417/2004 Sb.
LAW
of 10 June 1999. June 2004
representatives of the patent and on the amendment of the law on measures for the protection of
of industrial property
Change: 296/2007 Sb.
Change: 189/2008 Sb.
Change: 223/2009 Sb.
Change: 227/2009 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
PATENT ATTORNEYS
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates the status and activity of patent agents,
company of patent attorneys, foreign organizational forms
assistants of patent attorneys, the conditions under which they may be
provided the services of patent agents, as well as the creation of the position, and
the scope of a self-governing professional association of patent attorneys.
(2) the services of patent agents shall mean the provision of professional assistance
natural and legal persons in matters relating to industrial
ownership, particularly their representation before public administration bodies and in
proceedings before the courts of the ^ 1) under the conditions and within the limits set by the laws on the management of
before the courts, as well as the provision of independent advice and other
services related to the protection of industrial property.
§ 2
Permissions
(1) the services of a patent attorney shall be entitled to provide on the territory of the
The Czech Republic under the conditions laid down in this law and the way it
referred to
and) patent attorneys,
(b)) the natural persons who are nationals of, or are established in the
another Member State of the European Union, Member State of the European
economic area or the Swiss Confederation (hereinafter referred to as
"home State") and which in one Member State of the European Union, other
State of the European economic area or the Swiss Confederation
have received permission to provide the services of a patent attorney (hereinafter referred to as
"foreign patent agent"),
(c)) of the company of patent attorneys (§ 10),
(d) the foreign organization) forms (section 29).
(2) a patent agent and patent agents, the company may
to provide the services according to § 1 only to the extent of your permission, where appropriate, in
the scope of permissions for their shareholders, and under the conditions
laid down by this law and by a special legislation.
(3) the scope of the permission to work is determined by the range of composite vocational test
(section 11 (2)) or the scope of the permission to the performance of the regulated activities in the
the decision on the recognition of professional qualifications in accordance with the law on the recognition of professional
the qualification of "^ 1a).
(4) the provisions of paragraph 1 shall not affect the permissions
and lawyers for whom special) Law ^ 2) entrusts the provision
legal services,
(b)) employees of the legal or natural person, where applicable, the members of the cooperative,
to which they are in a work or another similar ratio, exercise for these
a person's activity that corresponds to its nature of service provision
a patent attorney pursuant to section 1 (1). 2, if the performance of this
actions form part of the obligations arising from this contract.
§ 3
The Chamber of patent attorneys of the Czech Republic
(1) there is hereby established the Chamber of patent attorneys of the Czech Republic (hereinafter referred to as
"The Chamber"), located in Brno, Czech Republic; The Chamber is a legal person.
(2) the Chamber is a self-governing professional association of all patent
the representatives.
TITLE II
THE REGISTER OF PATENT AGENTS
§ 4
(1) the Chamber of patent attorneys shall keep a register (hereinafter referred to as "the register"),
which contains the lists of
and)
patent attorneys
and established foreign patent agents (section 27), including the
removed (section 7),
(b)) assistants of patent attorneys, including removed (section 46),
(c)) of the Association of patent attorneys (section 23),
(d)) by patent agents (section 7 (2)),
(e)) established the foreign business forms (section 29).
(2) the list of patent attorneys and established foreign patent
representatives contains
and) name, surname and title of the patent agent, date of birth, place of
business, established foreign patent agent also residence
or residence or address for service on the territory of the Czech Republic, if the
on the territory of the Czech Republic, identification number of place of business of the person
(hereinafter referred to as "identification number") granted by the administrator of the basic
the registry of persons ^ 3),
(b) the date of the composition and range) of professional tests, established foreign
the patent agent examination, the difference has been carried out, and the permissions
on the basis of the applicant's patent agent provides the services in the
Home State,
(c)) date of the registration to the list and the number of the certificate of registration to the list,
(d) the scope of the permission for the performance of) the activities of patent attorney,
(e) any imposition of a disciplinary measure) (§ 49), suspension
the activities of the patent attorney (sections 14 and 15) and removed from the list (section 18
and 19).
(3) the list of assistants patent representatives (hereinafter referred to as "the Assistant")
contains
and) name, surname and title of the Assistant, date of birth and place of residence,
(b) the particulars of the employer) his name and surname, or name
Association or business name of the company of patent attorneys or
foreign business forms, business location, registered office and identification
number, if assigned,
(c)) date of the registration to the list, the number of the certificate of registration to the list,
(d)) time, which is not considered a performance practice according to § 47 odst. 3,
(e) any imposition of a disciplinary measure) (§ 49), suspension (§ 47)
and removal from the list of Assistant (section 47).
(4) the list of Patent Attorneys Association (hereinafter referred to as "the Association") contains
and the name of the grouping)
(b)) name, surname and title, where applicable, the trading name of participants
the Association,
(c)) date of the registration to the list,
(d) deletion from the list, if any).
(5) the list of companies includes patent attorneys
and the business name, registered office), and the identification number,
(b)) the data on registration in the commercial register,
(c)) date of the registration to the list, the number of the certificate of registration to the list,
(d)) name, surname, date of birth, patent attorneys providing
the services of a patent attorney on behalf of the company of patent attorneys; u
patent agents who are the partners of the patent
representatives, the extent of their voting rights in the joint stock company list
shareholders who are patent attorneys,
e) data on the suspension of the privilege to provide the services of the patent
a representative of the company of patent attorneys, the deletion from the list of
company of patent attorneys and to the imposition of measures pursuant to § 49 paragraph.
5.
(6) the list of established foreign organizational forms contains
and a commercial company or other) name,
(b)), on the basis of foreign organizational form provides
the services of a patent attorney in his home State,
(c) an indication of the foreign registration) organizational forms or organizational folder
Foreign organizational forms in the commercial register,
(d)) the indication of the residence in the home State,
(e) the date of entry in the list), the number of the certificate of registration to the list,
f) data on the suspension of the privilege to provide the services of the patent
the representative of the international organization in the form of deletion from the list of
Foreign organizational forms and the imposition of the measures under section 55.
§ 5
(1) patent attorney, Assistant of the Association and the company patent
representatives are required to inform the Chamber
and) without delay, but not later than 15 days after the start of the performance of activities,
its registered office, place of residence or address for service,
way of providing services, patent attorney, information about the entry into the
commercial register as well as other data necessary for the management of
the individual lists,
(b)) change the data referred to under subparagraph (a)), not later than 15 days after the
There was,
(c)) all the facts that might be a reason for the suspension of the
permission to provide the services of a patent agent, or to strike out
from the list, no later than 15 days after it occurred.
(2) a foreign organisational form (section 29) is required in addition to the data
referred to in paragraph 1 shall notify the Chamber
and) no later than 15 days after the start of activities on the territory of the Czech Republic
the information referred to in section 4, paragraph 4. 6,
(b)) change the data referred to under subparagraph (a)), but not later than 15 days
then, what happened.
§ 6
(1)
Index
is publicly available. Everyone has the right to him at the headquarters of the Chamber to inspect and
make it free of charge listings or make copies.
