355/2014 Sb.
LAW
of 18 July 2003. December 2014
about the competence of the authorities of the customs administration of the Czech Republic in connection with the
enforcement of intellectual property rights
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
GENERAL PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates the competence of the authorities of the customs administration of the Czech Republic
(hereinafter referred to as "Customs Administration") in connection with the enforcement of intellectual
ownership, for the performance of
and the measures in conjunction with) a person who is authorized to enforce the law
intellectual property,
(b) the supervision of compliance with obligations) and the prohibitions in connection with the recovery of
intellectual property rights.
(2) the competence referred to in paragraph 1 is exercised
and, on the domestic market)
(b) when the customs supervision) and following on directly applicable provision
The European Union regulating the competence of the Customs authorities in connection with the
enforcement of intellectual property rights "^ 1") (hereinafter "the regulation of the European
the Union ").
§ 2
Performance of the
(1) the scope under this Act shall be exercised by the Customs authorities.
(2) the Customs Office for the Hradec Kralove region (hereinafter referred to as the "designated customs office")
is the locally competent in matters of adoption of the decision on the application of the measures.
§ 3
Goods on the domestic market
Of goods on the domestic market for the purposes of this Act, means the goods,
which
and) is located on the territory of the Czech Republic and
(b)) shall not be subject to the customs territory of the European Union customs supervision by directly
the applicable regulation in the European Union ^ 2).
§ 4
The concepts of
For the purposes of the performance of the scope of the Customs authorities in connection with the
enforcement of intellectual property rights on a national market definition
the terms referred to in article 2 of the regulation, the European Union shall apply mutatis mutandis to the
the exception of those the use of which is not possible from the nature of things.
§ 5
The prohibition on disposal of goods infringing an intellectual property right
(1) it is prohibited to dispose of the goods infringing an intellectual property right
ownership.
(2) the handling of goods for the purposes of this Act, means, in particular,
the production, processing, transport, transportation, storage, sale or other
conversion, bidding, importation, exportation, placing on the market, taking over, use or
possession of the goods, if such treatment is not for personal
the need for physical persons.
PART THE SECOND
MEASURES ON THE NATIONAL MARKET
TITLE I OF THE
GENERAL PROVISIONS
§ 6
Measures on the national market
(1) Measures on the national market is the detention of goods on the national
the market authority of customs administration in the cases provided for in this Act.
(2) Measures on the national market shall not apply to goods which have been
made
and beyond the agreed quantities) holds the intellectual property rights
the manufacturer of the goods, or
(b) with the consent of the holder) intellectual property rights.
TITLE II
IN CASES CONCERNING MEASURES ON THE NATIONAL MARKET
section 7 of the
The application for the adoption of measures on the national market
Submit the application for the adoption of measures on the national market, the person may,
It is entitled to enforce intellectual property rights under the law
relating to the enforcement of industrial property rights or by
copyright law (hereinafter the "authorized person").
§ 8
The decision on the application for the adoption of measures on the national market
(1) the conditions for the issuance of the decision, which shall be approved by the designated customs office
the application for the adoption of measures on the national market (hereinafter referred to as "the decision of the
for the national market "), are
and) the fact that the person has communicated the fact to allow
adoption of measures on the national market,
(b)), the application for action on the national market with a proven
related to intellectual property law enforceable in the territory of the Czech
Republic and the
(c)), the fact that the person is bezdlužná.
(2) the decision for the national market, the Customs office designated by the
and set a time limit) of not more than 1 year, in which the Customs authorities of the
Administration to take action on the domestic market, and the beginning of the run time of this
the time limits and the
(b)) the adoption of measures allowing for the fact on the national market.
§ 9
Change the decision for the national market
(1) the period within which the Customs authorities are to take measures to
national market, the Customs office specified on the request of the person, which was
decision for the national market (hereinafter referred to as "the holder of the decision
for the national market "), a decision shall be extended for not more than 1 year, and even
repeatedly.
(2) the request under paragraph 1, the designated Office shall reject
and) was filed less than 15 days before the expiry of the
the extension is sought, or
(b)) are conditions for the annulment of the decision for the national market of the
ex officio.
(3) the designated customs office will change the decision for the national market, where they are
the conditions for the issue of a decision for the national market have been met and it
and, at the request of the holder) for the national market, or
b) ex officio, if there is a change in the information referred to in the decision for the
the national market.
(4) the first act of a designated customs office, in the matter of amendments to the decision referred to in
paragraph 3 (b). (b)) may be issued.
§ 10
Annulment of the decision for the national market, on the proposal for a
The designated customs office shall revoke the decision for the national market, on the proposal for a
the holder for the national market.
§ 11
Annulment of the decision for the national market, ex officio
(1) where a designated Office, that do not meet the conditions for the issue of
the decision for the national market, it shall invite the holder to
the national market to meet them within the time limit laid down by the designated customs
by the Office, if the nature of these conditions meet admits.
(2) the designated Office shall revoke the decision for the national market, if
and) the holder for the national market to call a specified customs
the Office does not provide within the prescribed period, that the conditions for the issue of
the decision for the national market,
(b)) are not the conditions for the issuing of the decision for the national market,
to meet the intended Customs Office does,
(c)) the holder for the national market has not repeatedly
the obligation of notification according to § 12,
(d)) the holder has not complied with the obligation for the national market return
the Office of the samples that have been provided to him, or prove their
destruction or damage of the tamper,
(e)) the holder for the national market has failed to fulfil an obligation repeatedly
pay the costs under section 49 or
(f)) the holder for the national market without a serious reason
repeatedly he has not submitted a proposal to initiate court proceedings to determine whether the
intellectual property right has been infringed.
