The Law On The Enforcement Of Industrial Property Rights

Original Language Title: zákon o vymáhání práv z průmyslového vlastnictví

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62623&nr=221~2F2006~20Sb.&ft=txt

221/2006 Sb.



LAW



of 25 June 2002. April 2006



on the enforcement of industrial property rights and amending the laws that protect

industrial property (law on the enforcement of industrial

ownership)



Parliament has passed the following Act of the United States:



PART THE FIRST



Enforcement of industrial property rights



§ 1



The subject of the edit



This law incorporates the relevant European Community regulation ^ 1) and

modifies the legal remedies for the enforcement of industrial

ownership of a ^ 2) (hereinafter referred to as "the law").



§ 2



A person authorized to enforce the law



(1) to enforce rights under this Act is entitled to the owner or the owner of the

rights under applicable law for the protection of industrial property,

person entitled under a special legal regulation ^ 2) enjoy the rights,

in particular, the licensee and the protection of the rights of a professional organization that is

duly recognized in the country of origin as the organization authorized to represent

owners or owners of industrial property rights (hereinafter referred to as

"authorized person").



(2) the licensee may enforce the rights only with the consent of the owner or

the owner of the rights. Consent is not required if, within 1 month from the

receipt of notice of a violation of or threat to the transferee the rights has commenced

the owner or the owner of the rights infringement proceedings or threat to rights

alone.



§ 3



The right to information



(1) the entitled person may claim against a third party,



and that for the purpose of) direct or indirect economic or commercial

the benefit of holding goods infringing, or



(b)) which for the purpose of direct or indirect economic or commercial

the benefit of infringing services used, or



(c)) for which it was established that for the purpose of direct or indirect economic

or commercial benefit, provided services to be used in the activities of the

the infringing goods, or



(d)) that has been marked by a person referred to in subparagraph (a)), b) or (c)) as

a person participating in the production, processing, storage and distribution of goods

or the provision of services,



information about the origin and distribution networks of the goods or services, which is

a violation of the law.



(2) if the information referred to in paragraph 1 granted voluntarily in

a reasonable time limit, the person entitled to the claim of her proposal in the Court

infringement proceedings. The Court shall reject the action if this would be in

disproportionate to the seriousness of the threat to or violation of rights.



(3) information they contain



and) name and surname or business name, or the name and place of residence

residence or registered office of the manufacturer, processor, Storer, Distributor,

suppliers and other previous holders of the goods or services that violate

right,



(b) details of the quantities produced), manufactured, delivered, stored, received or

quantity ordered and the price received for the goods or services.



(4) the provisions of paragraphs 1 and 2 shall remain unaffected by the provisions of the

the specific legislation governing in particular



and the right to obtain information) in a wider range,



(b) information in) the use of the civil or criminal proceedings,



(c)) the responsibility for the abuse of the right to information,



(d) the obligation of secrecy) ^ 3),



(e)) the right to refuse to provide information if the person referred to in

paragraph 1 had admitted his own involvement or participation by the people at

violations of the law,



f) protect the confidentiality of information sources or the processing of personal

data ^ 4).



Measures to remedy the



§ 4



(1) if there is an unauthorized interference with the rights of the entitled person may

to claim in court that the infringer has delayed negotiations, in which experiencing

violations of or threats to the rights, and the consequences of threats or violations were

deleted, and especially



and) by downloading the products from the market, of which the manufacture or placing on the market or

storage has been compromised or infringement of rights,



(b)) by permanently deleting or destroying products whose manufacture or

placing on the market or storage has been compromised or infringement of rights,



(c)) by downloading, by permanently deleting or destroying the materials, tools and

device intended or used exclusively or mainly for activities

infringing or threatening the right.



(2) the Court ordered destroyed, if the breach could be

removed otherwise and destruction would be disproportionate to the infringement.

If the corrective action directed against the products, materials,

tools or devices that are not in possession,

the Court shall take into account the interests of third parties, particularly consumers and people

acting in good faith. Delete indications or counterfeit trade

the mark of the products before placing them on the market may be allowed only in

exceptional cases ^ 5).



(3) an authorized person may pursue in court claims referred to in

also with respect to paragraph 1, whose resources or services are used

third party to infringe the rights.



(4) the Court may, on application of the infringer to order instead of the measures

referred to in paragraph 1, the payment of monetary compensation to the beneficiary, and

If the infringer knew or could know, if he

This measure caused disproportionate harm and monetary settlement with

by an authorized person seems sufficient.