(2) the Chamber publishes lists of registered in a manner enabling
remote access in order to provide public information about persons, which
provide the services of patent agents.
TITLE III
PATENT ATTORNEY
Part 1
The preconditions for the exercise of the activities of the
section 7 of the
(1) the patent attorney is the one who is registered in the list of patent
the representatives of the [section 4 (1) (a))], maintained by the Chamber of Commerce.
(2) Established the foreign patent agent is one who is enrolled in a
the list referred to in paragraph 1 on the basis of § 9 (2). 1.
(3) an Assistant of the patent attorney is the one who is registered in the list
assistants of patent attorneys [§ 4 (1) (b))], maintained by the Chamber of Commerce.
(4) the Association of patent attorneys is the Association that is registered in the
the list of Patent Attorneys Association [§ 4 (1) (b) (c))] conducted by the
Chamber of Commerce.
(5) the Company of patent attorneys is a company that is registered in the
list of companies of patent attorneys [§ 4 paragraph 1 (c) (d))] conducted by the
Chamber of Commerce.
(6) the Established foreign organizational form is the one that is registered in the
list of established foreign forms of [§ 4 paragraph 1) (e)], maintained by
Chamber of Commerce.
§ 8
(1) at the request of the Chamber to the list writes patent representatives each,
who
and is fully eligible for) legal capacity,
(b)) is blameless,
(c)) received higher education,
(d)) gained relevant professional experience and a regular performance continuous
activities in the area of industrial rights (hereinafter referred to as "professional practice") in length
duration of at least 3 years,
(e)) was not punished by deletion from the list of disciplinary punishment, or on which the
with the visor, as if he were not such disciplinary measures imposed,
(f)) was deleted from the list because of the bankruptcy on his
assets or the assets of the company of patent attorneys, which is
a partner or shareholder of, or for the reason that the insolvent proposal was
rejected because the debtor's assets is insufficient to cover the costs
insolvency proceedings, or for the reason that the audition was canceled because the
property of the debtor is totally inadequate, if the deletion of expired
the period of 5 years,
g) passed the professional test, a patent attorney, and
h) folded into the hands of the President of the Chamber of this promise: "I promise on my conscience
and civil honour, that I will respect the Constitution of the Czech Republic and the other
the law, conscientiously to fulfil the obligations of the patent agent, and maintain
confidential all facts which I learn in connection with
the performance of this activity. "
(2) the Chamber allows the oath within 1 month from the date of delivery of the request for
the list of patent attorneys substantiated by the documents, according to which the
the date of composition of the promise of the applicant meets the conditions for entry on the list referred to in
paragraph 1 or § 9.
(3) For integrity, for the purposes of this Act shall not be the one who was
been sentenced
a) for an offence committed intentionally, or
(b)) for the crime of negligence in connection with the provision of
the services of a patent attorney,
If the conviction was not zahlazeno or not look at him as if he was not
convicted.
(4) the Integrity shall be evidenced by a statement of criminal records or
the corresponding document issued by the competent authority of the home Member State,
which demonstrates that the requirements on the integrity for the performance of the regulated
activities are fulfilled.
§ 9
(1) the Chamber at the request of writes to the list of established foreign
patent attorneys who satisfies the conditions referred to in section 8, except
(c)), d) and (g)) and the Chamber of Commerce, according to a special legal
code ^ 1a) recognised professional qualifications, or other fitness for
sufficient for the exercise of the profession of patent attorney. Details of the procedure
on the recognition of professional qualifications and other eligibility estates
the regulation, issued by the Chamber of Commerce.
(2) the fee for filing an application for recognition of professional qualifications in the amount of 2
USD is the intake Chamber.
§ 10
(1) at the request of the Chamber writes to the list of companies, patent attorneys
the company,
and where at least one partner), shareholder or employee is
Patent Attorney; in the case of a public limited company must be a fundamental
capital of the company consists of shares issued by the name, and
(b)) where the statutory and supervisory authority represented by the patent
representative; If the statutory or supervisory organ consists of one person,
She must be a patent attorney; If it is made of two natural persons,
must be one of the patent attorney.
(2) a company shall submit together with the application for entry in the list
company of patent attorneys social contract, by
the Treaty or by the Charter, statutes, if issued, and document
on its entry in the commercial register, ^ 4) If on the date of submission of the
the application is registered in the commercial register. Documents must be submitted in the
originals or certified copies.
(3) the Chamber without delay, and no later than 15 days from the registration to the appropriate
the list of patent attorneys, the company shall issue a certificate of registration to the
list of companies of patent attorneys. The certificate shall indicate in the Chamber
the scope of the permission to the provision of the services of a patent attorney.
(4) proof of registration in the commercial register, the company shall submit to the
the Chamber of patent attorneys within 15 days of its implementation.
Part 2
Professional and differential test
§ 11
Professional exam
(1) the professional test involves the level of theoretical and practical
the knowledge needed for the exercise of the profession of patent attorney, knowledge
legislation and international agreements in force in the territory of the Czech
of the Republic concerning the protection of industrial property and the ability to
their use in practice.
(2) the scope of the professional examination is optional. The candidate may choose either
a separate examination of the field of the protection of the rights to the results of the technical creative
activity or a separate examination of the field of the protection of the rights in the mark
or a comprehensive exam from both areas. Exam has written and
the oral part consists at the industrial property Office (hereinafter referred to as
"The Office") before the trial by the Commission. Vocational exams are held normally
twice a year and are public.
(3) the President of the Office shall appoint, after consultation with the Chamber of 10 test
Commissioners, 5 from among the staff of the Office, or from the ranks of prominent
experts in the field of industrial rights and 5 from the ranks of patent attorneys.
(4) a test of the Commission shall be appointed by the President of the Office for Commissioners
each of the professional examinations. The test consists of the President of the Commission and three
the members of the. Two examiners are from among the staff of the Office, or
a series of prominent experts in the field of industrial rights and two test
the Commissioners are from a series of patent attorneys.
(5) to the composition of the professional examination is entitled to every candidate who lodged at the
The Office request for the composition of the professional test, satisfies the conditions laid down in section 8
(a). (c)) and that the Office has paid the fee for a professional exam. Fee
for the professional examination shall be 5 000 CZK for a comprehensive exam, or 2 500
CZK for each partial test. Candidate for the composition of the Professional exams is in
the application must define the range referred to in paragraph 2, in which it intends to support
the test pass.
(6) on the outcome of the vote is in progress, tests in which the applicant is rated
the word "success" or "failed". Each of the members of the Commission shall have 1 vote. When
the equality of the votes of the members of the Commission shall be decided by the Chairman of the Commission.
(7) the Chairman of the technical Commission shall, without delay after the end of the test, shall draw up
the Protocol of the test and its results, indicating the names and
surname of the Commissioners. The result of the test shall notify the Chairman of the expert
the Commission orally the contenders after the drafting and signing of the Protocol. A copy of the
the Protocol shall transmit to the President of the candidates.
(8) the authority shall issue to the applicant within 15 days of the composition of the vocational test certificates
the composition of the test, which includes the name, surname and title of the applicant, instead of
and date of birth, date of test, its results and its scope.