§ 12
Obligations of the holder of the decision for the national market
(1) the holder of the decision for the national market is obliged to notify the designated
the Customs Office of
and the fact that they can) be grounds for annulment of the decision
the national market, or
(b)) change the data referred to in the decision for the national market.
(2) the fact or the amendment of the particulars referred to in paragraph 1, the holder of the decision
for the national market shall be obliged to notify within 3 working days from the date when the
is found, but not later than 10 working days from the day when,
electronically in the format and structure of the published designated by the customs
the Office in a manner enabling remote access.
(3) the holder of the decision for the national market information which may
have been provided by the authority of the Customs Administration referred to in section 13 (3). 2, § 15 paragraph. 1 and
2 or § 16. 1, or findings from examination of the seized goods and
his collection of samples in accordance with section 17, used only for the purposes of
and the simplified procedure for destruction) of the goods,
(b)) of the Court of the procedure for determining whether a right has been infringed intellectual
ownership,
(c) the claims of the threat) or violations of the intellectual
ownership, or
(d)) of the criminal or administrative proceedings.
TITLE III
DETENTION OF GOODS ON THE DOMESTIC MARKET AND RELATED PROCEDURES
section 13
Detention of goods
(1) the Customs Office when the performance of supervision in the field of treatment of goods on
national market shall withhold
and goods suspected of infringement) intellectual property rights, with the exception of the
perishable goods, for which a decision has not been issued for
the national market, or
(b)) the goods which you can reasonably assume that it is treated in the
not contrary to the conditions of transfer for humanitarian purposes.
(2) before the retention of the goods, the Customs Office may invite the holder to
the national market, or any person who may be in relation to the
the goods by an authorized person, to provide information relating to the goods,
that enable his detention. The Customs Office can provide these persons
information about the actual or estimated quantity and the nature of the goods.
(3) the Customs office information on the detention of the goods orally notify the person who has
the goods at the time of the detention, and instruct her on the legal consequences of
the simplified proceedings arising from the destruction of the goods.
(4) the detention of the goods the customs authority draws up a protocol.
(5) the Office shall send to the person not later than the following working day, which
the goods were seized, the announcement of this fact and instruct her on the legal
the consequences resulting from the simplified procedure for destruction of the goods,
and) if it is a different person from the person who had the goods at the time of
detention, and
(b)) If this is known.
§ 14
Disposal of seized goods
(1) the Customs Office may ex officio decide that the detained goods
the person leaves, which were seized, and at the same time it saves, that the goods shall not
destroy or dispose of it with the exception of its possession or storage.
The first act of a Customs Office in the matter may be the release of the decision.
(2) if it is not decided that the detained goods leaving the person
It was seized, the Office keeps him or stored at the expense of the person,
that the goods were seized, and if it is not, at the expense of the holder
for the national market.
(3) a part of the cost of the possession and storage of seized goods are also
the cost of transport.
§ 15
Procedure after the detention of the goods on the basis of the decision for the national market
(1) the Customs Office, which held back the goods, for which a decision has been issued
for the national market, no later than the following working day after detention
the goods send an announcement for the national market, in
stating
and date of the apprehension of goods)
(b) actual or) information on the estimated quantities of the goods and their
the nature and
(c) the person's identification data), that the goods were seized, if this
the person is known.
(2) at the request of the holder for the national market, the Customs Office, him
that held goods, you shall notify to the other information concerning detainee
goods and persons with him ', if these information
known.
(3) the holder of the decision for the national market, is obliged within 10 working
days, or in the case of perishable goods within 3 working days from the
date of the notification referred to in paragraph 1, inform the Office that the proposal made by the
the start of the procedure for determining whether a right has been infringed intellectual
ownership. This does not apply in the event that the holder of the decision for the
national market shall submit a proposal for the launch of a simplified procedure for destruction
of the goods.
(4) the Customs Office shall return the goods to the person that was seized, if
and the goods are not destroyed) in the simplified procedure for destruction of the goods,
(b)) the holder for the national market within the time limit referred to in paragraph 3
or under section 20 (2). 1 did not report to the Customs Office that the proposal made by the
the start of the procedure for determining whether a right has been infringed intellectual
ownership,
(c) decide on) prevents the goods and
(d) has not received notification of the competent authority) to exercise supervision according to the law
relating to consumer protection, that the detained goods may serve as
evidence in proceedings for infringement of the law relating to the protection of
of the consumer.
(5) the Customs Office shall return the goods to the person that was arrested, also when
If, after the detention of the goods have passed the grounds on the basis of the goods
seized.
section 16 of the
Procedure after the detention of the goods in the other cases,
(1) the Customs Office, which held back the goods, for which a decision has not been issued
for the national market, no later than the following working day after detention
the goods shall be sent to the person who may be in relation to the boarded the goods
by an authorized person, a notice stating the information about the actual or
the expected quantity of the item and its nature.
(2) the authorized person may submit up to 4 working days from the date of notification of the
referred to in paragraph 1 a request for the adoption of measures on the national market.
The designated customs office shall decide on the application within 2 working days from the date of
receipt of the request.
