441/2003 Coll.
LAW
of 3 July 2003. December 2003
trademark and on the amendment of Act No. 6/2002 Coll., on courts,
judges, lay judges and the State administration of courts and amending certain other
laws (the law on the courts and Judges Act), as amended,
(law on trade marks)
Change: 501/2004 Sb.
Change: 221/2006 Sb.
Change: 296/2007 Sb.
Change: 303/2013 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
TRADEMARKS
TITLE I OF THE
GENERAL PROVISIONS
The concept of the trade mark
§ 1
Signs which may constitute a trade mark
A trademark may be under the conditions laid down in this Act
any indication capable of graphic representation, in particular words including
personal names, colors, designs, letters, numerals, the shape of a product or its
the package, if this is a sign to distinguish the goods or services
one person from the products or services of another person.
§ 2
On the territory of the Czech Republic shall enjoy the protection of trade marks which are
and) entered in the register of trade marks (hereinafter referred to as "the register") kept by the
Industrial property Office (hereinafter referred to as "the authority") (hereinafter referred to as "the national
the trade mark "),
(b)) with the effects for the Czech Republic entered in the register kept by the
The International Bureau of intellectual property, on the basis of the international
the application within the meaning of the Madrid Agreement concerning the international registration of industrial
or trade marks, or the Protocol relating to the Madrid Agreement ^ 1) (hereinafter referred to as
"international trade mark"),
(c)) entered in the register maintained by the Office for harmonization in the internal market
(trademarks and designs) pursuant to Council regulation of the European communities on the protection
stamp Community ^ 2) (hereinafter ' the Council regulation ') (hereinafter ' the trade
of the community "),
(d)) on the territory of the Czech Republic, widely known (hereinafter referred to as "generally known
Mark ") within the meaning of article 6 bis of the Paris Convention for the protection of industrial
the ownership (hereinafter referred to as the "Paris Convention") ^ 3) and to article 16 of the agreement on the
trade-related aspects of intellectual property. ^ 4)
§ 3
The earlier trade mark with regard to the claimed right
priority date (section 20) for the purposes of this Act, means the
and) registered, where the earlier filing date,
1. national trademark
2. international trademark
3. a Community trade mark;
(b)) the Community trade mark, within the meaning of article. 34 of regulation
The Council ^ 2) claimed on entry to the rights of the earlier trade mark
referred to in point (a)) points 1 and 2, even if the owner of this older
signs of surrender or trademark lapse;
(c)), the mark applied for by the letters a and b)) if it is registered;
d) widely known trademark, whose protection was established prior to the date of the
for registration of the subsequent trade mark, and to this date still.
Reasons for refusal of protection
§ 4
In the register of indications shall not be registered,
and that cannot be) a trade mark within the meaning of § 1,
(b)) that does not have a distinctive character,
(c)), which consists exclusively of signs or indications that are used in the
trade to designate the kind, quality, quantity, intended purpose, value, geographical
of origin or time of production of goods or of rendering of the service or to designate the
other characteristics,
(d)) which consists exclusively of signs or indications which have become
customary in the current language or in the bona fide business practices,
(e)), which is made up exclusively of the shape which results from the nature itself
product or which is necessary to obtain a technical result, or
which gives substantial value to the product,
(f)) which is contrary to public policy or to accepted principles of morality,
(g)) that could mislead the public, in particular as regards the nature, quality
or geographical origin of a product or service,
h) mark for wines or spirits which contains the geographical
the designation, without wine or a spirit drink, should such a geographical origin,
I) which contains the designation of beneficiaries of protection under article 6 ter of the
The Paris Convention, ^ 3) whose registration was not given consent by the competent
authorities,
j) which contains other badges, emblems and escutcheons other than those specified in article 6 ter of the
The Paris Convention, ^ 3) if their use is subject to the Special
the public interest, unless the competent authority has given its consent to the registration,
to which contains character) of high symbolic value, in particular religious
symbol,
l) whose use is abhorrent provisions of other legislation or is in the
conflicts with obligations resulting from international for the Czech Republic
contracts,
m) if it is clear that a trade mark (hereinafter referred to as
"the application") was filed in good faith.
§ 5
The indication referred to in section 4 (b). (b) to (d))) may be entered in the register,
If the applicant demonstrates that such a designation acquired prior to registration
the trade mark in the register of the use in the course of trade in relation to the
the applicant's goods or services for which the registration is requested
to register, a distinctive character.
§ 6
In the register is applied for the designation, if it is identical with an earlier trade
mark that is applied for or registered for another owner, or
the applicant for the same products or services; This does not apply if the owner of
or the applicant for a trade mark grants written consent to registration
the later trade mark in the register.
section 7 of the
(1) the mark indication shall not be registered in the register on the basis of the objections
against registration of the trade mark in the register submitted to the Office (hereinafter referred to as
"objection")
and the owner of the earlier mark) If for reasons of conformity or
similarity to the earlier trade mark and the similarity of the conformity or
products or services to which the mark indication and trademark
apply, there is a likelihood of confusion on the part of the public; for
the likelihood of confusion and the likelihood of association with the earlier
trade mark,
(b)) the owner of the earlier mark, which is the same as přihlašovaným
designation, or is similar to, if such designation is to be registered for the
products or services which are not similar to those for which the earlier
the trade mark is registered, however, as to the earlier trade mark, which has
in the Czech Republic's good name, and the use of the designation would be přihlašovaného
dishonest benefited from the distinctive character or the repute of the earlier
trademarks or the injury
(c)) the owner of the earlier well-known mark, if the reason of the conformity
or similarity to the earlier trade mark and the widely known conformity
or similarity of the goods or services covered by the designation of the candidate and
well-known trade mark subject, there is a likelihood
confusion on the part of the public; a likelihood of confusion shall be treated as
the likelihood of association with the earlier trade mark, the
(d)) the owner of the earlier well-known mark which is identical to the
přihlašovaným indication or is similar to, if such
mark registered for goods or services which are not similar
those for which the earlier mark is protected is well known, however, as to the
older widely known trademark, that has a good name in the Czech Republic,
provided that the use of the trade mark in relation to those
goods or services would indicate a relationship between those products or
services and the owner of the well-known mark, and
(e)) the owner of an earlier Community trade mark, which is the same as the
přihlašovaným indication or is similar to, if such
mark registered for goods or services which are not similar
those for which the earlier trade mark is registered, but it is an older
the trade mark, which is on the territory of the European communities good
the name, and the use of the sign without due cause přihlašovaného would
dishonest benefited from the distinctive character or the repute of the earlier
the Community trade mark, or the injury,
(f)), the owner of a trade mark registered in another country of the Paris Union
Convention ^ 3) or in a State which is a member of the world trade
Organization, ^ 4) If an application filed a representative, broker,
the agent or other person designated to defend the economic interests of the owner of the
the trade mark in accordance with article 6septies of the Paris Convention ^ 3) (hereinafter referred to as
"the agent") to his own name and without the consent of the owner, unless the
the agent justifies his action,
(g) an indication or) by another sign used in
trade for identical or similar goods or services, which is
the same with přihlašovaným designation or similar, if the designation
does not have local scope and the right to the designation originated before the date of submission of the
of the application,
(h)) is a natural person, the right to a name and to the protection of the expressions of personal
nature may be without prejudice to the designation, where appropriate, by the person přihlašovaným
authorized to apply this law for the protection of personality,
I) by a person, the rights which belong to the author of the workpiece, if authorship
can be use přihlašovaného without prejudice to the designation,
(j) the owner of the earlier right) from other industrial property, if
the law of industrial property, may be the use of the logged-on
without prejudice to the designation,
k), who is without prejudice to the rights in its application not submitted
in good faith.
