375/2007 Sb.
LAW
of 6 December. December 2007,
amending the Act No 452/2001 Coll., on the protection of designations of origin and
geographical indications and on the amendment of the Act on consumer protection, as amended by
amended
Parliament has passed the following Act of the Czech Republic:
Article. (I)
Act No. 452/2001 Coll., on the protection of designations of origin and geographical indications
and on the amendment of the Act on consumer protection, as amended by Act No. 131/2003
Coll., Act No. 501/2004 Coll. and Act No. 221/2006 Coll., is hereby amended as follows:
1. In article 1, the word "get", the words "in the Czech Republic".
2. In section 1, the present text shall become paragraph 1 and the following
paragraph 2, including the footnotes 1 and 1a is added:
"(2) the law also modifies the following on directly applicable provision
European Community governing the protection of geographical indications and
designations of origin for agricultural products and foodstuffs "^ 1") (hereinafter referred to as "directly
applicable Community provision ")
and the powers of the administrative authorities) to activities by directly
the applicable Community legislation shall be exercised by the Member State,
(b) the procedure for the submission of applications) for the registration of designations of origin or geographical
the labelling of agricultural products or foodstuffs produced or
processed or prepared on the territory, which is located in the Czech
the Republic, in the register of protected designations of origin and protected
geographical indications kept by the Commission "^ 1a),
(c)) to change the specifications,
(d) the procedure for the submission of applications) on the cancellation of the registration of a designation of origin or
the geographical indication in the register of protected designations of origin and
protected geographical indications kept by the Commission "^ 1a).
1) Council Regulation (EC) No 510/2006 of 20 February. March 2006 on the protection of
geographical indications and designations of origin for agricultural products and
food.
1A) Article. 211 to 219 of the Treaty establishing the European Community. ".
Footnote No. 1 is referred to as a footnote
No. 1b, including links to a footnote.
3. Title VII, including title and footnotes 7 and 8:
"TITLE VII
CONSULTATION AND REFERRAL OF REQUESTS FOR THE REGISTRATION OF DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL
MARKING ACCORDING TO THE DIRECTLY APPLICABLE COMMUNITY LEGISLATION
section 18
The authorities of the Czech Republic, which holds the tasks by directly applicable
Community legislation, the authority and the Ministry of agriculture, with the exception of
the activities carried out by the inspection authorities specified in § 10 (1). 1.
The request for the registration of designations of origin and geographical indications
§ 19
(1) an application for registration of a designation of origin or geographical indications (hereinafter referred to as
"designation") by directly applicable Community legislation (hereinafter referred to as
"the application for registration of a community") concerning agricultural product or
foods produced or processed or prepared on the territory of that
located in the Czech Republic, and this sign is used in the Czech Republic
in the context of the agricultural product or foodstuff shall be submitted to the Office.
(2) the application for registration of the community must be accompanied by the documentation required by the
directly applicable Community and find the control
authority.
(3) if the application for registration of the community accompanied by the documents referred to in
paragraph 2, the Office shall invite the applicant to deficiencies within a period of 2 months
removed the. If the applicant does not remove the deficiencies, the Office management.
(4) the Office shall request the Ministry of agriculture about the answer to the request for
Community registration, whether the mark whose registration is sought does not
a name that has become generic, the name of a plant variety or breed of animal, or
a homonymous name. To set a time limit which shall be not less than 10
days. If, within the prescribed period, the Ministry of agriculture deemed
It is considered that the request does not have comments.
(5) If the application for registration of the Community contains the names, which
and generic)
(b)) is identical with the trade mark, with the name of a plant variety or breed
the animals, or
(c)) are homonymous
and that as a result, could mislead the consumer about the
the true origin of the agricultural product or foodstuff, to the Office of the request for
Community registration will be rejected.
(6) If the application for registration of a name designating a community concerns
geographical area, which extends also the territory of another Member State
Of the European communities, to natural or legal persons established or
natural persons residing in the territory of the State in proceedings before the Office
the same rights as the natural or legal persons established or physical
persons residing in the territory of the Czech Republic.
section 20
Application for registration of a community that has the elements and are accompanied by the
the documents referred to in the applicable Community legislation itself, and this Act
and if the indications therein is not excluded from registration by directly
the applicable Community legislation, the Office
and its Basic) information required directly applicable
by a community provision of applications in the Gazette and the notice, that
any natural or legal person or a natural person with
resident in the territory of the Czech Republic with a legitimate interest may object to the
The Office against the request for registration of the community objected, and
(b)) lays out for 3 months for public consultation.
The objections
section 21
(1) the opposition shall be submitted in writing within 3 months of the date of publication of the
applications for community registration in the Gazette under section 20. The objection must
include the reasons and must be marked with the evidence that the mark, the
registration is required, does not meet the conditions set by the directly applicable
community for the registration in the register of protected designations
of origin and protected geographical indications kept by the Commission "^ 1a). The Office of the
informs you about the submitted objections to the Ministry of agriculture.