(3) If an application under paragraph 2 does not include the fact that enables
the adoption of the measures above and beyond the particular detention of the goods, the authorized
the person these facts make up to 10 working days from the date of notification of the
in accordance with paragraph 1. If these facts are supplemented by, the designated Office
issue a new decision for the national market.
(4) the Customs Office shall return the goods to the person that was seized, if
and) in relation to the boarded the goods
1. it was not possible until the next working day after the detention of the goods
to find out the person who may be authorised by the person, or
2. not filed the application for the adoption of measures on the national market in
the time limit referred to in paragraph 2 or the application is rejected, the
(b)) could not be decide to prevent goods and
(c) he has not received the notice) the authority competent for the performance of supervision according to the law
relating to consumer protection, that the detained goods may serve as
evidence in proceedings for infringement of the law relating to the protection of
of the consumer.
(5) the Customs Office shall return the goods to the person that was arrested, also when
If, after the detention of the goods have passed the grounds on the basis of the goods
seized.
§ 17
Examination of the seized goods and the collection of his samples
(1) the Customs Office will allow the holder of the decision for the national market and the person
that the goods were seized, examination of the seized goods, which shall be
under the supervision of the Customs Office.
(2) the Customs Office may take samples of the seized goods and, on request,
provides for the holder of the national market for the purpose of analysis.
Analysis of samples of seized goods shall give the holder for
the national market at its own expense and on its own responsibility.
(3) the holder of the decision for the national market is obliged to immediately after
the implementation analysis
and back at the Office), samples of goods which are the Customs Office
provided, or
(b) the Customs Office) demonstrate that, as a result of the implementation of the analysis of samples
the goods destroyed or damaged in a way to make their return.
TITLE IV
SIMPLIFIED PROCEDURE FOR DESTRUCTION OF GOODS
section 18
Representation to the destruction of the goods in simplified proceedings
(1) Goods suspected of infringement of intellectual property rights may be
destroyed under the supervision of the customs authority, without it is necessary to decide whether it was
intellectual property right has been infringed, if within 10 working days, or
the case of perishable goods within 3 working days from the date of notification of the
the detention of the goods at the Customs Office shall notify the consent with the destruction of the goods
and for the holder) the national market and
(b)) a person that the items were seized.
(2) Goods suspected of infringement of intellectual property rights may be
destroyed in accordance with paragraph 1, and without the consent of the person to whom the items were
seized, if this person
and) within the time limit referred to in paragraph 1, the Customs Office has not notified its opinion to the
possibility of the destruction of the goods, or
(b)) is not known, and within the time limit referred to in paragraph 1, which runs from the date of detention
the item does not become known and at the same time notifies to the Office of your
opinion on the possibility of the destruction of the goods.
(3) the consent of the holder of the decision for the national market with the destruction of the goods
It is considered the proposal to initiate the simplified procedure for destruction of this
of the goods. About the destruction of the goods, the Customs Office shall decide that the goods are held.
(4) the consent to the destruction of the goods in a simplified procedure cannot be undone.
(5) if the seized goods, for which a decision has not been issued for
the national market, the time limit referred to in paragraph 1 shall begin to run from the date of notification of the
the decision for the national market.
§ 19
Destruction of goods in simplified proceedings
(1) the destruction of goods shall be carried out at the expense of the holder for
the national market.
(2) the destruction of goods shall be carried out under the supervision of the three-member Commission of the customs
the Office. About the destruction of the goods, the Customs Office draws up a protocol.
section 20
Procedure in case of non-goods in simplified proceedings
(1) if in consequence of the failure to fulfil the conditions for the destruction of the goods in the
simplified management decided that goods will not be destroyed, the holder of the
the decision for the national market is obliged within 10 working days, or
the case of perishable goods within 3 working days from the date of notification of the
This decision to inform the Office that filed for initiation
of the procedure for determining whether a right has been infringed intellectual
ownership.
(2) the Customs Office may, at the request of the holder for the national market
the time limit referred to in paragraph 1 may be extended by up to an additional 10 working days,
unless it is a perishable items.
PART THE THIRD
MEASURES FOR CUSTOMS SUPERVISION
section 21
To change the decision, which does not apply to intellectual property rights
(1) the designated customs office changes the decision on approval of the application, if
This change does not apply to intellectual property rights, and
and at the request of the holder of the decision), or
b) ex officio, if the
1. the holder has communicated the fact to allow the adoption of measures
When the customs supervision, or
2. There has been a change in the information referred to in the decision.
(2) the first act of a designated customs office, in the matter of amendments to the decision referred to in
paragraph 1 (b). (b)) may be issued.
section 22
The detention of the goods and the suspension of the release of the goods
(1) if the Customs Office in the cases provided for by regulation of the European Union
retained goods or suspend his release, instruct the person who has
the goods at the time of detention or suspension of release, the legal
the consequences resulting from the process of the destruction of the goods pursuant to Regulation
Of the European Union.
(2) the suspension of the detention or release of the goods, the Customs Office draws up a
Protocol.
(3) a person who has been suspended the release of goods, the goods shall not
destroy or dispose of it with the exception of its possession or storage.
(4) the Customs Office may ex officio decide that the detained goods
the person leaves, which were seized, and at the same time it saves, that the goods shall not
destroy or dispose of it with the exception of its possession or storage.
The first act of a Customs Office in the matter may be the release of the decision.
(5) in the case where the Customs Office referred to in the regulation of the European Union shall
to end the detention of the goods, the goods to the person that was arrested.