(2) the objection referred to in paragraph 1 (b). and), b), (e) and (f))) may also submit
the applicant for the trade marks referred to in those provisions.
(3) if the person entitled to submit an objection referred to in paragraph 1 (hereinafter referred to
"objecting") after the opposition grant written consent to registration
to register the mark applied for, its objection took
back, and the Office of the opposition.
TITLE II
THE EFFECTS OF A TRADE MARK
§ 8
The law of trademarks
(1) the trademark owner has the exclusive right to use the trademark
in connection with the goods or services for which it is protected. Your right to
shows the owner of the registered trade mark from the register dump,
where appropriate, the certificate of registration. The owner of a trade mark is entitled to
use along with the trademark tag (R).
(2) except where this act otherwise (sections 10 and 11), no one in the business
contact without the consent of the trademark owner to use the
and the same with) mark by the trade mark to goods or services which
are identical with those for which the trade mark is registered,
(b)) sign where, because of its similarity with the conformity or
the trade mark and the conformity or similarity of the goods or services
marked trade mark and the sign, there exists a likelihood of
confusion on the part of the public, including the likelihood of association between the
the sign and the trade mark,
(c)) with the trademark designation identical or similar to the products or
services which are not similar to those for which the trade mark is
registered, but it is a trademark, which has a good name in the Czech
Republic, and its use would take unfair advantage of the distinctive dishonest
eligibility or the repute of the trade mark or the injury.
(3) for the purposes of paragraph 2, for the use in the course of trade shall be considered
in particular, the
and placing a sign on) of the products or their packaging,
(b)) offer products under this denomination, the placing on the market or
storage for this purpose or offering or providing services under the
This designation,
(c) the import or export of products) under that name
(d)) the use of the sign on business papers and in advertising.
(4) if the trade mark has been registered in the name of the agent without the consent of the
the owner of the mark (hereinafter referred to as "a trade mark registered in the name of
the agent "), the owner the right to prohibit such a use of the mark
Representative for, unless the agent is your negotiations properly
motivated.
§ 9
The reproduction of the trademark in dictionaries
Raises the reproduction of the registered trade mark published in the dictionary,
the encyclopedia or similar work under the impression that this is a generic name
goods or services, the owner of the trade mark right to apply after
the Publisher or the Publisher, to the reproduction of the trade mark was
at the latest when the following publication or release of the works bear
an indication that it is a registered trade mark.
§ 10
Limitation of the effects of a trade mark
(1) the owner of a trade mark is not entitled to prohibit third parties taking
in the course of trade
and) their first and last name, business name or the name or address,
b) indications concerning the kind, quality, quantity, intended purpose, value,
geographical origin, time of production of goods or of rendering of the service, or
other characteristics,
(c)) mark necessary to determine the purpose of a product or service, in particular for
accessories or spare parts,
If the use is in accordance with trade practice, morality and
the rules of competition.
(2) the trademark owner is required to endure in the course of trade
the use of the same or similar designation, if the rights to this
the designation was established prior to the filing of the application and use of this designation is in
accordance with the law of the Czech Republic.
§ 11
Exhaustion of trade mark rights
(1) the owner of a trade mark is not entitled to prohibit its use on
products with this mark have been placed on the market in the Czech
Republic this owner or with his consent.
(2) the owner of a trade mark is not entitled to prohibit its use on
products with this mark have been placed on the market in
Member State of the European Community or another State representing the
European economic area this owner or with his consent.
(3) the provisions of the preceding paragraphs shall not apply where the owner of the
Mark has legitimate reasons to prohibit commercial use later
products, in particular where the condition or the nature of the products after their
placing on the market have changed or worsened.
§ 12
(1) the owner of the earlier mark or of the earlier mark, the user
referred to in section 7 (2). 1 (a). (g)) is not entitled to require the Declaration of the
subsequent identical or similar to the trade mark is invalid (§ 32),
where appropriate, prevent its further use, if acquiesced in its use
After a period of 5 years from the date when the use of the learned, unless
the application of the later mark was applied for in good faith.
(2) the owner of the later trade mark is not entitled to prohibit the use of
identical or similar to an earlier trade mark or design its Declaration
invalid, even though earlier trade mark owner already of their rights
of the trade mark could not be applied.
TITLE III
THE USE OF THE TRADE MARK
section 13
The use of the trade mark
(1) If within 5 years from the registration of the trade mark owner did not start properly
used for the goods or services for which it is registered, or if such
the use was suspended for at least a continuous period of five years, subject to
mark the consequences referred to in this Act (§ 14 and 31), unless
There are proper reasons for non-use.
(2) for the proper use of the trade mark in accordance with paragraph 1 shall
also
and the use of the trade mark in) form from the form in which it was
the trade mark is registered, the different elements of the neměnícími its distinctive
eligibility,
(b) affixing of the trade mark) goods or to their packaging, only
for the purposes of export.
(3) use of the trade mark on the basis of the license agreement (section 18) and
use of the collective trade mark by a person who has the permissions it
use, shall be considered as use by the owner.
§ 14
Some of the consequences of non-use of the trade mark
(1) a trade mark may not be declared invalid on the ground
There is an earlier conflicting trade mark if the earlier trade mark
does not meet the conditions of use referred to in section 13.