(5) an authorized person, whose design has been satisfied, the Court may admit in

the judgment of the right to publish the judgment at the expense of the infringer, who in

the dispute failed, and according to the circumstances and determine the scope, form and method

publication.



§ 5



(1) the entitled person has the right to compensation for damages, unjust

enrichment, which earned by the infringer as a result of threats or violations of the

rights, and adequate compensation if the interference to the rights caused by

non-material damage. Reasonable satisfaction may consist in regard to

the performance.



(2) the Court may, on the proposal to provide for compensation for damages, the amount of unjust

enrichment, which earned by the infringer as a result of threats or violations of the

rights, and adequate compensation in a lump sum of at least

double the license fee, which would be the usual when you get

license to use rights at the time of unauthorized intervention into it.



(3) the Court may, on the proposal to provide for compensation for damages, the amount of unjust

enrichment, which earned by the infringer as a result of threats or violations of the

rights, and adequate compensation if the infringer in the performance

activities did not know or could know that the Act violates the rights,

flat-rate amount to at least the amount of the license fee, which would be

usually when you get a license to use the rights at the time of the unlawful interference

into it.



(4) the Court shall take into account all the relevant circumstances, such as

for example, the adverse economic consequences, including loss of profit, which

the authorized person has suffered, for unauthorized profits of the infringer and

where appropriate, for other than economic aspects, such as

moral injury caused by a beneficiary to an infringer.



PART TWO



THE SPECIAL ARRANGEMENTS FOR THE SCOPE OF THE COURT IN MATTERS OF INDUSTRIAL PROPERTY



§ 6



(1) the municipal court in Prague



and) decides as the Court of first instance in disputes about claims

based on industrial property, of the claims of the threat and

infringement of industrial property rights and entitlements on release

unjust enrichment obtained at the expense of whom demonstrated by the law of the

industrial property rights, and of the claims referred to in the first section of this Act,



(b)) shall take decisions in the Czech Republic as the first instance court for trade

a Community trade mark pursuant to article. 92 Council regulation of the European communities

No 40/94 of 20 December December 1993 on the Community trade mark,



(c)) shall take decisions in the Czech Republic as the Court of first instance for

(industrial) Community designs pursuant to Council Regulation (EC) No 6/2002 of

on 12 June 2006. December 2001 on Community designs (industrial),



(d) review the final administrative decision) Office of industrial

ownership by a special legal regulation ^ 6).



(2) the municipal court in Prague, in proceedings referred to in paragraph 1 and shall act

in specialized chambers of the President and two judges.



Transitional provisions



§ 7



(1) proceedings in matters concerning administrative justice, industrial

ownership in which proceedings have been initiated before the effective date of this

the law, according to present legislation is completed.



(2) proceedings in the instance in matters of litigation of the claims stemming from the

industrial property rights of the claims of the threat and violation of the rights of

industrial property, and claims of unjust enrichment

obtained at the expense of this, who suggests the rights of industrial property rights,

in which proceedings have been initiated before the effective date of this Act,

According to present regulations. completes



PART THREE



Amendment of the Act on courts and judges



§ 8



Act No. 6/2002 Coll., on courts, judges, lay judges and State administration

courts and amending some other acts (the Act on courts and judges),

as amended by Act No. 151/2002 Coll., Act No. 229/2002 Coll., Act No.

349/2002 Coll., Act No. 192/2003 Coll., Act No. 441/2003 Coll., Act No.

626/2004 Coll., Act No. 349/2005 Coll. and Act No. 413/2005 Coll., is amended

as follows:



In § 39, paragraph 2, including footnote No. 1a is added:




"(2) in industrial property matters ^ 1a) is the appropriate substantive and locally

as the Court of first instance the municipal court in Prague.



1A) Act No. 221/2006 Coll. on enforcement of industrial property rights and

about changing the laws on the protection of industrial property (law on enforcement

of industrial property rights). ".



PART FOUR



Amendment of the law on inventions and rationalization proposals



§ 9



Act No. 527/1990 Coll., on inventions and rationalization proposals as amended by the

Act No. 519/1991 Coll., Act No. 116/2000 Coll., Act No. 207/2000 Coll.