(6) For detention of the goods is also considered a suspect from the delivery of goods
infringement of intellectual property rights, the Customs office where the goods
subject to customs supervision which ensure the other body of public
power in the exercise of its competence.
section 23
The destruction of the goods
(1) If a regulation of the European Union destroyed goods suspected
infringement of intellectual property rights, the written consent of the
the holder with the destruction of the goods for the proceedings of the
the destruction of such goods.
(2) If a regulation of the European Union applied the procedure for destruction
goods in small consignments, management is about the destruction of such goods initiated
on the day when the Customs Office referred to in the regulation of the European Union announced the declarant
the holder of the goods or detention or suspension of release of the goods with the
a lesson about the legal consequences resulting from the procedure for destruction
goods in small consignments.
(3) the destruction of goods, the Customs Office shall decide that the goods withheld or
has suspended his release.
(4) the destruction of goods shall be carried out under the supervision of the three-member Commission of the customs
the Office. About the destruction of the goods, the Customs Office draws up a protocol.
section 24
The security
(1) the declarant or the holder of the goods shall provide a guarantee in accordance with regulation
Of the European Union
and amounts to a special composition) the account of the Office with the security
must be on this account all the time until the Court's decision in the case,
or
(b)) a bank guarantee, which was adopted by the Customs Office, to ensure
1. the amount of the damages incurred by the holder of the decision set out on the
the basis of a final court decision, that the goods for which it was
the provision of security achieved his release or termination of his
detention infringes an intellectual property right,
2. the arrears that are recorded with the Office or with any other
of the public authorities to the fourth day of the date when the decision of the
the Court in the case.
(2) a bank guarantee must be granted for a specified period, which shall not
be not less than 4 years.
(3) the Office shall decide on the level of security to protect enough
rights of the holder.
(4) before fixing the amount of the security, the Customs Office shall invite the holder of the decision
to communication, what level of security it considers holder
sufficient to protect his rights.
(5) for the administration of the payment of a security, shall apply mutatis mutandis to the provisions of the tax
of the order.
§ 25
The new security
The person who provided a security guarantee, the Bank is obliged in the case,
that in the 6 months before the date of expiry of the period for which the Bank
the warranty given, not to the Court's decision in the case, provide a new
sure, and it
and an extension of the time) which the bank guarantee was granted,
at least 2 years,
(b) the provision of new bank guarantee), which immediately follows the
the previous bank guarantee and which was adopted by the Office, or
(c) the composition of the amount) of the securities to a special account of the Customs Office.
section 26
The Court's decision in the matter of
(1) by decision of the Court, for the purposes of security means the final
decision of the Court of
and damages, if) was issued on the basis of the decision referred to in point (a)
(b)), or
(b)), that the goods for which it has been the provision of security achieved its
the dismissal or termination of his detention violates the right of intellectual
ownership, if the holder of the decision within 90 days from the date of legal power
This decision did not report to the Customs Office that filed for initiation
the court proceedings referred to in subparagraph (a)).
(2) a day, when the Court's decision in the case referred to in paragraph 1 (b).
(b)), for the purposes of the security shall be the date on which the
and) the holder to the Customs Office announced that fails to
the initiation of proceedings pursuant to paragraph 1 (b). and), or
(b)) in vain expiry of the period referred to in paragraph 1 (b). (b)).
section 27 of the
The use of the security when the non-infringement of intellectual property rights
(1) If a court decided that the goods for which it was
the provision of security achieved his release or termination of his
detention, does not violate the intellectual property, it becomes a composite
the amount of the přeplatkem of the person who provided the security. If the resulting
overpayment vratitelným přeplatkem, return it to the Office of that person within 90
days from the date of the entry into force of the Court decision.
(2) the time limit referred to in paragraph 1 is not running during the time when the Customs Office, or
another public authority proceedings,
and) whose result can be the decision on determination of tax, fee, or
another similar financial and
(b)), which was launched within 90 days from the date of the entry into force of the
the decision, that the goods in respect of which it was the provision of security achieved its
the dismissal or termination of his detention, does not violate the right of intellectual
ownership.
(3) If a court decided that the goods for which it was
the provision of security achieved his release or termination of his
detention, does not violate the intellectual property rights, the Customs Office shall invite
the issuer of a bank guarantee for the payment of arrears to the registered
fourth day from the date of this decision for
and) the Customs office or the
(b)) other public authority that its payment of the Customs Office
asked.
(4) the Office shall invite the issuer bank guarantee for the payment of arrears
referred to in paragraph 3 as soon as possible after 90 days, but not later than within 5 months from the
the date of the entry into force of a court decision, that the goods for which it was
the provision of security achieved his release or termination of his
the detention does not violate intellectual property rights.
(5) the issuer of a bank guarantee is required to pay the amount within 15 days from the date of
the date of receipt of the request.
section 28
The use of the security provided the composition amount to infringements of intellectual
the ownership of the
(1) if the Court's decision in the case, it becomes a compound amount
přeplatkem holder, and up to an amount corresponding to the amount
laid down by judicial decision on damages. If the resulting
overpayment vratitelným přeplatkem, return it to the Office of that person within 90
days from the date when the decision of the Court in the case.
(2) the time limit referred to in paragraph 1 is not running during the time when the Customs Office, or
another public authority proceedings,
and) whose result can be the decision on determination of tax, fee, or
another similar financial and
(b)), which was launched within 90 days from the date when the decision of the Court
in the case.