(2) if the earlier trade mark has been used in the sense of § 13 for all
products and services for which it is registered, may be its existence
the reason for the Declaration of invalidity of a subsequent trade mark only in
the range of products and services for which it is used.
TITLE IV
THE TRADE MARK AS AN OBJECT OF PROPERTY
Change the owner
§ 15
(1) a trademark may be transferred, separately from any transfer of the undertaking, and
for all the products or services for which it is registered, or for
some of them. The transfer of the trade mark shall be made in writing
the Treaty.
(2) the trademark is transferred to a new owner in cases
established by legislation. ^ 6)
(3) the transfer or gradient trademarks is effective against third
the persons entered in the register; the licensee of a trade mark to the Office can
do acts after the delivery of the request for registration of the transfer or the transfer of rights to the
mark. For the registration of transfer or gradient in the register shall be entitled to
ask any of the Contracting Parties, in the case of the transition of the legal
the successor to the original owner. The particulars of applications for registration of a transfer or
the transition of a trade mark relating to data management and data about the participants
trade mark lays down detailed legal prescription.
(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the conversion or
the transition of the application.
section 16 of the
The owner of a trade mark registered in the country of the Paris Convention of EU ^ 3) may
lodged with the Court to determine the rights to indicate changes to the owner
the trade mark, if the mark was registered in the name
of the agent. The Court rejects the proposal, if the agent their negotiations properly
reasons and grounds for showing. On the basis of a final decision of the Court Office
at the request of the trademark owner shall change in the register and the
the fact shall be published in the Gazette of the industrial property Office (hereinafter referred to
"the Gazette"). The elements of the request for the indication of change of owner
trade mark relating to the data on the participants in the proceedings and the information about the
trade mark lays down detailed legal prescription.
§ 17
Other rights
(1) a trademark may be subject to a lien, the subject of
enforcement of a decision or execution and can be included in the estate
under special legislation ^ 6a).
(2) the matters referred to in paragraph 1, the authority shall at the request of writes to the
the register, within 1 month from receipt of the request. Essentials
applications for the registration of information relating to participants in the proceedings and the information about the
trade mark lays down detailed legal prescription.
(3) a lien for trade mark registration in the register,
unless otherwise provided by special legal regulations otherwise.
section 18
License
(1) the right to use a trademark may be granted on the basis of the
the license agreement concluded under special legal regulation ^ 7)
all of the products or services for which the trade mark is registered,
or for some of them. A licence may be granted as an exclusive or
non-exclusive.
(2) the owner of a trade mark may invoke the rights of protection of the
mark against a licensee who contravenes the provisions of the license
the Treaty, as regards the duration of licences, the form in which it can be
the trademark has been used, the range of products or services for which it was
the licence is granted, the territory in which the trade mark may be used,
or quality of the goods or services produced or provided by the acquirer
licence.
(3) the license contract is effective against third parties by writing to the register;
for entry in the register shall be entitled to apply any of the Contracting Parties.
Requirements for an application for the registration of license contracts in the register concerning the
the data of the participants in the proceedings and the information about the trade mark lays down detailed
legal prescription.
§ 18a
Joint ownership of the trade mark
(1) Pertain to the same trade mark rights to several persons (hereinafter referred to as
"co-owners"), the relationships between them shall be governed by the provisions on the
the co-ownership.
(2) unless otherwise agreed, the co-owners has the right to use the
each of its trademark owners.
(3) a valid license is required, if not agreed
otherwise, the consent of all joint owners; each of the joint owners is
entitled to enforce claims of violations of the rights of the trade mark
separately.
(4) a transfer of a trade mark is required the consent of all
the joint owners. Joint owner is authorized without the consent of the other
to convert its stake only to one of the joint owners; on the third person
can convert its stake only in the case that none of the joint owners
does not accept within 1 month of a written offer of the transfer.
THE HEAD OF THE
APPLICATION
§ 19
Application
(1) the registration of a trade mark in the register is applied for the application to be filed with
The Office; each application may relate to only one trade mark.
(2) the application must contain
and) application for registration of the trademark in the register,
(b)), the name and surname and address of natural persons the place of its permanent
of stay, where appropriate, the address for service, if the applicant is a natural
person, or business name, or other name and address, if
the applicant legal person (hereinafter referred to as "identification data"),
(c) information on the identity of the representative), if the applicant is represented,
(d)) the list of goods or services for which registration is requested protective
mark,
(e)), or a representation of the trade mark mark area.
(3) a trade mark, the applicant shall, within 1 month from the date of
filing administrative charges under the special pay legal
Code; ^ 8) if the administrative fee has been paid within the prescribed period,
the application shall be considered as nepodanou. The time limit for payment of the administrative
the fee cannot be extended and its judgment cannot be waived.
(4) the list of goods or services for which registration is requested protective
the mark, the application lists in the order of the classes of the international classification ^ 9)
together with the relevant number of the class. The administrative charges referred to in paragraph 3 shall
apply in the amount corresponding to the number of classes of the international classification ^ 8) products
and services for which the trade mark is přihlašována. International classification
products and Services ^ 9) Office exposes the way enabling the remote
access.
(5) where the applicant Claims a right of priority under section 20, shall indicate in a
the application date of filing of the application, from which derives the right of priority, and
State in which the application is filed. If the applicant applies
the priority of several applications, must also indicate, for each
a product or service from which the application priority.
(6) the application shall be signed by the applicant or his representative.
(7) additional requirements for applications relating to the data on the representation of the trade
Mark lays down detailed legal prescription.
section 20
The date of filing of the application
(1) the date of filing of the application the applicant a right of priority arises from
everyone who submits the application later identical or similar trademarks
for identical or similar products or services.
(2) the right of priority, that results from the Paris Convention, ^ 3) must
the applicant has applied and documented in the application already is within 3 months of
its submission, otherwise the Office admit. Right of priority can be claimed from the
application in which protection is claimed in the EU country of the Paris Convention ^ 3)
or in a State which is a member of the World Trade Organization; ^ 4) if
State in which the first filing of the application is made, is not EU countries
The Paris Convention ^ 3) or a member of the World Trade Organization, ^ 4) to the right
the priority of this Administration to admit only under conditions of reciprocity. The time limit to
proof of the right of priority cannot be extended and its judgment waived.
(3) at the request of the applicant, the Office shall issue a document granting rights
priority (priority document).
