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Chapter 7 - Enforcement of Intellectual Property Rights in the Czech Republic

Published online by Cambridge University Press:  12 April 2019

By
Karel Šindelka
Edited by
Flip Petillion
Karel Šindelka
Affiliation:
Attorney at Law and Partner at Šindelka & Lachmannová.
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Summary

NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE

A. PRIMARY AND SECONDARY LAW

The Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (the “Enforcement Directive”) was implemented by adopting Act No. 221/2006 Sb., on the enforcement of industrial property rights which came into effect on 26 May 2006 (the “Enforcement Act”) and Act No. 216/2006 Sb., amending inter alia the Act No. 121/2000 Sb. (“Copyright Act”), which came into effect on 22 May 2006.

As well as the introduction of the Enforcement Act, the Enforcement Directive entailed amendments to the following intellectual property rights acts:

  • – Act No. 527/1990 Sb., on inventions and rationalisation proposals – S. 75(1) was amended, S. 75(2) and (3) and S. 75a were repealed

  • – Act No. 529/1991 Sb., on the protection of topographies of semi-conductor products – amendment of S. 18(2)

  • – Act No. 478/1992 Sb., on utility models – amendment of S. 21(2)

  • – Act No. 207/2000 Sb., on the protection of designs – S. 20 and 21 were repealed

  • – Act No. 452/2001 Sb., on the protection of designations of origin and geographical indications – S. 24(2) – (4) were repealed

  • – Act No. 441/2003 Sb., on trademarks – S. 8(4) – (7) and S. 18(4) were repealed, amendment of S. 51(2)

  • – Act No. 121/2000 Sb., on copyright and related rights – several provisions were amended

  • – Act No. 99/1963 Sb., civil procedure code (“CPC”) – S. 26, 155(4), 210a and 239(3) were amended, new S. 78b – 78g, 102(4) and 133b.

    • B. TRANSPOSITION ISSUES

    According to Article 20 of the Enforcement Directive, national legalisation that complies with the Enforcement Directive should have been enacted no later than 29 April 2006. The Czech legislator did not meet this date and the implementation acts entered into force on 22 May 2006 and 26 May 2006 respectively. Through the Enforcement Act, the Czech legislator intended to make a complex regulation of the protection of industrial property rights in the connection with the transposition of the Enforcement Directive so that it is not fragmented in several laws. The Czech regulation prior to the implementation had already contained several protective measures in accordance with the TRIPS agreement.

    Type
    Chapter
    Information
    Enforcement of Intellectual Property Rights in the EU Member States
    , pp. 263 - 302
    Publisher: Intersentia
    Print publication year: 2019

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