(3) if the Security Is greater than the amount laid down by the
decision on damages, in excess of the amount
fixed by judicial decision on compensation přeplatkem the person who
the assurance provided. If the resulting overpayment, vratitelným přeplatkem,
section 27 shall apply. 1 and 2 apply mutatis mutandis.
section 29
The use of the security provided a bank guarantee in the violation of the rights of
intellectual property
(1) if the Court's decision in the case, it shall invite the Office within 90 days
the issuer of a bank guarantee to cover the amount provided to the Customs Office
the Court decision on compensation.
(2) the issuer of a bank guarantee is required to pay the amount within 15 days from the date of
the date of receipt of the request.
(3) the amount paid by the bank guarantee becomes přeplatkem
holder's decision. If the resulting overpayment vratitelným
přeplatkem, § 28 paragraph shall apply. 1 and 2 apply mutatis mutandis.
(4) if the guarantee furnished by a bank guarantee is higher than the amount of the
provided for a judicial decision on damages, the Customs Office shall invite
issuer bank guarantees in excess of the amount specified by the
decision on compensation to cover the outstanding balance of the person, security
provided, registered to the fourth day of the date of this decision for
and) the Customs office or the
(b)) other public authority that its payment of the Customs Office
asked.
(5) the procedure referred to in paragraph 4 shall apply section 27. 4 and 5 apply mutatis mutandis.
section 30
The impossibility of using the security provided by the composition of the amount
If you cannot with certainty given the composition of the amount of load to any of the
ways of its use, the amount of security lodged, falls to the State and is
income of the State budget.
PART THE FOURTH
ADMINISTRATIVE OFFENCES
TITLE I OF THE
MISDEMEANORS
section 31
Offences in the field of supervision of compliance with the obligations and prohibitions in
the context of the enforcement of intellectual property rights
(1) a natural person has committed the offence by
and) contrary to section 5 (3). 1 shall be goods infringing an right
intellectual property,
(b)), as a person, which has been suspended by the Customs Office of entry
or the left seized goods that are suspected of violating the law
intellectual property, contrary to section 14, paragraph. 1 or § 22 paragraph 1(b). 3 or
4 with this disposes of the goods,
(c)) as the person who provided the certainty of a bank guarantee, does not provide
a new security referred to in section 25, or
d) disposes of goods in violation of the terms of his not to transfer
humanitarian purposes.
(2) for the offence may be imposed a fine of CZK 1 0000 0000 in respect of the offence
referred to in paragraph 1 (b). and (b))), or (d)).
(3) for the offense shall be imposed in the amount of non-guarantee, if the
offence referred to in paragraph 1 (b). (c)).
§ 32
Violations of measures in connection with the enforcement of intellectual
property rights, in concert with the holder for the national market
or with the holder
(1) a natural person as holder for the national market
commits an offence by
and) contrary to section 12 paragraph. 1 designated customs office has not notified the fact
that may be the reason for the annulment of the decision for the national market, or
change the data referred to in this decision, or that fact or
notifies the data change in the time limit laid down, or laid down by the way,
(b) uses the information provided by the customs) Office in contravention of section 12(2). 3,
or
(c)) in contravention of section 17 paragraph. 3 return to the Office of representative samples of goods or
the Office does not prove their destruction or damage.
(2) a natural person as holder commits an offence by
inconsistent with the regulation of the European Union
and notifies the designated customs office) the fact, which may be the reason
annulment of the decision or a change in the information referred to in the decision,
(b)) shall apply the information provided by the Customs Office, or
(c)) return the goods at the Customs Office samples.
(3) the offence referred to in paragraph 1 or 2, you can impose a fine up to 500 000
CZK.
TITLE II
ADMINISTRATIVE DELICTS OF LEGAL ENTITIES AND NATURAL PERSONS-ENTREPRENEURS
section 33
Administrative offences in the area of supervision of compliance with the obligations and prohibitions in
the context of the enforcement of intellectual property rights
(1) Legal or natural person established by the administrative
tort by
and) contrary to section 5 (3). 1 shall be goods infringing an right
intellectual property,
(b)), as a person, which has been suspended by the Customs Office of entry
or the left seized goods that are suspected of violating the law
intellectual property, contrary to section 14, paragraph. 1 or § 22 paragraph 1(b). 3 or
4 with this disposes of the goods, or
(c)) as the person who provided the certainty of a bank guarantee, does not provide
the new security in accordance with section 25.
(2) for the administrative offence is imposed
to 10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)
or (b)), or
(b)) in the amount of non-certainty, in the case of an administrative offence under paragraph
1 (a). (c)).
§ 34
Administrative offences in the area of measures in connection with the enforcement of the rights of
intellectual property rights, in concert with the holder for the
national market or with the holder
(1) Legal or natural person, operating as the holder
for the domestic market, committed misconduct by
and) contrary to section 12 paragraph. 1 designated customs office has not notified the fact
that may be the reason for the annulment of the decision for the national market, or
change the data referred to in this decision, or that fact or
notifies the data change in the time limit laid down, or laid down by the way,
(b) uses the information provided by the customs) Office in contravention of section 12(2). 3,
or
(c)) in contravention of section 17 paragraph. 3 return to the Office of representative samples of goods or
the Office does not prove their destruction or damage.
