Representatives Of The Patent And The Change Of Protection. The Ownership Of The

Original Language Title: o patentových zástupcích a o změně z. o ochraně prům. vlastnictví

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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.

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