TITLE VI OF THE
THE PROCEDURE FOR APPLICATION
section 21
Formal survey
(1) the Office shall examine whether the application complies with the requirements set out in section 19.
(2) if the application does not satisfy the requirements referred to in section 19, paragraph. 1, 2, 4 to 6,
The Office shall invite the applicant, within the prescribed period, to which, however, must
be at least 15 days, the deficiencies found.
(3) if the deficiencies are not eliminated the requirements referred to in section 19, paragraph. 1,
2, 4 and 6 have been filed, the Office shall reject the application.
(4) if the amount of the administrative fee has been paid in pursuant to section 19, paragraph. 4 invite
The Office of the applicant after the expiration of the deadline provided for in section 19, paragraph. 3 to its
payment and set a time limit of 15 days to do so. If the outstanding balance is paid
even in this period, the application shall be deemed to have been filed in the range of classes
the goods and services covered by the amount paid. If it is not
clear that the class of goods or services the amount paid
apply, shall be deemed to have been filed in the application scope of the classes of goods and
the services listed in the application in order from the lowest, which paid
the amount includes. If the administrative fee has been paid or the amount
that corresponds to the administrative fee for the filing of the application, the
the administrative fee for the unpaid and paid part of the Administrative Office of the
the fee to the applicant returns.
section 22
Substantive examination
(1) if there is no sign of the mark registration under section 4, or section 6,
The Office shall refuse the application. If you do not sign the registration of the mark
to register only for the portion of the products or services, the Office shall reject the application in
This range. Details of the decision rejecting the application, the Office shall publish the
in the Journal.
(2) the Office shall reject the application if the mark contains elements of the mark
the earlier trade mark, which is applied for or registered for another
owner, if these elements could lead to confusion with the older
trade mark; The Office does not reject the application, if the owner or
the earlier trade mark, the applicant grants written consent to registration
the later trade mark in the register.
(3) if the mark contains an element that has no markings distinguishing
eligibility, and if he can keep this element in the trade mark invoked
doubts as to the scope of protection, the applicant may limit the scope of the protection
in relation to the element přihlašovaného; This limitation of the scope of protection
The Office shall publish, together with the application (§ 23). Restriction of the scope of protection cannot be
take it back.
(4) before issuing the decision rejecting the application, the Office is obliged to
allow the applicant to comment on the reasons for which the application intends to
reject.
section 23
Publication of the application
If the conditions laid down in this Act, the authority shall publish
the application in the Journal.
Comments and objections
section 24
Comments
(1) Every may until the registration of the trade mark in the register may submit to the Office
written comments, based in particular on the grounds referred to in section 4 or section 6; to
comments by the Office shall take into account when deciding on the registration of the trade mark in
the register. The person who made the comments, the proceedings
about the application before the Office.
(2) the applicant must be the authority on the observations and the results of their
the assessment is informed and has the right to express them within the prescribed period.
The person who made the comment, the Office of the outcome of the assessment of its
informed comments.
(3) the comments referred to in paragraph 1 may be made of the grounds under section 7.
Comments must contain the particulars set out in the implementing the legal
the code.
§ 25
The objections
(1) a person referred to in section 7 may lodge an objection within a period of 3 months from the
publication of the application, and for the reasons referred to in that provision.
The deadline for the submission of objections cannot be extended and its judgment cannot be
waived.
(2) the objection must be made in writing and must be justified and
supported by the evidence. To complement the objections and evidence submitted on their
support after the time limit referred to in paragraph 1, the Office shall be taken into account. Along with the
the amendment is objecting shall pay an administrative fee in accordance with
special legislation; ^ 8) if the administrative fee has been paid,
They shall be deemed to have been lodged for the objections.
(3) the details of the terms of the objections laid down detailed legal
prescription.
section 26
The procedure for objections
(1) the Office of the opposition stops if the unconscious reason for opposition.
Decision to terminate proceedings on the objections, the authority shall deliver to the applicant and the
namítajícímu.
(2) the Office shall refuse the objections have been filed in the legal time limit was not
submitted by the person referred to in section 7, if not the reasons for opposition
or supported by evidence.
(3) if the Office does not stop the procedure for objections pursuant to paragraph 1 or
If the Court rejects the objections referred to in paragraph 2, it shall inform the applicant of their
the content and set a time limit within which to express objections. The Office of the
also may invite the opposing party to the applicant, and within the
the time limit for objections to try to agree. If the opposition is withdrawn, the Office shall
opposition in stops. If the applicant has objections in
the prescribed time limit, the Office shall decide on the contrary from objections by the content
the file.
(4) if the Office finds that the requested trade mark does not interfere with
the law protected the older rights of third persons referred to in section 7, the objections
will be rejected.
(5) if the Office finds, in the course of the proceedings the statement of objections, that the requested
trade mark satisfies the conditions for registration only for some products
or services for which the application was filed, shall reject the application in
the range of products or services for which the application does not meet the conditions
the registration.
(6) the applicant shall deliver a written copy and namítajícímu
decision to refuse the application or the decision of rejection of the opposition.
Information about the rejection of the application or the refusal of the opposition the Office shall publish
in the Journal.
section 27 of the
Edit application
(1) unless provided otherwise below, after the filing of the application cannot be carried out in
the application changes, in particular, you cannot extend the list of goods and services for
which the application was filed.
(2) the application may be adjusted at the request of the applicant, only for
to change the name and the surname, name, business name and address of the place of
permanent residence, headquarters, or errors in the formulation of the transcript, or
obvious mistakes, if this amendment lists the data of trademarks
in accordance with the facts, without having changed the designation of the candidate
substantially. If the adjustment přihlašovaného description or
the list of goods or services and, if they occur after the publication of the application,
the application shall be published as again was changed.
(3) the applicant may withdraw his application at any time. The application, which
has been withdrawn, the Office will stop; in this case, the already paid
the administrative fee is not refundable.
(4) the applicant may at any time restrict the list of goods or services in
the application form. This limitation cannot be undone.
(5) the applicant is to the registration of a trade mark in the register shall be entitled to
the application sought for more products or services to split. The right to
the priority of the original application will be retained for the application of the split,
If they contain only the products or services listed in the original application.
The applicant is required to pay an administrative fee in accordance with the Special
^ Law 8) for so many applications, many as a result of
the Division of the original application was created.
(6) the particulars of the request for adjustment and Division of the application for
the data of the applicant, or his representative, and the management of data on
Mark mark lays down detailed legal prescription.