(2) the Legal or natural person, operating as the holder
committed misconduct in breach of regulation in the European Union
and notifies the designated customs office) the fact, which may be the reason
annulment of the decision or a change in the information referred to in the decision,
(b)) shall apply the information provided by the Customs Office, or
(c)) return the goods at the Customs Office samples.
(3) for the administrative offence referred to in paragraph 1 or 2 shall be imposed to the 500
USD.
section 35
Administrative offences in the area of conversion not counterfeit
(1) a legal person as a receiving organisation committed to the administrative
tort by
and) contrary to section 45 (b). and does not accept) measures to prevent the misuse of
counterfeit goods and their placing on the market,
(b)) in contravention of section 45 (b). (b)) does not use a counterfeit only for specified
humanitarian purposes, or
(c)) in contravention of section 46 paragraph. 1 does not provide editing of counterfeits of the transferred to the
humanitarian purposes.
(2) a legal person or a natural person-entrepreneur commits an administrative
tort, that disposes of goods in violation of the terms of his
free transfer for humanitarian purposes.
(3) for the administrative offence is imposed
and) to 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
or (c)), or
(b)) to 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b))
or paragraph 2.
TITLE III
FORFEITURE AND PREVENTS THINGS
section 36
Forfeiture of things
(1) the Customs Office saves the forfeiture
and) of goods infringing an intellectual property right, or
(b)), materials, tools and equipment intended or used exclusively
or mainly for activities infringing intellectual property rights.
(2) confiscation of things saves, if
and belongs to the offender misconduct) and
(b)) have been used to commit misconduct or administrative deliktem
obtained or acquired as a matter of administrative deliktem obtained.
(3) forfeiture of things referred to in paragraph 1 (b). (b)) could not be saved, if
the value of things in striking disproportionate to the nature of the misconduct.
§ 37
Prevents things
(1) if the Customs Office could not save the forfeiture case pursuant to section 36, shall decide on the
It prevents.
(2) to prevent the case decides, if
and belongs to the offender which) cannot be prosecuted, under the administrative tort
(b)) do not belong to the perpetrators of the misconduct or does not belong to him completely, or
(c)) the owner is not known.
(3) prevents the things referred to in § 36 odst. 1 (a). (b)) could not be saved, if
the value of things in striking disproportionate to the nature of the misconduct. To prevent the
This stuff cannot decide if the negotiations, which has characters
the administrative tort, 2 years have passed.
section 38
Common provisions on the forfeited and seized things
(1) a thing Forfeited or gone it seems to State.
(2) goods are Forfeited or seized infringing intellectual property rights
shall be destroyed, unless the charge is transferred for humanitarian purposes. Other
forfeited or gone thing shall be destroyed in accordance with the nature of things.
(3) instead of the destruction of forfeited or seized things may General
Directorate of customs duties this thing to keep, store and use for the purposes of teaching,
training, examinations and preventive activities, or for the exercise of other activities in the
under the responsibility of the authorities of the customs administration.
(4) the destruction of the thing shall be done under the supervision of three General
the Directorate of customs. About the destruction of things to draw.
(5) the offender misconduct, imposed the forfeiture of things
or a person who was detained, the matter shall be obliged to replace the
the costs associated with the administration of the State and destroying things.
(6) the offender misconduct, imposed confiscation of counterfeit
the converted for humanitarian purposes, is obliged to replace the receiving
the Organization of the costs incurred in connection with the adjustment of counterfeits. At the request of
the receiving Office shall notify the Organization of her identifying information
the perpetrators of the misconduct.
TITLE IV
COMMON PROVISIONS IN ADMINISTRATIVE DELIKTŮM
section 39
The initiation of administrative tort
(1) the proceedings on administrative tort by section 31, paragraph. 1 (a). and § 33 paragraph).
1 (a). and you can only start) if it was in court proceedings
been decided that an intellectual property right has been infringed.
(2) After the time when the proceedings are conducted to determine whether it has been infringed
intellectual property right, do not run the time limits for the initiation of
the administrative tort.
section 40
Liability of legal and entrepreneurial natural persons
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular, to his way of committing to his následkůma
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings in the 2 years of the date on which it
learned, but not later than 6 years after the date when it was committed.
(4) The responsibility for acts that occurred during the physical business
person or in direct connection with him, subject to the provisions of
the liability of legal persons and sanctions.
§ 41
Jurisdiction to discuss the administrative tort
(1) administrative offences under this law dealt with the Customs Office, in whose
territorial jurisdiction has a person suspected of committing the misconduct is established.
If the seat is not a person on the territory of the Czech Republic, to discuss administrative
violation of the customs authority, in whose territorial jurisdiction the tort was committed administrative;
If you cannot place committing misconduct reliably detect,
the Customs Office in whose territorial jurisdiction was committing administrative tort
found.
(2) administrative offences pursuant to § 32 paragraph. 1 (a). and, § 32 paragraph). 2 (a). and)
§ 34 paragraph. 1 (a). and § 34 paragraph). 2 (a). and specified) hears of the customs
the Office.
section 42
The maturity of the fine and the determination of income from fines
(1) the fine is payable within 30 days of the date when the power came
the decision, in which it was stored.
(2) income from fines is the income of the State budget.
(3) income from fines for administrative offence under section 31, paragraph. 1 (a). (c)), or
§ 33 paragraph. 1 (a). (c) above) is the amount determined by the decision of the
compensation guarantee the composition amounts.