The certificate shall be signed by the Chairman of the Commission.
(9) the one who support the test failed, it may ask the Office about her
repetition. The Office will allow a repetition of the Professional exam as soon as possible after the expiry of 3
months from the date of the examination in which the candidate failed.
(10) the candidate who failed in the first test, repeated training
may ask the authority for a second recurrence. The Office will allow a repetition of the first after
the expiry of 1 year from the date of the first technical tests, repeated
that the candidate did not succeed; This is also true for other times of professional
the tests.
(11) the tenderer, on the comprehensive tests in one of the separate
areas, can apply for repeat only this part of the test under the conditions
laid down in paragraph 9 or 10.
§ 12
Differential test
(1) the differential test, under special legislation "^ 1a)
verifies the level of theoretical and practical knowledge needed in particular
for the exercise of the profession of patent attorney, knowledge of the Czech legal order
Republic and international treaties relating to the protection of industrial
ownership of valid on the territory of the Czech Republic and the ability of their
use in practice. Level of theoretical and practical knowledge needed
for the exercise of the profession of patent attorney shall be checked only to the extent, in
which was, according to evidence of formal qualifications applicants identified
a substantial difference in the content of education and training according to the law on the recognition of
professional qualifications ^ 1a).
(2) the provisions of § 11 shall apply mutatis mutandis for the differential test.
section 13
(1) the Chamber without delay, but not later than 15 days from the registration to the
the list, the patent attorney shall issue a certificate of registration to the
the list of patent attorneys and pass. In the certificate and licence Chamber
indicate the scope of the permission to the provision of the services of a patent attorney.
(2) details of the tests provides the test procedure, which issues the Chamber after
the agreement with the Office.
Part 3
The suspension of the privilege to provide the services of the patent representative
§ 14
(1) Permission to provide the services of a patent attorney shall be suspended
and) if taken into custody, and the date on which this decision has become
enforceable,
(b)) the advent of imprisonment; the provisions of § 18 paragraph. 2 (a).
(d)) and § 19 paragraph. 1 (a). and this does not prejudice),
(c)) for the duration of the punishment of the prohibition of the performance of activities ^ 5) patent
Representative, the date when the decision came, which was
This penalty saved; the provisions of § 18 paragraph. 2 (a). (d)) and § 19 paragraph. 1
(a). and this does not prejudice),
(d)) at the date of employment or other similar relationship to administrative
the authority which decides on industrial rights, and taking
Member of the Government, a Deputy or a Senator, judge, or hinder him in
the performance of the activities of the patent representative other obstacle,
(e)), it was saved to his disciplinary measures, suspension
activities, and that the date of the decision of the Chamber on this
disciplinary measures
(f)) has been declared bankrupt on his property, and the date on which it occurred
the effects of bankruptcy,
(g)) If a partner or shareholder of the company of patent attorneys
(§ 10), on whose property was declared bankrupt, and the date on which it occurred
the effects of bankruptcy.
(2) the Chamber shall suspend the permissions to provide the services of the patent
representative patent attorney, or the company of patent attorneys on
for a definite period referred to in the written reasoned request.
(3) Permission to provide the services of a patent attorney shall be suspended
company of patent attorneys, imposed measures
of the suspension of the privilege to provide the services of the patent
representative. This privilege is suspended on the day when the power came
the decision on the imposition of the measures.
(4) the suspension of the privilege to provide services to the Chamber of records
list without delay, at the latest within 1 month from the day when she learned about
the reasons for the suspension of activities. For the record, the Chamber of patent agent and
company of patent attorneys shall inform in writing.
§ 15
(1) the Chamber may suspend the patent attorney authorized to
services under this Act,
and if) was submitted to the prosecution against him for an intentional criminal offence, and
until the date of final decision on the termination of criminal proceedings,
(b)) if the proceedings about his eligibility to legal capacity,
until the date of the final decision the procedure ends,
(c)) was to begin insolvency proceedings, in which he addresses the decline or
the impending decline of the patent agent or the company patent
representatives, of which he is a partner or shareholder.
(2) the suspension of the privilege to provide the services of a patent attorney
referred to in paragraph 1 shall record the Chamber to the list without delay, at the latest,
However, within 1 month after the decision on the suspension of the activities of the
become enforceable. Record in writing patent attorney Chamber
notify.
section 16 of the
(1) the suspension of the privilege to provide the services of a patent attorney
shall cease
and the removal of the) day, which was the reason for the suspension of
activities, and in the cases referred to in section 15, paragraph. 1 (a). and (b)) or on the date when)
time has elapsed, after which the activity was suspended,
(b) the date of the decision), which was the decision to suspend
the activities of the repealed or amended.
(2) the termination of the suspension of the privilege to provide the services of the patent
the representative of the Chamber of records in a list without delay, but no later than 1
months after the date on which it became aware. For the record, the Chamber of patent
representative or the company of patent attorneys shall inform.
§ 17
After a period of suspension of the privilege to provide the services of the patent representative
and not even a patent attorney) company of patent attorneys
authorized to provide services within the meaning of this Act,
(b) lapse of the patent representative membership) in the elected bodies of the Chamber of Commerce and
Patent Attorney cannot be elected to these bodies,
(c)) shall not cease participation in Patent Attorney Association (section 23) or in the
the company's patent (section 22),
(d)) does not terminate the obligation to pay contributions to the patent representative activities
The Chamber, the Chamber's Board of Directors decides if a reasoned request
otherwise, the patent agent
(e)) is without prejudice to disciplinary responsibility of the patent agent or the
company of patent attorneys, even as regards the disciplinary
wrongdoing that occurred at the time of suspension of the activity.
Part 4
The deletion of the patent agent or the company of patent attorneys
from the list of
section 18
(1) Permission to provide the services of a patent agent or
company of patent attorneys shall cease their deletion from the list.
(2) the Chamber shall withdraw a patent agent from the list,
and) who had died, and that at the date of death,
(b)) that has been declared dead, and the date of the decision
the Court on the declarations for the dead,
(c)) that has been deprived of legal capacity or whose
the eligibility of legal capacity has been restricted, and that the date of legal power
a court decision on his eligibility,
(d)) has been sentenced to imprisonment nepodmíněnému
for an intentional criminal offence had been committed in connection with the performance of the activities of the
the patent agent, and on the day of judgment,
(e)) that was entered in the list, as does not meet any of the conditions
referred to in this law, for entry in the list.
(3) the Chamber shall withdraw from the list of the patent agent or the company
patent attorneys,
and that it has been saved) disciplinary measures are removed from the list, and
that's the date of the decision of the Disciplinary Chamber
the measures,
(b)) on whose property was declared bankrupt, and that the date of legal power
the decision on the Declaration of bankruptcy,
(c)) who have submitted a written application to the Chamber about the deletion from the list of
provided with officially certified signature, and it's the end of the calendar month,
in which the application for strike out of the Chamber.
(4) for the removal of the patent representative under paragraph 2 (a). (e))
The Chamber is entitled to decide only to 1 year from the date of failure to comply with
the conditions for entry on the list knew; This does not apply if the conditions
listed in section 8 (2). 1 (a). and (c))) and (g)) and § 9.