(7) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to registered
the trade mark.
section 28
The registration of
(1) if the application Satisfies the requirements of this Act, unless the management of the
the application is stopped and have not been submitted within the time limit specified in § 25 paragraph.
1 the objection or if the opposition is rejected by a final decision or
management of them been stopped, writes to the Trademark Office
the register, together with the date of registration and shall issue to the owner of the trade mark
certificate of registration of the trade mark in the register.
(2) the registration of a trade mark in the register, the Office shall notify in the Gazette.
(3) the effects of registration of the trade mark in the register occurs on the date of registration in the
the register.
TITLE VII
PERIOD OF VALIDITY AND RENEWAL OF REGISTRATION OF A TRADE MARK
section 29
Period of validity and renewal of registration
(1) registration of a mark is valid for 10 years from the date of filing of the application.
If the owner does not request for renewal of registration, the trademark shall lapse.
(2) registration of a mark at the request of the owner of the trade mark
restores, always on the next 10 years. For the submission of the request for renewal
the owner is required to pay an administrative fee in accordance with a special legislative
prescription. ^ 8) application for renewal of registration of a trade mark shall be filed as soon as possible
within 12 months before the expiry of the validity period, but no later than the
the day of the end of the validity period. Requirements for an application for renewal of registration
trade marks lays down detailed legal prescription. The deadline for the submission of
application for renewal of registration cannot be extended and its judgment cannot be
waived.
(3) if the administrative fee has been paid or is not paid in
the specified amount, the Office shall invite the owner of the trade mark, so that in the
the prescribed time limit, or paid dearly. If there is no administrative fee
paid within the prescribed period, where appropriate, doplacen, staring at the request of the
renewal of registration, as would have been made; The Authority paid part of the administrative
the fee the applicant returns.
(4) the request for renewal may be filed within a further period at the latest, 6
months after the expiry of the period of validity; in this case, the administrative
the fee referred to in paragraph 2 is paid double the amount.
(5) if the application was filed outside the time limits referred to in paragraph 2 or 4,
It is considered nepodanou; in this case, the applicant no longer returns
paid an administrative fee.
(6) If an application for renewal is made only for some of the products
or services for which the trade mark is registered, the registration is renewed
only for those products or services.
(7) renewal of trademark registration shall take effect on the date on which the
period of validity of trademark registration; the renewal of the Office writes
in the register and published in the Gazette.
TITLE VIII
SURRENDER, REVOCATION AND INVALIDITY
section 30
Waiver of trademark rights
(1) the owner may at the Office by a written declaration giving up rights to protection
mark the extent of all of the products or services for which it is registered, or
some of them; the effects of this statement occur on the date of delivery of the
the Declaration of the owner of the Trademark Office and cannot be taken back. The Office of the
be indicated renunciation of rights to the trademark in the register and shall notify the
Journal.
(2) the owner may, at the written declaration limit the scope of protection in the
relation to the element of the trade mark. About this limitation of the scope of protection, the Office
decides with regard to the fulfilment of the conditions laid down in this law.
Restriction of the scope of protection cannot be undone.
section 31
Cancellation
(1) the Office shall cancel the trademark in proceedings initiated on proposal of the third
persons, if
and the trade mark has not been) a continuous period of 5 years, duly used for
products or services for which it is registered, and there are for non-use
proper grounds; to use, which was initiated, or in which the
Yes, after five years of non-use of the mark within a period of 3 months
before the filing of the application shall not be considered if the preparations for the start of the use of
or continued use occurred after the owner found out about
that could be filed on the cancellation of the trade mark,
(b)), the trade mark has become for the goods or services for which it is
registered, in consequence of acts or inactivity of the proprietor,
the designation, which is usual in the trade,
(c) the trade mark after the date of) its registration as a result of the use of their
by the owner or with his consent in respect of the goods or services for which the
has been registered, may lead to deception of the public, in particular as regards the
the nature, quality or geographical origin of those goods or services.
(2) in proceedings initiated on application within 6 months from the legal power
the Court's decision, according to which the trade mark is the use of illegal
competitive negotiation, the Office shall cancel the trademark. The deadline for the submission of
the application for revocation may not be extended and that its judgment cannot be waived.
(3) if the reason for cancellation in respect of only some of the goods or
services for which the trade mark is registered, the trade mark Office
cancels in the range of these products or services.
§ 32
The nullity of
(1) the authority in proceedings initiated on proposal of a third person or on its own
the complaint shall declare a trade mark invalid if it was registered in the
contravention of section 4 or section 6.
(2) if the trade mark has been registered contrary to section 4 (b). b) or c)
or (d)), will be declared invalid if, in consequence of the use
After its registration, the distinctive character for the goods or services,
for which it is registered.
(3) the Office shall declare the trade mark invalid also in management
initiated at the proposal of the persons referred to in section 7, and for the reasons in this provision
referred to.
(4) The trademark, which has been declared invalid shall be deemed,
as would never have been written.
(5) a trade mark may be declared invalid even after it
the owner gave up, or what the expiry date of lapse.
(6) if there is a reason for invalidity in respect of only some of the goods
or services for which the trade mark is registered, the trade mark is
declared invalid only for these products or services.
section 33
Special provisions on the effects of the cancellation and invalidity
(1) the effects of revocation or invalidity of the trade mark are not relevant
and in the matter of decision) violations of the rights of the trade mark, which took
legal authority and was carried out before the decision on the
revocation or invalidity of the trade mark,
b) contracts concluded before the entry into force of decision of the revocation or
the invalidity of the trade mark to the extent provided in the implementation of their
the basis of the prior to the acquisition of legal power of this decision; You can, however, require
refunds granted on the basis of the Treaty.
(2) the provisions of paragraph 1 shall not affect the liability of the owner of the trade
signs of damage or unjust enrichment.
§ 34
Application for revocation or declaration of invalidity
(1) a proposal for the cancellation of the trade mark or for a declaration of
invalid shall be filed in writing and must be justified and documented evidence.
It is considered filed until after the payment of the administrative fee referred to in
special legislation. ^ 8)
(2) the elements of the proposal on the abolition of the trade mark or the Declaration
trade mark is invalid on the data about the participants of the proceedings and
data on trade mark lays down detailed legal prescription.
(3) the Office shall invite the owner of the trade mark, so that the application for revocation
or a declaration of invalidity. Unless the owner of the trade
signs within the prescribed period, the Office shall decide in accordance with the contents of the file.