PART THE FIFTH
FREE TRANSFER OF COUNTERFEIT GOODS FOR HUMANITARIAN PURPOSES
§ 43
Free transfer of counterfeit goods for humanitarian purposes
(1) the Directorate-General of customs duties may be forfeited or seized counterfeit
free of charge transfer for humanitarian purposes, the receiving organization.
(2) Transfer of counterfeits for the purposes of this Act, means the
and) the transfer of ownership, or
(b)) change to the management of fakes under the law on property
The Czech Republic and its performance in legal relations.
(3) Humanitarian purposes, for the purposes of this Act, means, in particular,
the provision of the basic needs of the population, which found itself in difficult
the situation or was suffering from extreme events.
(4) for humanitarian purposes cannot convert the counterfeits, which are disabled
objectionable or dangerous.
(5) the condition not transfer for humanitarian purposes of counterfeit goods is
the consent of the holder or holders of the decision for the national
the market.
(6) the transfer free of charge, Counterfeit, according to the order of requests received,
where appropriate, according to the urgency of the needs or according to usage.
§ 44
The receiving organization
(1) the acquiring organisation may be
and the State)
(b)) the State contributory organization if it is established for the purpose of
the provision of social services or operate in the area of health or
education,
(c) territorial self-governing unit),
(d)) legal person established or founded local government total,
If it is set up or established for the purpose of providing social services
or acts in the area of health care, or education, or
(e)), the other legal person, if
1. has not been established for the purpose of business,
2. is active in the provision of social services, health care, or
education,
3. carries out the activity, which can be used for humanitarian purposes, counterfeit
continuously for at least 2 years and
4. is bezdlužná.
(2) the acquiring organization must comply with the conditions referred to in paragraph 1 after
all the while dealing with the fakes.
section 45
The obligations of the receiving organisation when dealing with counterfeits
The Directorate-General of customs duties in respect of the transfer of ujedná with transposing
organizations the obligation to
and) take measures to prevent the misuse of counterfeit goods and their
placing on the market,
(b)) use a counterfeit only to the intended humanitarian purpose.
section 46
Adjustment of counterfeits of the transferred to the humanitarian aid purposes
(1) the acquiring organisation shall, under the conditions agreed in the
the voluntary transfer of counterfeit goods at his own expense to ensure the adjustment of these
the counterfeits.
(2) Modification of counterfeits for the purposes of this Act, means, in particular,
removing the trademarks or geographical indications of the counterfeits and
the destruction of these trademarks or geographical indications.
section 47
Registration of counterfeits
(1) the Receiving Organization is obliged to keep records of ongoing counterfeit.
(2) the Receiving organisation is required to keep the registration in the register
counterfeit after a period of 3 years from the end of the calendar year in which the
the document is issued, on the basis of registration in the register of counterfeits
performed, up to a maximum period of 10 years from the date of registration of the design in the
the registration of counterfeits.
section 48
Verification of fulfilment of the obligations of the acquiring organization and the consequences of their
violations of the
(1) the Customs Authorities shall check whether the acquiring organization fulfils the
obligations under this Act and the obligations agreed in respect of the
the transfer of the counterfeits.
(2) in the case of violation of the obligations referred to in paragraph 1, the receiving
the organization may withdraw from the Directorate General of customs duties in the legal
the negotiations, which took place to the free transfer of the counterfeits, with effect
from the date of delivery of this withdrawal to the receiving organization.
(3) If the Directorate-General of customs duties withdraws from the legal negotiations
paragraph 2, this can be used to transpose the Organization free of charge to convert counterfeit
soon as possible after the expiration of 2 years from the withdrawal.
PART SIX
COMMON PROVISIONS
section 49
Reimbursement of costs
(1) If a person of the obligation to pay the costs incurred by the authority
the customs administration under this Act or by a regulation of the European Union,
the authority of the Customs Administration provides for the amount of those costs, if the above
at least 100 Czk.
(2) the reimbursement of the costs referred to in paragraph 1 shall be payable within 30 days from the date of
notification of the decision on the amount required.
(3) the reimbursement of the costs referred to in paragraph 1 may be established not later than 1 year after the
end of the calendar year in which the authority of the Customs Administration
learned, but no later than 3 years from the end of the calendar year in
that these costs were incurred.
section 50
Suspensive effect of the appeal
The appeal against the decision of the authorities of the Customs Administration referred to in this law does not
with the exception of the suspensory effect of appeals against the decision of the administrative tort
or the decision to prevent things.
section 51
Objection against the detention of the goods or the suspension of its release
(1) against the intervention of the Customs office seeking the detention of goods or
the suspension of his parole pursuant to this Act, the customs, the declarant may
or the person to whom the goods were seized, or the person that was
suspended his release, submit within 5 working days and, in the case of
perishable goods within 3 working days from the date of notification of the detention
or the suspension of the release of the goods. Deadline cannot be
waived.
(2) the objection shall be lodged with the Customs Office that goods held or
has suspended his release.
(3) the claim does not have suspensory effect.
(4) the Director shall decide on the opposition of the Office, without undue delay.
Against the decision on the objection shall be no appeal.
section 52
No debts
For the bezdlužnou, for the purposes of this Act shall be considered a person who does not have
registered with the authorities of the arrears of the financial administration of the Czech Republic, or
authorities of the customs administration, with the exception of arrears, which is allowed
posečkání the payment or distribution of its payment on installments.
section 53
Cooperation with the competent authority to exercise supervision according to the law
governing consumer protection
(1) if the conditions for the return of goods under section 15(2). 4 (b).
and (c))) or section 16. 4 (b). and (b))), the Office shall notify the authority of the
competent to exercise supervision according to the law governing the protection of
the consumer
and date of the apprehension of goods)
(b) information on the quantities of goods) and its nature,
(c) the person's identification data), that the goods were seized, and
d) justifying the detention of goods.