(5) the deletion referred to in paragraphs 2 and 3, the Chamber shall be recorded in the list without
delay, but not later than 1 month after they became aware of the
the facts that constitute the removal. The Chamber shall inform
It covered a record of the deletion from the list of reasons referred to in
paragraph 3; in other cases, the Chamber shall inform the person in writing, in
If they are known.
§ 19
(1) the Chamber may also be deleted from the list
and) patent attorney has been convicted for an intentional
offence other than that which is set out in section 18, paragraph. 2 (a). (d)), if the Chamber
the Commission found that this crime threatens the trust of a patent attorney
in the proper performance of the activities of the patent agent,
(b)) or the patent agent company of patent attorneys who
are in arrears with the payment of the contribution to the activities of the Chamber longer than 6
months and post paid or within 1 month after the
you are prompted with the lesson on the consequences of non-payment,
(c)) of the patent agent or the company of patent attorneys who
are not insured for liability (§ 42) and do
the corresponding insurance contract or within 1 month after being on this
lack of a advised, in writing, with the exception provided for in § 42 paragraph. 2,
(d)), the company of patent attorneys, which was to transform according to the
special legislation; ^ 6) do not apply in the case of changes in legal
company of patent attorneys,
(e)), the company of patent attorneys, which no longer meet the conditions
set out in section 10.
(2) the deletion of the patent agent or the company patent
representatives from the list referred to in paragraph 1 shall be recorded in the Chamber without
delay, but not later than 1 month after the decision of the
the deletion happened enforceable.
(3) against a decision which is not in force and that the Chamber has decided to
referred to in paragraph 1 about the deletion of the patent agent or the company
patent attorneys from the list, you can submit a patch
to the courts. ^ 7)
section 20
If the foreign representative or foreign patent
organizational form registered in the list of suspension or termination
to provide the services of a patent attorney in his home State,
According to the circumstances of the case, the Chamber may suspend the privilege to provide
the services of a patent attorney under this Act, or of the
the list to be deleted. The provisions of sections 14 to 19 shall apply mutatis mutandis.
section 21
The Chamber shall notify without delay to the extent necessary, the competent authority
the home state of the imposition of a disciplinary measure of suspension performance
activities, where appropriate, for the deletion of the external patent agent or
foreign business forms from the list.
Part 5
Way of providing services, patent attorney
section 22
Patent attorney can provide the services of a patent attorney in his
in the name and on his own account or as a partner or employee of the company
patent agents on its behalf and for its own account or as an employee
patent agent on his behalf and at his expense.
section 23
Association
(1) if the patent attorneys of their working together, will
the mutual relations of the written contract. The participants of the Association can only be
patent attorneys.
(2) the provisions of the preceding paragraph shall not apply if agreed
the patent attorneys of the temporary joint provision of services of patent
representatives in advance defined cases.
Episode 6
Foreign patent attorney and foreign organizational form
Visiting foreign patent attorney
section 24
(1) Visiting foreign patent attorney is a patent attorney
established in the home Member State, which shall perform the services of a patent attorney
on the territory of the Czech Republic temporarily or occasionally.
(2) Visiting foreign patent attorney cannot be a member of the Association
or a partner or shareholder of the company of patent attorneys according to
of this law.
(3) Visiting foreign patent attorney has the right to participate in the Bundestag
Chamber of Commerce (section 57) without voting and electoral rights.
(4) a visiting foreign patent attorney is obliged to temporary or
casual performance of the services of the patent representative, in writing, notify the
The Chamber. The notification shall be accompanied by the documents referred to in the Act on the recognition of professional
the qualification of "^ 1a).
(5) a visiting foreign patent attorney shall be exempt from the obligation to
contributions under section 44.
(6) visiting the patent attorney is entitled to on the territory of the Czech Republic
provide services to patent attorney in the extent to which he is entitled to
These services provide in the home State.
§ 25
(1) in the provision of the services of a patent attorney, consisting of
representation in proceedings before public administration bodies and before the courts is
visiting foreign patent attorney agrees to comply with the obligations
established legal or professional code for patent
representative.
(2) the Chamber of Commerce keeps records of notice of visiting foreign patent
representatives and visiting foreign organizational forms.
section 26
cancelled
Established foreign patent attorney
section 27 of the
(1) Established the foreign patent representative is a natural person who
It is registered in the list referred to in section 9.
(2) Established the foreign Attorney is entitled to provide services
patent attorney in the territory of the Czech Republic consistently.
(3) if it has been established by decision of the representatives of the foreign patent
recognition of professional qualifications ordered compensatory measures, is the only
his form of differential aptitude test ^ 1b).
section 28
If not otherwise specified, it shall apply to established patent attorney
Similarly, the provisions of this Act, if it provides for the rights and obligations
patent attorneys in connection with the provision of the services of the patent
the representative, including professional rules and provisions of the special legal
regulations, and the right to participate in the Assembly Chamber (section 57) with voting and election
the law.
Foreign business form
section 29
Foreign business by means
and) legal person providing services patent attorney in the home
State, or
(b)) other organizational form of providing services to its patent attorney
on behalf of in home State, that carries out the activities of the patent attorney
based on the permission of the competent authority in the home Member State.
section 30
(1) the Foreign Organization form, which is on the territory of the Czech Republic
established and provides the services of a patent attorney, is the established international
the organizational form and must be entered in the list.
(2) If a foreign organisational form of the intention to provide on the territory of the
The Czech Republic service exceptionally or temporarily the patent agent as
visiting foreign organizational form, is required to this fact
in advance, in writing, notify the Chamber. The notification shall be accompanied by the documents referred to in
the law on the recognition of professional qualifications "^ 1a).
section 31
(1) Foreign Service-providing organizational form of patent
the representatives, which has the right to do business in the territory of the Czech Republic, is required to
immediately inform the Chamber about the changes to all of the facts stated
or that the contents of the documents were submitted together with the application for registration in the
the list.
(2) unless otherwise provided, the provisions for foreign business
the form of providing services of patent attorneys consistently reasonably
the provisions of this Act, if the lays down the rights and obligations of
company of patent attorneys in connection with the provision of services
patent agent, including professional rules and provisions
the specific legislation.
(3) unless otherwise provided, is a foreign organization form
providing the services of patent agents occasionally in the provision
the services of a patent attorney, consisting in a representation in the proceedings before the
State administration bodies and before the courts shall observe the obligations which
are laid down in the legal or professional law for patent attorneys.
Episode 7
Provisions common to the way the provision of services of a patent attorney
§ 32
The provisions of section 33 to 43 and section 45 shall apply for company patent
representatives and foreign organizational form, mutatis mutandis.
section 33
In the provision of services is a patent attorney and the established foreign
patent attorney shall be obliged to use the designation "patent attorney".
Company of patent attorneys shall be obliged to use the designation
"the company of patent attorneys". Patent attorney, established
patent attorney and the company of patent attorneys may also use
other designations, which are data on the place of business, or to
workplaces, expert performance or interpretation activities, as well as
trade mark or other designation, if these supplements do not cause
doubt about how the performance of the activities.