TITLE IX OF THE
SPECIAL PROVISIONS ON COLLECTIVE TRADEMARKS
section 35
Collective mark
(1) a collective mark is a trademark, which is as follows
marked when filing the application, and which is capable of distinguishing
products or services of the members or associates of the legal person or the participants
Association ^ 10) from products or services of other persons.
(2) the conditions of use of the collective trade mark, including the penalties for their
violation shall be a written contract about the use of the collective trade
Mark concluded by all members or associates of the legal person, or
the participants of the Association (hereinafter referred to as the "contract for use").
(3) if it is not specified on the application form shall apply to collective
trade mark, for the management of the application, on the rights of the collective
trademarks, in case of cancellation and declaration or collective
trade mark is invalid the provisions of titles I to VIII and X
Similarly.
section 36
Requirements for registration of the collective mark
(1) the registration of a collective mark is requested, a written application
have been filed with the Office.
(2) the application for a collective mark must be outside of the elements referred to
in § 19 contain the information about the identity of the members, shareholders or participants
the applicant, who can use a collective mark.
(3) the application for registration of a collective mark shall be accompanied by a contract for the
the use of the.
§ 37
A survey of the application of the collective mark
(1) the Office shall subject the application of the collective mark in the survey
the range specified in § 21 to 27 with the fact that the fulfilment of the conditions laid down in
section 4 (b). (b)), the Office assessed with regard to § 35 paragraph. 1.
(2) the Office shall, at the request of change of the composition of the register writes to members or associates
legal persons or participants of the Association.
section 38
The rights of the collective mark
(1) the exclusive right to the products or services of collective protection
mark, for that is a collective trade mark is registered, or
use in conjunction with those products or services, or members of the
the companions of a legal person or an Association of participants enrolled in the register.
(2) the owner of the collective mark has the rights to the extent referred to in title
(II) of this law, unless otherwise provided in this title.
(3) the members or members of a legal person or an Association of participants have
the rights referred to in paragraph 1, under the conditions laid down by the Treaty.
section 39
Limitation of the rights of the collective mark
The collective trademark may not be the subject of the license, cannot be
granted as collateral and cannot be transferred to another person.
section 40
The cancellation of the collective mark and the Declaration of invalidity
(1) For the abolition of collective trademarks shall apply to the provisions of section 31.
(2) the Office shall cancel the collective trade mark, also in the case if the
members or members of a legal person or an association the primary participants
way to violate the contract of use and to change the Treaty about the use of the
agree or if a legal person or an association.
(3) for the Declaration of invalidity of a collective mark shall apply
the provisions of § 32, arguing that compliance with section 4 (b). (b)) shall be treated with
taking into account paragraph to section 35. 1.
TITLE X
GENERAL PROVISIONS ON PROCEEDINGS BEFORE THE OFFICE
§ 41
The submission of
Any filing Office shall be in the language of the Czech Republic.
section 42
The decomposition of
(1) against the decision of the Office may be filed within a period of 1 month from the date of delivery of the
the decision of the decomposition. The decomposition has a suspensory effect. The deadline for submission of the decomposition
cannot be extended and its judgment cannot be waived.
(2) the Breakdown is considered filed until after what is paid to the administrative
charge under special legislation. ^ 8)
(3) a factual justification for decay must be submitted to the Office within the time limit 1
months from the date of filing. The deadline to submit justification for the degradation
cannot be extended and its judgment cannot be waived.
§ 43
Relief
(1) If a participant has submitted proof that he could not own fault
to comply with the time limit laid down by the law or by the Office, at its request,
remitted missed periods, unless otherwise provided by this Act.
(2) the request referred to in paragraph 1 must be made in writing within 2 months from the
institutional barriers, for which the Act could be made, but no later than
within 12 months from the date of expiry of the period within which the Act should be made;
the participant is obliged to indicate in the application the reasons for which missed the implementation
the Act, to make the omitted Act and pay the administrative fee remission
missed periods under special legislation. ^ 8) time limit for the submission of
applications for relief cannot be extended and its default judgment
waived.
(3) if the Authority requests for relief, don't happen
the legal effects of the termination of the proceeding, or the loss of other rights;
the decision on the relief Office shall notify in the Gazette.
(4) the rights acquired by third parties in good faith between stopping and control
the announcement of the relief in the Journal remains by decision
the relief shall remain unaffected.
§ 44
Register and Gazette
(1) the Office shall keep a register that contains the applicable information on the applications and
the applicable data on registered trade marks laid down by law,
the implementing law or specified by the Office.
(2) the register is public and everyone has the right to inspect it, take
copies and extracts. The Office shall issue on request certified a full listing or
partial extract from the register or a copy of the registration certificate or a
registration or confirmation that the information in the register is not. Official
Validation confirms the conformity of the statement or copy of registration in the register.
An applicant for listing or a copy of the request is obliged to pay administrative
charge under special legislation. ^ 8)
(3) the authority shall, without delay after receipt of the change of data in the register of
application or the registered trade mark resulting from the final
the decision of the competent authority.
(4) the register is kept in electronic form and the Office publishes information
listed in the index in a manner enabling remote access.
(5) Note built under the Civil Code ^ 15) may cover only
the record in the register, which is characterized by the management of the trade mark
as the subject of ownership.
(6) Details of the contents of the register shall determine the implementing legislation.
(7) the Office publishes the Journal, in which he exposes the application and, in particular, registered
trademarks and other information relating to the trade mark, or
the communication and information of a general character issued by the Office, as well as the official communication
and decisions of fundamental nature.
section 45
(1) unless otherwise provided by this Act, applies to the procedure on safeguard
signs of the administrative code, with the exception of the provisions concerning the verification of full powers for the
an indefinite number of proceedings, ^ 11) about the authentication of official stamps and signatures on
public schedules issued by the authorities of foreign States, ^ 11a) to interrupt
control ^ 11b) of the time limits for the issuance of the decision, ^ 11 c) on protection against
idle, ^ 11 d) further provisions on the management of the specific characteristics of the decomposition
the provisions on the composition of the Appeal Committee of the Commission and on how their
control of the degradation of ^ and 11e) ban on changes of the contested
the decision because of the loss of the possibility to appeal. ^ 11f)
(2) Against the final decision of the Office against the action is permissible
decision under special legislation. ^ 12)
TITLE XI
FOREIGN RELATIONS
section 46
(1) persons who have business, place of residence or registered office in the
a State which is a Contracting Party to the Paris Convention, ^ 3) or a State
is a member of the World Trade Organization, ^ 4) where appropriate, the national
nationals of that State, have the same rights as persons who have
the Czech nationality or have a business in the territory of the Czech Republic,
place of residence or registered office; If the State of which the person is a national of
a national or in whose territory the undertaking has, place of residence or
the seat of the EU countries is not ^ 3) of the Paris Convention or a member of the world trade
Organization, ^ 4) can be right under this Act to admit only under the conditions
reciprocity.