(2) the competent authority responsible for the exercise of supervision pursuant to the law governing the protection of
the consumer may within 10 working days of the date on which it received the notification
referred to in paragraph 1, inform the Office that the detained goods may serve
as evidence in proceedings for infringement of the law relating to the protection of
of the consumer.
(3) If a customs authority has received the notification referred to in paragraph 2 and subject to the
further conditions for the return of the goods to the person that was seized, shall transmit to the
the Office of the goods to the competent authority to exercise supervision according to the law
relating to consumer protection, for further proceedings. About this procedure
the Office draws up a protocol.
PART SEVEN
FINAL PROVISIONS
§ 54
The enabling provisions
The Ministry of Finance shall lay down by Decree
and formalities and model) the request for the adoption of measures on the national market,
(b) the factors that facilitate the adoption of) measures at national
market,
(c) the factors that facilitate the adoption of) measures at national
the market beyond a particular detention of the goods,
(d)) and the model request for extension of time in which the authorities
Customs administrations to take measures on the national market,
e) formalities and model application for the amendment of the decision of the national market,
(f)) and the form of registration method of counterfeits.
section 55
Transitional provisions
(1) the measures to be taken on the basis of the decision of approval of the application for
the adoption of measures by the Customs Office issued before the date of entry into force of
This law, the Customs authorities shall be adopted pursuant to this Act by the end of the period
laid down in those decisions.
(2) the Procedure for the performance of supervision in the context of consumer protection under the law
No 191/1999 Coll., on measures relating to imports, exports and reverse
the export of goods infringing certain intellectual property rights and amending
some other laws, initiated before the date of entry into force of this
the Bill shall be completed pursuant to Act No. 191/1999 Coll., as amended effective before the
date of entry into force of this Act.
(3) if the violation of obligations under Act No. 191/1999 Coll.,
date of entry into force of this law, shall be in the control of the administrative
tort pursuant to Act No. 191/1999 Coll., as amended effective date
the entry into force of this law.
(4) the procedure for the administrative tort pursuant to Act No. 191/1999 Coll., which was
initiated before the date of entry into force of this Act and which has not been to
date of entry into force of this Act, been terminated, shall be completed
According to the Act No. 191/1999 Coll., as amended effective prior to the date
the effectiveness of this Act.
(5) the procedure for determining the reimbursement of costs pursuant to Act No. 191/1999 Coll.
initiated before the date of entry into force of this law shall be completed in accordance with
the Act No. 191/1999 Coll., as amended effective before the date of entry into force of
of this law.
section 56
Cancellation provisions
Shall be repealed:
1. Act No. 191/1999 Coll., on measures relating to the import, export and
the re-export of goods infringing certain intellectual property rights
and amending certain other acts.
2. Part nine of Act No. 121/2000 Coll. on copyright, rights
related to copyright and on the amendment of certain laws (copyright
the law).
3. the first Part of Act No. 260/2002 Coll., amending Act No. 191/1999
Coll., on measures relating to the import, export and re-export of the goods
infringing certain intellectual property rights and on the amendment of certain
other laws, as amended by Act No. 121/2000 Coll., Act No. 586/1992 Coll.
on income tax, as amended, Act No. 593/1992 Coll.,
on reserves for the determination of the tax base from income, as amended
regulations, and Act No. 569/1991 Coll., on the Czech Republic Fund, Plots
in the wording of later regulations.
4. Act No. 255/2004 Coll., amending Act No. 191/1999 Coll., on the
measures concerning the import, export and re-export of the goods
infringing certain intellectual property rights and on the amendment of certain
other laws, as amended.
5. Act No. 173/2007 Coll., amending Act No. 191/1999 Coll., on the
measures concerning the import, export and re-export of the goods
infringing certain intellectual property rights and on the amendment of certain
other laws, as amended.
6. Part of the fiftieth eighth law No. 41/2009, Coll., amending certain laws in the
connection with the adoption of the criminal code.
7. the first Part of Act No. 219/2011 Coll., amending Act No. 191/1999
Coll., on measures relating to the import, export and re-export of the goods
infringing certain intellectual property rights and on the amendment of certain
laws, as amended, law No. 64/1986 Coll., on Czech
commercial inspection, in wording of later regulations, and Act No. 634/1992
Coll., on consumer protection, as amended.
8. Part of the thirty-seventh law No. 458/2011 Coll., amending the laws
related to the establishment of a single recovery point and other changes
tax and insurance laws.
9. Part XIV of the Act No 18/2012 Coll., amending certain laws in the
connection with the adoption of the law on the customs administration of the Czech Republic.
PART EIGHT
The EFFECTIVENESS of the
§ 57
This law shall enter into force on 1 January 2005. January 2015.
in from Arvind at r..
Zeman in r.
Sobotka in r.
1) European Parliament and Council Regulation (EU) no 608/13 of 12 January.
June 2013 on the enforcement of intellectual property rights by the Customs authorities and the
Council Regulation (EC) No 1383/2003.
2) of Council Regulation (EEC) No 2913/92 of 12 October 1992. October 1992 establishing
the Community customs code, as amended.