Episode 8
The rights and obligations of patent attorneys
§ 34
(1) the patent attorney is bound by the law and their limits
the instructions of the client; If the instructions of the client conflict with legal or
the professional regulations, patent attorney shall be required to the client about
Learn the lessons.
(2) the patent attorney is obliged to protect the rights and legitimate interests of the
the client; It is required to act honestly and conscientiously, consistently use
all legal means and do everything according to his beliefs and
the instructions of the client shall be deemed to be beneficial for him.
section 35
Patent attorney is obliged to abide by the rules in the performance of activities
professional ethics, rules and other regulations issued by the professional
The Chamber so as to not professional dignity.
section 36
(1) the patent attorney is obliged to keep confidential all
the facts about which he learned in connection with the provision of services
a patent attorney. This obligation may waive the written
a statement from the client, and only after his death or extinction of the legal successor.
(2) the obligation of secrecy has even one who has been deleted from the list, or
the performance of the activity was suspended.
(3) the patent attorney does not have the obligation of confidentiality in relation to the person,
that instructs the service by performing the individual operations of the patent
Representative, if this person is herself obliged to maintain confidentiality.
(4) the duty of confidentiality is not in the range-bound patent attorney
necessary for the proceedings before the Court or other authority, if the subject
the management dispute between him and the client or his legal successor; the obligations
secrecy is not a patent attorney is bound also in disciplinary proceedings
(section 49). Obligations of confidentiality, patent attorney cannot rely on
in the disciplinary proceedings over the President and the members of the Supervisory Commission
who saves the disciplinary offence patent attorney.
(5) the obligation of secrecy shall apply, mutatis mutandis, to the
and) persons that patent attorney or company employs in
work or another similar ratio,
(b) the members of the bodies of the Chamber) and its employees, as well as to all persons,
participating in disciplinary proceedings, including the Chairman and the members of the
the Supervisory Commission for the preparation of acts for the disciplinary proceedings and to
the investigation, whether there was a disciplinary offence; It does not apply to the management of
before the Court in these matters.
§ 37
Patent attorney is obliged to provide the services of a patent attorney
reject, if the
and the provision of the services of a patent attorney) would have to commit
of the offence,
(b)) in the same case or in case has already provided services related to patent
the representative of another, whose interests are in conflict with the interests of a person who on the
the provision of the services of a patent agent is requested,
(c)) to a person whose interests are in conflict with the interests of the guy who services
a patent agent is requested, provided already in the same case, or in case
related services patent agent the patent attorney, with whom
activity of patent attorneys in associations or in the company
patent attorneys,
(d) information that is) about a client or former client, the
could the guy who for the provision of the services of a patent agent is requested,
unduly favoured,
e) interests who for the provision of the services of a patent agent is requested, are
contrary to the interests of the patent agent or patent attorney persons
the nearby.
section 38
(1) the patent attorney is obliged to withdraw from the contract on the provision of
the services of a patent agent, finds out if the facts set out in the
section 37.
(2) the patent attorney is entitled to withdraw from the contract on the provision of
the services of a patent agent, if there is a disruption of the necessary trust between the
him and the client, if the client does not provide the necessary synergies or
If the exam without serious reason, a reasonable advance on the remuneration for the
representation and the provision of the services of a patent attorney, as he was about it
patent agent is requested (section 40).
(3) If, within the patent attorney with a client or otherwise
If the client has not taken other measures, is a patent agent shall for a period of
15 days from the day referred to in paragraph 1 or 2 terminated the representation,
where appropriate, resign from the contract for the provision of the services of the patent
Representative, do all urgent acts so that the client has not suffered to the
their rights or legitimate interests. This does not apply, if the client
patent attorney, that the fulfilment of this obligation lasts.
section 39
(1) the patent attorney is within his mandate in the same range
may be represented by another patent agent (hereinafter referred to as the "Sub");
an alternate representation is not possible against the wishes of the client.
(2) unless otherwise provided by special legal regulations otherwise, patent attorney
instruct your assistant to individual acts or its employees.
(3) if the patent agent, who carries on the activity individually,
any setback in the performance of the activities and other measures for the
protection of the rights or the law protected the interests of its clients, is obliged to
establish without delay, but no later than within 1 month from the date when such
the obstacle was an alternate, and in agreement with it; clients about
without delay, in writing, inform. Violates-if this patent attorney
the obligation to appoint an alternate member of the Chamber, with the fact that according to the circumstances of the case
Specifies the amount of the refund and that he is obliged to patent attorney
provide.
(4) If, within the alternate designated by the Chamber pursuant to paragraph 3 sentence
the second with the client within 1 month of the date when the client was on its provisions
informed otherwise or unless the client to any other measures, to
an alternate member in relation to the rights and obligations of the original
a patent attorney. Chamber of this transition at the request of rights and obligations
an alternate member shall certify.
(5) the transfer of rights and obligations referred to in paragraph 4 shall not affect the
the obligation of the original patent agent to pay compensation (section 41), as well as
and the obligation to return the goods, including funds provided by the
by the client. On alternate are also the rights and obligations
arising from the original contract between the patent agent and
the client, if the substitute as a result of their transition towards
the original representatives for no reason or has suffered from, or if the
the fulfilment of these obligations could not be after the náhradníkovi fair
request.
(6) If the original patent attorney who pursued an activity
separately, deleted from the list and if it is due to the circumstances of the
the case, the Chamber should be appropriate measures to protect the rights and the law
protected the interests of its clients, in particular, may designate an alternate member. Chamber of
the measures taken shall forthwith in writing inform the clients. The provisions of the
paragraphs 4 and 5 shall apply mutatis mutandis.
(7) if the patent attorney, who performed the activity individually,
the Court shall appoint by special legal regulation ^ 8) on the proposal of the Chamber of
the administrator of that part of the heritage that the deceased used patent attorney
for the performance of its activities, another patent agent, if the one with the
the provisions of the agreement.
section 40
Patent Attorney for the reward of his activity and has the right to request from the
the client an adequate backup.
§ 41
(1) the patent attorney is responsible to the client for the damage that he has caused
in connection with the performance of the patent representative activities.
(2) if the damage Occurs in the provision of the services of a patent attorney
company of patent attorneys, the injured party shall be responsible for her company
patent attorneys.
(3) the patent attorney shall be relieved of liability pursuant to paragraph 1,
If it proves that the damage could not prevent even when expending all
the effort, which can require.
section 42
(1) a patent attorney and the company of patent attorneys must have prior
the start of the activities of the contract liability insurance
caused by the provision of the services of a patent attorney (hereinafter referred to as
"insurance"), and the extent to which it can reasonably be assumed that the
It can be such a liability.
(2) the insurance must take all the time that a patent attorney
registered in the list, with the exception of the period when he was suspended for performance
the activities referred to in section 14, paragraph. 1 (a). (d)), and (e)) and pursuant to section 14, paragraph. 2.
(3) the amount of the minimum insurance provides the Chamber of professional regulation.
§ 43
(1) for the provision of the services of a patent attorney and patent agent are
company of patent attorneys shall be obliged to maintain documentation, the extent of
provides the Chamber of professional regulation.