(2) a person who is not on the territory of the Czech Republic enterprise, instead of permanent
residence or head office must be in control of the trade mark represented by
in accordance with the specific legislation. ^ 13)
(3) the provisions of paragraph 2 shall not apply to natural persons who are
nationals of a Member State of the European Union or a State which is
Contracting Party to the agreement on the European economic area, and are
established on the territory of the Czech Republic or provide services on the territory of the Czech
of the Republic, and to legal persons, that have their head office or their management
business activities in the territory of a Member State of the European Union or
State that is a Contracting Party to the agreement on the European economic
space, and are established on the territory of the Czech Republic or provide
services on the territory of the Czech Republic. These persons must for proceedings before the Office
give an address in the Czech Republic, where she will receive the official
documents relating to the application or the registered trade mark.
Application for international registration
section 47
(1) persons who have business, place of residence or registered office in the Czech
Republic, or have the Czech nationality, may apply for
the international registration of a mark under the international treaty, ^ 1)
where appropriate, for the registration of changes concerning an international registration
through the Office.
(2) the requirements for applications for international registration applications and applications for
registration of changes relating to the international registration establishes the detailed legal
prescription.
(3) the applicant for a trade mark, the application for international registration is
obliged for the acts referred to in paragraph 1 to pay the fees provided for also
According to the international treaty; ^ 3) the amount of the charges laid down by the international
the contract shall notify the authority in the Gazette.
section 48
(1) the registration of international trademarks, which have been granted protection in the
The Czech Republic, has the same effect as the registration of a national trade mark to
register maintained by the Office.
(2) the time limit for opposition against the registration of international trademarks
begin the first day of the month following the month in which the
Mark published in the journal of the International Office of intellectual
ownership. ^ 14)
TITLE XII
TRADE MARK LAW OF THE EUROPEAN COMMUNITY TRADE MARK
COMMUNITY
The Community trade mark
section 49
Community trade mark application ^ 2) may be filed with the Office,
which shall mark the application the date of its submission and forward it within 14 days of the Office
for harmonization in the internal market (trademarks and designs). ^ 2) For transmission
application, the applicant is required to pay costs associated with the
adoption and passing the application; its amount is determined by the detailed legal
prescription.
section 50
Conversion into a national trade mark
(1) the authority shall consult the request to initiate a national procedure for the conversion of
the application or the Community trade mark application on the application
a national trade mark in accordance with article 109 of Council regulation, ^ 2)
the applicant shall, within 2 months from the receipt of the request
and pay the administrative fee) under special legislation, ^ 8)
(b) submit a translation of the application) and its annexes into the Czech language and connects
the original application,
(c)) shall state an address for service in the Czech Republic,
(d)) shall submit the text or the representation of the trade mark in the number of specified
the implementing legislation.
(2) the Office shall examine whether the application is admissible in accordance with article 108, paragraph. 2
Council regulation. ^ 2) where the application Is inadmissible, the Office shall reject it.
(3) application, which was created by conversion of Community trade mark applications
Community, shall be granted, the date of filing or the date of priority of the
the original application and, where appropriate, the seniority of the earlier trade mark rights,
on which the claim under articles 34 and 35 of Council regulation. ^ 2)
(4) in the case of the application resulting from the conversion of an already registered trade mark
The Community Trademark Office writes without further to register with the law
the priority date, that the Community trade mark has been granted, and this
the fact shall be published in the Gazette.
section 51
(1) the owner of a national trade mark, the application was filed in
good faith prior to the approach of the Czech Republic to the European Union, or
infers a right of priority from the time before the approach of the Czech Republic to
The European Union has the right to prohibit the use of the trade in the Czech Republic
mark, whose effects have been extended to the territory of the Czech
of the Republic on the basis of the Czech Republic to the European Union, if the
and) the Community trade mark is identical with such national trade
mark and the goods or services for which they are both marks are
the same, or
(b)) due to the similarity of such conformity or national trade mark with
Community trade mark and of the conformity or similarity of the goods or
services to which the mark applies, there is a likelihood
confusion on the part of the public, including the likelihood of association with the national
trade mark, or
(c)) of the Community trade mark is identical with such national trade
mark or is similar to, and products or services to which the
trademarks apply, they are not identical or similar to the national
trademark in the Czech Republic's good name and where use
the Community trade mark has benefited from false distinguishing
or the good name of this national trade mark or
It was on the injury.
(2) the owner of a national trade mark referred to in paragraph 1 may, in
violation of their rights to demand compensation for the damage suffered by him
of the community to the territory of the Czech Republic in the range specified by
Act No. 221/2006 Coll. on enforcement of industrial property rights and
change the laws on the protection of industrial property (law on enforcement of rights
of industrial property).
TITLE XIII
THE PROVISIONS OF THE TRANSITIONAL, ENABLING AND CANCELLATION
section 52
Transitional provisions
(1) a trade mark registered under the earlier legislation
remain in force. If the application for a declaration of the trade mark
invalid due to its registration in violation of the law,
zápisná competence of the trade mark under the law in force at the time of registration
the trade mark in the register. However, a trade mark will not be declared
an invalid, if its registration in accordance with this Act.
(2) for the management of applications, which ended prior to the date
the effectiveness of this law, this law shall apply. Effects of procedural
actions taken in these proceedings shall remain in force and shall be considered
mutatis mutandis, under this Act. If the application filed prior to the date
the effectiveness of this Act which under this law prevents
examination, the Office shall invite the applicant to remove them and set a
to do this, a reasonable time limit.
(3) if the application Is prior to the date of entry into force of this Act
published, but the deadline for filing objections provided for in § 25 of this Act
prior to the date of his effectiveness ended, may be made in the
the time limit, but not later than within 1 month from the date of entry into force of
of this law, against the opposition and the trade mark pursuant to section 7 of this
the law. Before registration of the trade mark in the register, the Office shall review and
compliance with the conditions of registration laid down in accordance with § 1, 2, 5 and 6 of this Act.
