directives in the Slovenian legal order with the amendment of the Consumer Protection Act (Proposal ZVPot-1). Holders of intellectual property rights may determine specific restrictions in the license agreement, and in accordance with the intellectual property law. Such restrictions may result in a prohibition of the use of certain features of the supplied goods (especially goods with digital elements), supplied digital content or services. When restrictions, resulting from a violations of intellectual property rights, prevent or limit the use of goods, digital content or services, we speak of lack of conformity of the goods. In the latter case, the consumer is entitled to remedies for lack of conformity. Firstly, the consumer is entitled to have the goods brought into conformity. In the event that he is not successful with his request, he is entitled to either a proportionate reduction of the price or the termination of the sales contract. In any case, the consumer is entitled to compensation for damage suffered, the regulation of which is left to national rules. The implementation of the directives in the Slovenian legal system largely follows the directives, nonetheless, in certain parts the ZVPot-1 is unclear, deficient and does not fully follow the directives, which explicitly define the principle of full harmonization, which does not allow much room for manoeuvre in the transposition of the provisions of the directives. The amendment of Slovenian consumer law should be consistent with the set goal of directives, which is to achieve a high level of consumer protection, and should implement provisions that would provide the consumer with more legal security.
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