(2) the provisions of paragraph 1 are without prejudice to the specific legislation on
accounting and management záznamní obligations. ^ 9)
§ 44
(1) a registered patent attorney in the list is obliged to pay contributions
to cover the costs of the activities of the Chambers of Parliament provided [section 58 (a).
(c))].
(2) in cases worthy of considerations may the Board of Directors of the Chamber of the
reasoned request to reduce or waive the contribution [section 59 (3) (a).
(d))].
section 45
(1) the patent attorney or his assistant are in the interest of honesty and seriousness
his profession required before against another patent attorney
or Assistant initiates judicial or other proceedings in a case related to the
the performance of the activities of the patent agent, use the conciliation procedure before the
authorities of the Chamber.
(2) the conciliation procedure is usually conducted by the President of the Chamber, or other
a member of its Board of Directors; the purpose of the conciliation procedure is to guide the participants
dispute to resolve in an amicable settlement.
TITLE IV
ASSISTANT
section 46
(1) an Assistant is the person who is entered in the list maintained by the Chamber of Commerce.
(2) the Assistant performs for a patent attorney, in the company of
patent attorneys or business in the form of foreign practice, which
the goal is to get under the direction and supervision of the patent representative knowledge and
Learn the experience needed for the performance of the activities of the patent attorney.
(3) in the performance of the practice is the Assistant shall proceed in accordance with this
the law and professional regulations.
(4) the provisions of sections 34 to 36 shall apply mutatis mutandis to an Assistant.
(5) the Assistant has the right to participate in the Assembly Chamber (section 57) without voting and
the electoral law.
section 47
(1) the Chamber of the writes to the list of assistants, anyone who
and is fully eligible for) legal capacity,
(b)) is blameless; in assessing the integrity of the process according to § 8
paragraph. 3 and 4 apply mutatis mutandis,
(c)) received higher education, ^ 10)
(d)) was not punished by deletion from the list of disciplinary punishment, or on which the
with the visor, as if these disciplinary measures were not saved, the
(e)) is a patent attorney or to a company in the employment relationship.
(2) For the purposes set out in section 8 (b). (d) the period performance practice) calculated from the
date of entry in the list; by this time, does not include the length of the military
the base or replacement services, ^ 11) the period of performance of the civil service, ^ 12)
maternity and parental leave, time off work without compensation wages
provided by the employer, and the duration of the incapacity in the range more
than 3 months for the period performance practice.
(3) if the applicant complies with the conditions referred to in paragraph 1, the Chamber it writes
in the list on the basis of a written application accompanied by supporting documents, and no later than
within 2 months of receipt of the request or at a later date indicated in the
request. After writing to the Chamber shall issue the license Assistant Assistant.
(4) the Chamber shall suspend the performance of the Assistant practice on the basis of his written
request. Assistant practice is suspended, if the performance of the
imprisonment, or if he was liable to a penalty of banning activities
consisting in the prohibition of the practice, or his assistant can
suspend the performance practice of the grounds listed in section 15.
(5) the Chamber shall withdraw from the list the Assistant, if it finds that it does not meet the
one of the conditions referred to in paragraph 1.
(6) from the list is deleted also, Assistant
and) imposed a disciplinary measure removed from the list, and
that's the date of the decision on the imposition of a disciplinary
the measures,
(b)) which made the Chamber a written request for the deletion from the list,
provided with officially certified signature, and it's the end of the calendar month,
in which the application for strike out of the Chamber.
(7) in the case of the deletion of the list or the suspension of the practice of the
the provisions of § 14 paragraph. 4, § 15 paragraph. 2, section 16, section 17 (a). (e)), section 18, paragraph.
2 and § 19 paragraph. 2 shall apply mutatis mutandis.
section 48
The patent agent or the company, which employs an Assistant
executing the practice Assistant, create such working Assistant
the conditions that will allow him to properly prepare for the profession of patent
representative; Assistant must be allowed, in particular, participation in the training of
the field of industrial rights, good preparation for the professional examination of the patent
the representative of as well as participation at specialised tests.
THE HEAD OF THE
DISCIPLINARY RESPONSIBILITY AND DISCIPLINARY PROCEEDINGS
section 49
(1) patent attorney, the company of patent attorneys and Assistant are
disciplinarian responsible for disciplinary wrongdoing.
(2) the disciplinary offense is serious or culpable
violation of the obligations laid down by the patent attorney, company
patent attorneys or Assistant by law or professional regulation.
(3) a patent attorney can be considered a disciplinary offence to save some
of the following disciplinary measures:
written admonishment and)
(b)) public admonition,
(c)) a fine of up to 100 000 CZK
(d)) the suspension of the privilege to provide the services of a patent attorney to
for a period of 3 years,
e) deletion from the list of patent attorneys.
(4) a disciplinary offence may be Assistant to save some of these
disciplinary measures:
written admonishment and)
(b)) public admonition,
c) a fine of up to 50 000 CZK
(d)) removed from the list of assistants.
(5) the company of patent attorneys can be considered a disciplinary offence
save some of the following disciplinary measures:
written admonishment and)
(b)) public admonition,
(c)) a fine of up to 1 0000 0000 CZK
(d)) the suspension of the privilege to provide the services of a patent attorney to
for a period of 3 years,
(e)) removed from the list by patent attorneys.
(6) when storing the disciplinary action will take into account the seriousness of the
infringement, in particular, the way a criminal offence and its
consequences and the circumstances under which it was committed.
(7) revenue from fines is income of the Chamber, which is collected and enforced.
(8) in the case of less serious misconduct, save
the disciplinary measures of patent attorney or Assistant or
company of patent attorneys may be dispensed with if the consultation
a disciplinary offence may be regarded as sufficient.
section 50
(1) whether the patent attorney or Assistant or company
patent attorneys have committed a disciplinary offence, and save
disciplinary measures shall be decided by the disciplinary Commission in the management of
initiated on proposal by the President of the Commission or delegated Supervisory Board Member
the Supervisory Commission (hereinafter referred to as "Disciplinary Prosecutor"). The participants of the
disciplinary proceedings are the disciplinary prosecutor and patent attorney
or Assistant or the company of patent attorneys, which is
disciplinary proceedings (hereinafter referred to as "disciplinary punishment the accused").
(2) a proposal for the opening of disciplinary proceedings shall be the disciplinary
the plaintiff filed in writing within 6 months from the date of the disciplinary
wrongdoing. Disciplinary measures may be imposed no later than 3
years from the time when the disciplinary offence was committed.
section 51
(1) For decisions in disciplinary proceedings is crucial facts and
legal status at the time of the disciplinary offence was committed; later
legislation shall apply, if it is for the disciplinary punishment of the accused
more favourable.
(2) the decision of the disciplinary proceeding shall be in writing, shall contain the
statement, statement of reasons and the lessons learned about the appeal and must be delivered to the
participants.
(3) if the decision of the disciplinary procedure disciplinary punishment in the delivered
the accused for reasons that are on his side, it was delivered
After 3 days of repeated fruitless.
section 52
(1) against the decision of the disciplinary Commission of the Chamber, a participant may
disciplinary proceedings to submit within 15 days from its receipt of the appeal;
the appeal has a suspensory effect.