(4) If, before the date of entry into force of this Act, filed the
expungement under section 25 of the existing law, will be discussed as a proposal on
the cancellation of the trade mark or for a declaration of invalidity
When compliance with the conditions and with the effects laid down in this law.
(5) if the proceedings Ended for the deletion of trademarks according to § 25 paragraph. 2 and
3 the existing law before the date of entry into force of this Act, is
the applicant Authority shall be obliged to challenge the deletion to prove use of the earlier
the trade mark within the meaning of § 13 of this Act.
(6) the request for cancellation of the trademark from the register under section 26 of the existing
the law can be made up to 1 year from the date of entry into force of this Act.
(7) if the collective mark is registered under the former
without the legislation, the current owners have created special
the legal person may do so within 1 year from the date of entry into force of
of this law. After the fruitless expiry of this period, the relationship between the present
the owner of a collective mark be governed by general legislation on
the co-ownership.
(8) the relationships of trade marks registered in the register before the date of entry into
the effectiveness of this law shall be governed by the provisions of this Act. The emergence of
These relationships, as well as claims arising from them shall, however, be assessed in accordance with
the regulations in force at the time of their creation.
(9) a statement for the famous trade mark pursuant to section 18 of Act No.
174/1988 Coll. on trademarks, remain after the period provided for in § 42
paragraph. 3 of Act No. 137/1995 Coll. on trademarks in force.
section 53
The enabling provisions
The Office shall issue a proclamation in which modifies the requirements for an application for registration of a transfer and the
the transition of a trade mark (section 15), Essentials of the application for designation changes
the owner of a trade mark (section 16) of the essentials, the application for registration
Lien, the enforcement and execution, the insolvency proceedings (section
17), the requirements for an application for the registration of a license agreement (section 18), Essentials
application (section 19), Essentials of the comments to the application (section 24),
the particulars of objections against registration (section 25), the requirements for an application for adjustment
or Division of the application (section 27), the requirements for an application for renewal of registration
trade mark (section 29), Essentials of the proposal on the abolition or declaration
trade mark is invalid (section 34), the information given in the register (section 44),
particulars of the application for international registration and a request for operations in
the international register of marks (section 47), the amount of the reimbursement of the costs for the
transmission of the Community trade mark application (section 49) and a number of texts
or the representation of the trade mark [section 50 (1) (b), (d))].
§ 54
Cancellation provisions
Shall be deleted:
1. Act No. 137/1995 Coll. on trademarks as amended
regulations.
2. Decree No 213/1995 Coll., to implement the law on trade marks.
PART THE SECOND
Amendment of the Act on courts and judges
section 55
In section 39 of Act No. 6/2002 Coll., on courts, judges, lay judges and the State
administration of courts and amending certain other laws (the law on the courts and
the Judges Act), the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the municipal court in Prague in the Czech Republic as the Court of first
instance for the Community trade mark pursuant to article. 92 of Council regulation
Of the European Communities No 40/1994 of 20. December 1993 on the protection
Mark community. ".
PART THE THIRD
The EFFECTIVENESS of the
section 56
This law shall enter into force on 1 January 2005. in April 2004, with the exception of the provisions
the first part of section 2 (a). (c)), section 3 (b). and (3) and §) of point 3 (b). (b)), section 7 (2).
1 (a). (e)), section 11 (2). 2, § 46 paragraph. 3, title XII, and part two, which
shall take effect on the date of the Treaty of accession of the Czech Republic to
The European Union enters into force.
Zaorálek in r.
Klaus r.
Spidla in r.
1) Madrid Agreement concerning the international registration of industrial or commercial
marks of 14 June. April 1891, revised at Brussels on 14 November. December
1900, in Washington the day 2. in June 1911, at the Hague on 6. November 1925
in London, December 2. in June 1934, at Nice on 15. in June 1957, and in
Stockholm, 14 December. July 1967, published under no. 65/1975 Coll., on the
the texts of Decree No. 78/1985 Coll., and the Protocol relating to the Madrid Agreement concerning the
the international registration of marks, done at Madrid on June 27. June
1989, published under no. 248/1996 Coll.
2 Council of the European communities) of Regulation No 40/94 of 20. December 1993 on the
the Community trade mark regulation, the Council of the European Communities No.
3288/94 of 22. December 1994, amending Regulation No 40/94.
3) Paris Convention for the protection of industrial property of 20 March.
March 1883, revised at Brussels on 14 November. in December 1900, in Washington, d.c.
day 2. in June 1911, at the Hague on 6. November 1925, in London 2.
in June 1934, in Lisbon on 31 December 2004. October 1958 and at Stockholm on 14 July.
July 1967, published under no. 64/1975 Coll., as amended by Decree No.
81/1985 Coll.
4) Annex 1 c to the agreement establishing the World Trade Organization (WTO),
published under no. 191/1995 Sb.
6) for example, § 460 of Act No. 40/1964 Coll., the civil code, as amended by
amended, § 69a and 479 of Act No. 513/1991 Coll., the commercial
code, as amended.
6a) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
7) section 508 to 515 of the commercial code.
8) Act No 368/1992 Coll., on administrative fees, as amended
regulations.
9) the Treaty of the Convention on the international classification of goods and services for the purposes of
the registration of marks of 15 June. June 1957, as revised at Stockholm on 14 July.
July 1967 and at Geneva on 13 June 2000. in May 1977, published under no.
118/1979, Coll., as amended by Decree No. 77/1985 Coll.
for example, 10) § 69 of Act No. 455/1991 Coll., on trades
(Trade Act), Act No. 83/1990 Coll. on Association of citizens in the
as amended, and section 20f and the following section 829 and the following
of the civil code.
11) § 33 paragraph. 2 (a). (c)) of the administrative code.
11A) § 53 paragraph. 4 of the administrative code.
11B) section 64 and 65 of the administrative code.
11 c) § 71 paragraph. 1 and 3 of the administrative code.
11 d) section 80 of the code of administrative procedure.
11e) § 152 paragraph. 3 and 5 of the administrative code.
11F) section 90, paragraph. 1 (a). (c)) of the administrative code.
12) Act No. 150/2002 Coll., the administrative court procedure code, as amended by Act No.
192/2003 Coll.
13) Act No. 85/1996 Coll., on the legal profession, as amended.
Act No. 237/1991 Coll., on patent agents, as amended
regulations.
14) Convention establishing the world intellectual property organization,
signed in Stockholm on 14 July. July 1967, published under no.
69/1975 Coll., as amended by Decree No. 80/1985 Coll.
15 986) section of the civil code.