(2) If the objecting can demonstrate that it is a person who has a legitimate interest,
The Office shall refuse the objections to the decision.
(3) the Lodged objections, which are in accordance with paragraph 1, the Office shall submit to the
within 15 days from the date of their receipt, or from the legal power
the decision on their admissibility to the applicant for comments, and at the same time it
prompts to peaceful negotiations with the namítajícím removed the contradiction. To do this,
The authority shall set a reasonable time limit, which may not be less than 15 days. In
case between the applicant and the person who filed a claim, it was the contradiction
removed, it is considered that the objection was withdrawn.
(4) if the Act referred to in paragraph 3, delete the contradiction in the Office
If the objections relate to the facts referred to in section 19, paragraph. 4,
request the Ministry of agriculture to express opposition to merits tests are applied. To
It shall specify the period, which shall not be shorter than 10 days. The Office of objections
Decides, after receiving the observations of the Ministry of agriculture, or after
What is the deadline for expression in vain shall expire. If the Ministry of agriculture in the
time limit deemed considered that the request does not have a
the comments.
(5) in the event that the objections relate to the specification for an agricultural product
or food, for example, the connection between agricultural product or
foodstuff and the geographical environment in which the agricultural product or
food produced or processed or prepared, the authority
the inspection authority to issue a binding Award for the purpose of submission of the request
about community registration.
(6) the audit authority is obliged to submit a binding Award referred to in paragraph 5 to the
2 months from the date when the authority shall forward the complete file of the application for community
write.
(7) if the objection lodged against the application for registration of the community are
by directly applicable Community legislation, the Office of the request reasonable
the community rejects the notation and to the further management of the Commission has referred it to ^ 1a).
section 22
(1) if the request complies with the conditions laid down in the community write directly
the applicable provision of the community and, where not against the request for
Community registration with the Office of the objection, or, if not filed objections to the
in accordance with the directly applicable Community law, the Office shall decide on the
referral of requests for community registration together with a declaration required
directly applicable Community Law Commission ^ 1a) for further proceedings.
(2) the decision on the referral of requests for community Registration Office delivers
a public decree ^ 7). On the day after the fly on the notice board of the Office of the
the decision presumed. Against this decision may be made by
the decomposition of any natural or legal person or a natural person with
resident in the territory of the Czech Republic, which proves a legitimate interest.
The deadline for submission of the decomposition begins on the date of publication of the decision.
(3) If an application for registration referred to the community for further proceedings
^ Commission 1a) at the same time, the Office will make available the text of the specification on their
website.
section 22a
Change of specification
(1) any natural or legal person or a natural person with
resident in the territory of the Czech Republic, which has registered a designation
an agricultural product or foodstuff produced or processed or
prepared in the territory, which is located in the Czech Republic, in the register
protected designations of origin and protected geographical indications kept by the
^ 1a) Commission (hereinafter referred to as "the holder of a domestic Community mark"), and that
legitimate interest may submit to the Office an application for amendment of a specification
your designation.
(2) the amendment of a specification lays out for a period of 3 months to the public
inspection and a request for amendment of a specification shall be published in the Journal with
Notice that the objections to the change of the specification may be given on the objecting
period of 3 months from the date of this publication. The objection must contain the reasons for the
and they shall be marked with the evidence that the modified specification does not meet the
the conditions laid down by Community law directly applicable to the registration of the
in the register of protected designations of origin and protected geographical
mark, held by the Commission "^ 1a).
(3) If the objecting can demonstrate that it is a person who has a legitimate interest,
The Office shall refuse the objections to the decision.
(4) the Lodged objections, which are in accordance with paragraph 2, shall submit to the Office of
within 15 days from the date of their receipt, or from the legal power
the decision on the admissibility of the opposition the domestic holders of community
indications for expression and at the same time it prompts to peaceful negotiations with the
namítajícím remove the contradiction. The Authority shall fix a reasonable time limit,
which may not be less than 15 days. In the case between the applicant and
who filed a claim, it was the contradiction is removed, it is considered that the objection
was taken back.
(5) if the Act referred to in paragraph 4, delete the Office of contradiction
objections, shall decide on the basis of a binding award of the supervisory authority of the
the conditions for the amendment of a specification laid down by the directly applicable
community, which it shall issue within 2 months from the date on which his Office
the complete dossier shall submit a request to change the specification.
(6) if the objection lodged against the application for the amendment of a specification are
by directly applicable Community legislation, the Office of the request reasonable
change specifications and rejects the further proceedings the Commission has referred it to ^ 1a).
(7) if it satisfies the specification change request conditions laid down directly
the applicable provision of the community and, where not against the amendment request
specifications for the Office of the objection, or where the Office finds, that the submitted
the objections are not in accordance with the directly applicable Community law,
Decides to refer the request to change the specification together with a declaration
required by directly applicable Community Law Commission ^ 1a) to the
further proceedings.