(2) the appeal shall be decided by the Board of Directors of the Chamber of which the contested
the decision to either confirm or cancel the [section 59 (3) (b) (c))]. If
the Board of Directors of the Chamber of the contested decision, it returns the case to the disciplinary
the Commission of the Chamber of Commerce for further proceedings; in this case, the Commission is bound by the
the legal opinion of the Board of the Chamber.
section 53
The patent attorney or Assistant or company patent
representatives and the applicant for entry on the list is for the purposes of another
disciplinary proceedings, as if disciplinary action was not
saved,
and the date of the decision), which was from the imposition of the disciplinary
measures abandoned,
(b) the date on which the decision) about the imposition of the disciplinary measures of the written
censure or public admonition was done,
(c)) if passed from the date when it was enforced a decision imposing
the disciplinary measures of fines or suspension of activities, time
1 year,
(d)) if passed from the date when it was enforced a decision imposing
disciplinary measures are removed from the list, the period of 5 years,
(e)) if passed from the date when the decision on the removal has been done
Assistant from the list, the period of 3 years.
§ 54
Details about the disciplinary proceedings provides for disciplinary order which
issued by the Chamber.
section 55
The provisions of § 49 to 53 shall apply for a foreign patent attorney
and foreign organizational form, mutatis mutandis.
TITLE VI OF THE
THE AUTHORITIES OF THE COMOROS
section 56
(1) the Chamber shall have the following authorities:
and) the Convention,
(b)), the Board of Directors
(c)), the Chairman of the
(d)), Vice-Chairman,
(e) the Supervisory Commission),
(f) Disciplinary Commission).
(2) the Chamber may set up advisory bodies.
§ 57
Tag
(1) the highest authority is the diet. The right to participate in the Bundestag with the law
voting and election to which all patent attorneys registered in the list of
patent attorneys [§ 4 (1) (a))]. Patent attorney can
be on the Assembly represented by another patent agent, which carries with it
working together in an association or society. Represented by the patent
the representative is deemed to be present in the diet.
(2) the Convention shall be convened by the Board of Directors at least once every 3 years a written
the invitation addressed to the proven all patent attorneys.
The Board of Directors is obliged to convene the Parliament always requests it in writing
at least a third of all patent agents or, if requested by the supervisory
the Commission, at the latest within 2 months; If the Board fails to do so,
is entitled to convene an Assembly of the Supervisory Commission. Parliament must be convened so that the
reunited as soon as possible after the expiry of the 1 month and no later than 3 months from the date of
the convocation.
(3) the Convention is able to pass resolutions regardless of the number of
patent attorneys. The resolution of the Bundestag is taken, if voted for him
by an absolute majority of the present patent attorneys. In the election of the members and
alternate members of the Chamber's bodies shall be decided by the number of votes cast by
patent attorneys to individual candidates, and must obtain the
at least one third of the present patent attorneys. The proposal to
the appeal of a member or alternate shall require the consent of the authority of the Chamber
at least one third of the present patent attorneys.
section 58
Tag
and elect the direct and secret) option for a period of 3 years from patent attorneys
the Chairman, the Vice-Chairman, the members and alternates of the Board, the supervisory
the Commission and the disciplinary Commission; members of these bodies also the secret choice
refers,
(b)) shall adopt and amend the professional regulations, in particular the organizational regulations,
the disciplinary procedure, the electoral code, the rules of procedure of the Board and the Commission,
the rules of professional ethics,
(c)) provides for the amount of the contribution to the activities of the Chamber of patent attorneys, as well as
(I) the amount of the registration fee to the list, if appropriate, adopt the policy for
determination of the amount thereof by the Board,
(d)) shall consider and approve the report on the activities of other bodies of the Chamber,
e) may cancel or change the decision of the Board of Directors, with the exception of decisions
pursuant to section 59 paragraph. 3; the law, which repealed the decision of the Board of Directors
established patent attorneys or other persons, however, cannot be
prejudice,
(f)) shall, in all other matters, that, with the exception of reserves
decisions in disciplinary proceedings,
(g)) and adopts the budget of the annual accounts.
section 59
The Board of Directors
(1) the Board of Directors is the executive body of the Chamber.
(2) the Board of Directors including the Chairman and the Vice-Chairman has 7 members and 3
alternates; If the number of members of the Board of Directors under 7, is
the Board of Directors shall be authorized to supplement the number of members from among the alternates.
(3) the Board of Directors shall decide
and) removed from the list referred to in section 19 and § 47 odst. 7, unless
strike out on their own request,
(b)) on the suspension of permission to provide services under section 15 and the
the suspension of the practice of the Assistant, it's not about the suspension of the activities of the
the patent agent or the practice of an Assistant, at his request,
(c)) of the remedies available under the provisions of section 52,
(d)) to reduce or remit the contributions to the activities of the Chamber,
(e)) in all matters entrusted to the Chamber, if under this Act
taken by other authorities.
(4) the Board of Directors on
and convened by the Parliament)
(b) the trial Commissioner, proposed)
(c) the assets managed by the Chamber)
(d)) protects and promotes the interests of patent agents,
e) regularly inform the patent representative activities of the Chamber,
(f)) makes all the measures necessary for the activities of the Chamber,
g) keep a register,
h) performs other activities, if under this Act are not eligible for any other
authorities of the Chamber.
(5) the Board of Directors shall meet as a rule once every 3 months; the meetings of the
the Board of Directors shall be convened by the President of the Chamber.
section 60
The President Of The Chamber Of Commerce
(1) the President is the statutory body that acts on behalf of the Chamber in all
matters. In the case of his absence or his credentials, it represents
Vice Chairman.
(2) the President of the Chamber of Commerce
and decide on the destination alternate) patent agent pursuant to § 39, paragraph.
3 and 7,
(b)) in the list of features the suspension of permission to provide services
patent attorney on the basis of his application,
(c)) in the list of features of the suspension on the basis of performance practice Assistant
his application.
(3) the President of the Chamber is entitled to do other measures or decisions
which are vested in the scope of this law, or professional
the code.
section 61
The Supervisory Commission
(1) the Supervisory Commission is the supervisory body of the Chamber.
(2) the number of members and alternate members of the Supervisory Commission shall lay down the organisational rules;
If the number of members of the Supervisory Commission under number set, make up
the Supervisory Commission from among the alternates.
(3) the Supervisory Commission
and performance) checks the resolution of the Bundestag and the activities of the Board of Directors; for this
the purpose of the Supervisory Commission must be given access to all the documents of the Chamber,
(b)) supervises the proper performance of the activities of patent agents,
(c)) shall elect from its members a Chairman, and which controls the activity of the Commission and
serving suggestion for disciplinary action,
(d) checks the documentation management), pursuant to section 43.
(4) if the Supervisory Commission for that decision or other measures
the Board is in conflict with the law, professional regulation
or with the resolution of the Bundestag, is obliged to suspend his performance; the suspension of the
However, the Convention shall cease to be valid if the suspended decision or other
measures confirmed.
section 62
The disciplinary Commission
(1) the disciplinary board is the body which exercises the disciplinary
the scope laid down in this law, the disciplinary regulations and other
legislation, in particular the professional rules of ethics.