(8) the decision to refer the request to change the specification of the authority delivers the
a public decree ^ 7). On the day after the fly on the notice board of the Office of the
the decision presumed. Against this decision may be made by
the decomposition of any natural or legal person or a natural person with
resident in the territory of the Czech Republic, which proves a legitimate interest.
The deadline for submission of the decomposition begins on the date of publication of the decision.
(9) If a request for amendment of a specification referred to for further proceedings
^ Commission 1a) at the same time, the Office will make available the text of the amended specification on their
website.
section 22b
Request for cancellation of the registration of the mark
(1) any natural or legal person or a natural person with
resident in the territory of the Czech Republic, which proves a legitimate interest may
at the Office to submit a duly substantiated request for cancellation of the registration of the mark by
directly applicable Community legislation (hereinafter referred to as "cancellation request
Community registration ") relating to an agricultural product or
foods produced or processed or prepared on the territory of that
located in the Czech Republic, in particular, on the grounds that the agricultural product or
the food does not meet the conditions of the specification.
(2) the application referred to in paragraph 1 shall be published in the Gazette stating that
objections against the request for cancellation of the registration of a community can make everyone
who can establish a legitimate interest, within a period of 3 months from the date of publication of the
request. The objection must contain the reasons and must be supported by
the evidence, which shows that the registered mark fulfils the conditions laid down
directly applicable Community regulation for entry in the register
protected designation of origin and protected geographical indications kept by the
The Commission "^ 1a).
(3) If the objecting can demonstrate that it is a person who has a legitimate interest,
The Office shall refuse the objections to the decision.
(4) a request for cancellation of the registration of the community including submitted objections,
in accordance with paragraph 2, shall submit to the Office within a time limit of 15 days from
the date of receipt of the opposition, or by the decision of the
the admissibility of the opposition the domestic holders of Community designation to the
expression and at the same time it prompts to peaceful negotiations with the applicant on the
the cancellation of the registration of the community and with the namítajícím removed the contradiction. To do this,
The authority shall set a reasonable time limit, which may not be less than 15 days. In
If the applicant holds a Community designation, domestic
and the man who staked his claim, it was removed, the contradiction it is considered that the
the request was withdrawn.
(5) If you fail to act in accordance with paragraph 4 delete the contradiction and reason
the cancellation of the registration of the community lies in the agricultural
product or food, for example, the connection between agricultural product
or foodstuff and the geographical environment in which the agricultural product
or food manufactured or processed or prepared, the authority
the inspection authority to issue a binding award of the fulfilment of the conditions
set directly applicable Community law.
(6) the control authority shall issue a binding Award referred to in paragraph 5 within 2 months from the date
the date on which his Office will submit the full dossier of the application for revocation of a community
the registration.
(7) If the indication does not meet the conditions set by the directly applicable
Regulation, the Office shall forward the request for revocation of a community
enrollment Commission ^ 1a) for further proceedings. Otherwise, the request will be rejected.
(8) a decision on the submission of the request for revocation of community Registration Office
delivers a public decree ^ 7). On the day after the fly on the notice board of the Office of the
the decision presumed. Against this decision may be made by
the decomposition of any natural or legal person or a natural person with
resident in the territory of the Czech Republic, which proves a legitimate interest.
The deadline for submission of the decomposition begins on the date of publication of the decision.
section 22 c
Objections against the request for registration of the community, of the amendment of the specification and
the cancellation of the community registration and application for revocation of a community registration
indications coming from another State
(1) objections to natural or legal persons established or physical
persons residing in the territory of the Czech Republic against the application of the community
write, objected to the request for cancellation of the registration, and the objections of the community
against the request for amendment of the specification for the designation, which come from another
the State, which are to be applied in the procedure before the Commission ^ 1a), shall be submitted for
Office no later than 1 month before the expiry of the deadline ^ 8) laid down directly
the applicable provision of the community. If the objections of the facts
referred to in section 19, paragraph. 4, the authority before forwarding caveats
^ Commission 1a) on the representation of the Ministry of agriculture. To set a time limit,
which shall not be shorter than 10 days. The authority shall not refer to the Commission's objections, ^ 1a)
that were filed after the time limit; the authority of this fact the person that submitted the
objections, inform.
(2) the request of natural or legal persons established or physical
persons residing in the territory of the Czech Republic on the abolition of the community
registration of the mark, coming from another State is served
through the Office.
7) section 25 of Act No. 500/2004 Coll., the administrative procedure code.
8) Article. 7. 1 Council Regulation (EC) No 510/2006 of 20 February. March 2006
on the protection of geographical indications and designations of origin for agricultural products
and food. ".
Article. (II)
The effectiveness of the
This Act shall take effect on the date of its publication.
Vaidya in the r.
Klaus r.
Topolanek in r.