(2) the number of members and alternate members of the disciplinary Commission shall establish a disciplinary
the order of the Chamber; If the number of members of the disciplinary Commission under number
set, make up the Disciplinary Committee from among the alternates.
(3) the disciplinary board
and conducts disciplinary proceedings) and decide on disciplinary measures
According to the law,
(b)) shall elect from its members and the President of the Commission refers, which governed its
activity.
section 63
Common provisions on the bodies of the Chamber
(1) the functions in the bodies of the Chamber are Honorable; the responsibility for their performance only
reimbursement of cash expenses.
(2) a more detailed editing of the Organization of the Chamber, its authorities and the scope of the
These authorities shall lay down the organisational rules of the Chamber.
TITLE VII
THE SCOPE OF THE OFFICE
section 64
(1) the President of the Office is entitled to request the opening of the Chamber
the disciplinary procedure.
(2) the Chamber is required to submit to the Office within 30 days of the professional regulations
adopted by its institutions.
(3) if the President of the Office considered that the professional prescription is contrary
with the law or with the rights of the European Union, is entitled to file an
an action before the competent court ^ 7) within 2 months from its adoption. In
This procedure shall be followed, mutatis mutandis, in accordance with the provisions on the management of an
against the decision of the administrative authority.
TITLE VIII
THE PROVISIONS OF THE COMMON, TRANSITIONAL AND FINAL
The provisions of the common
section 65
(1) the Chamber shall issue to the professional rules on the rights and obligations of patent
representatives as members of the Professional Association; on the day of their publication is the day
their approval of the Parliament. Professional regulation, which was declared in accordance
with this Act, shall take effect 60 days after its publication,
unless otherwise provided in the Convention, however, as soon as possible otherwise date of its publication.
(2) in the professional regulations of the Chamber provides
and details of) the rights and obligations of patent attorneys and
assistants,
(b) details of the payment of contributions) to cover the costs of the activities of the Chamber,
(c) the details of the documentation management) under section 43 and the limits of its control
The Chamber,
(d)) the details of the disciplinary proceedings,
(e) the minimum amount of insurance) (§ 42).
(3) the Chamber, in agreement with the authority, shall establish the scope of the test questions
the conditions and details of the course of the performance of professional and Delta
the tests.
section 66
The proceedings under this Act by the administrative code, if this
the law does not provide otherwise.
§ 67
Each,
and who has not been in) time limits set by this law written in the list,
(b)) who has been issued a certificate of registration to the list,
(c)) to the time limit set by this law to the composition of the
Professional or differential tests,
(d)) who was not within the time limit laid down in this Act to allow for the oath,
(e)), who was withdrawn from the list or has been suspended, the performance of the activities of the
is entitled to go to court, ^ 7) to his right.
The provisions of the transitional
section 68
(1) the patent attorneys registered in the register of patent agents kept at the
According to the existing legislation, the effective date of this law
to become patent attorneys with permission in the range according to the composition of the
vocational tests. Information about compound tests needed for professional
the scope of the permission to write to the lists shall notify the Chamber Office in accordance with the protocols on
their execution on the date of entry into force of this Act.
(2) a certificate of registration issued in accordance with the existing regulation
void issuance of a certificate under this Act.
(3) the Chamber shall issue a certificate of registration and license the patent to the list
the representative referred to in section 13 (3). 1 designating the scope of permission for the performance of
the activities of the patent attorney.
§ 69
(1) proceedings for disciplinary measures against patent attorney launched
before the date of entry into force of this law shall be completed in accordance with this
the law; When determining disciplinary measures shall apply existing
the legislation, if it is more favourable for the accused person to disciplinary punishment.
Similarly, even in appeal proceedings and recovery management.
(2) the procedure for suspension or removal from the register initiated before the date of
the entry into force of this law shall be completed in accordance with this Act.
(3) the procedure for registration in the register and on the registration of changes in the register launched
before the date of entry into force of this law shall be completed in accordance with this
the law.
section 70
(1) Professional exams according to the existing legislation, the
recognized as vocational test according to § 11 (1). 2 of this law and in the
the scope specified by him.
(2) the patent attorneys registered in the register under the existing law.
237/1991 Coll., as amended, are patent attorneys
under this Act, and to the extent permission according to § 2 (2). 3.
section 71
(1) the Chamber of patent attorneys is hereby established by Act No. 237/1991
Coll., on patent representatives.
(2) the date of entry into force of this Act, the rights and obligations shall devolve
Chamber of patent attorneys on the Chamber.
(3) the institutions and advisory bodies selected by the Chamber of patent attorneys
the earlier law operate as institutions and Advisory
authorities of the Chamber pursuant to this Act until the end of his term of Office.
(4) the professional rules adopted by the institutions under the Chamber of patent attorneys
the existing law will remain in force until the adoption of the
the professional rules under this Act not exceeding 1 year from the date of
the entry into force of this law.
section 72
The provisions of 1.
Shall be deleted:
1. Act No. 237/1991 Coll., on patent representatives, as amended by Act No.
151/2002 Sb.
2. Decree No. 350/1991 Coll., on the remuneration of patent attorneys.
PART THE SECOND
Amendment of the Act on measures for the protection of industrial property
section 73
In the Act No. 14/1993 Coll., on measures for the protection of industrial
ownership, section 6 is repealed.
PART THE THIRD
The EFFECTIVENESS of the
§ 74
This Act shall take effect on the date of its publication.
Zaorálek in r.
Klaus r.
Spidla in r.
1) § 35 paragraph. 2 Act No. 150/2002 Coll., the Administrative Court of law.
§ 25b of Act No 99/1963 Coll., the civil procedure code, as amended
regulations.
1A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
the eligibility of nationals of the Member States of the European Union and the
some of the nationals of other States and on the amendment of certain laws (the law on the
recognition of professional qualifications), in the wording of later regulations.
1B) Article. 14 paragraph. 3 European Parliament and Council Directive 2005/36/EC of
on 7 December 2004. September 2005 on the recognition of professional qualifications.
2) Act No. 85/1996 Coll., on the legal profession, as amended.
3) Law No 111/2009 Coll., on basic registers.
4) Law No. 513/1991 Coll., the commercial code, as amended
regulations.
5) section 49 of Act No. 140/1961 Coll., the criminal code, as amended
regulations.
6) section 69 and following of Act No. 513/1991 Coll., as amended
regulations.
7) Act No. 150/2002 Coll., as amended.
175e) § 8 code of civil procedure.
for example, 9) Act No. 563/1991 Coll., on accounting, as amended
regulations. Act No. 586/1992 Coll., on income taxes, as amended
regulations.
10) Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (the law on universities), as amended
regulations.
section 16, paragraph 11). 2 Act No. 218/1999 Coll., on the scope of military conscription and the
on military administrative offices (military law), as amended by Act No.
238/2000 Sb.
12) Law No. 18/1992 Coll., on civilian service, as amended
regulations.