Act No. 173/2002 Coll., Act No. 501/2004 Coll. and Act No. 59/2005 Coll.

is amended as follows:



1. In paragraph 63, the following paragraph 3, including footnote No. 5i

added:



"(3) Against final decisions of the Office shall be admissible an action against

the decision by a special legal regulation ^ 5i).



5I) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations. ".



2. In paragraph 67, after the words "the Office" following the word "decision".



3. In section 75 para. 1, after the words "the law", the words ", with the exception of

the rights of patents and supplementary protection certificates ".



4. In article 75, paragraphs 2 and 3 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



5. § 75a is hereby repealed.



PART FIVE



Amendment of the Act on the protection of topographies of semiconductor products



§ 10



Act No. 529/1991 Coll., on the protection of topographies of semiconductor products, in

amended by Act No. 116/2000 Coll. and Act No. 501/2004 is amended as follows:



1. in the section 18 para. 2, the words "for violations of rights and for the right to

information ' shall be deleted.



2. In paragraph 18, the following is inserted after paragraph 2 paragraph 3, including the

footnote # 3a is added:



"(3) Against final decisions of the Office shall be admissible an action against

the decision by a special legal regulation ^ 3a).



3A) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations. ".



The former paragraph 3 shall become paragraph 4.



PART SIX



Amendment of the Act on utility models



§ 11



Act No. 478/1992 Coll. on utility models, as amended by Act No. 116/2000

Coll. and Act No. 501/2004 is amended as follows:



1. in section 21 para. 2, the words "and for the violation of rights, on the right to

information ' shall be deleted.



2. in article 21, paragraph 2, the following paragraph 3, including the

footnote No. 4a is added:



"(3) Against final decisions of the Office shall be admissible an action against

the decision by a special legal regulation ^ 4a).



4A) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations. ".



The former paragraph 3 shall become paragraph 4.



PART SEVEN



Amendment of the Act on the protection of industrial designs



§ 12



Act No. 207/2000 Coll., on the protection of industrial designs and on the amendment of Act No.

527/1990 Coll., on inventions, industrial designs and rationalization

the proposals, as amended, as amended by Act No 474/2004

Coll., Act No. 501/2004 Coll. and Act No. 59/2005 is amended as follows:



1. section 20 is repealed.



2. section 21 is repealed.



3. In article 47, paragraph 4 shall be deleted.



The present paragraph 5 shall become paragraph 4.



PART EIGHT



Amendment of the Act on the protection of designations of origin and geographical indications



section 13 of 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 Act No. 131/2003

Coll. and Act No. 501/2004 is amended as follows:



1. In article 13, the current text shall become paragraph 1 and the following

paragraph 2, which, including footnote No. 4 c is added:



"(2) Against the final decisions of the Office shall be admissible an action against

the decision by a special legal regulation ^ 4 c).



4 c) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations. ".



2. In article 24, paragraphs 2 to 4 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



PART NINE



The trade marks (Amendment) Act



§ 14



Law No. 441/2003 Coll. on trademarks and amending Act No. 6/2002

Coll., on courts, judges, lay judges and the State administration of courts and amending

some other laws (the law on the courts and Judges Act), as amended by

amended, (law on trade marks), as amended by Act No.

501/2004 is amended as follows:



1. In section 8, paragraphs 4 to 7, including footnote # 5 be deleted.



The present paragraph 8 shall become paragraph 4.



2. in section 18, paragraph 4 shall be deleted.



3. In § 51 para. 2, the words "to the extent provided in § 8 para. 5 "

replaced by the words "to the extent provided by law no 221/2006 Coll., on

enforcement of industrial property rights and amending the laws that protect

industrial property (law on the enforcement of industrial

ownership) ".



PART TEN



The EFFECTIVENESS of the



§ 15



This Act shall take effect on the date of its publication, with the exception of articles 6 and 8,

that will become effective on 1 January 2004. January 1, 2008.



in z. H K in r.



Klaus r.



Paroubek in r.



1) European Parliament and Council Directive 2004/48/EC of 29 April 2004. April

2004 on the enforcement of intellectual property rights.



2) Act No. 527/1990 Coll., on inventions and rationalization proposals, in

as amended.



Act No. 529/1991 Coll., on the protection of topographies of semiconductor products, in

as amended.



Act No. 478/1992 Coll. on utility models (as amended)

regulations.



Act No. 207/2000 Coll., on the protection of industrial designs and on the amendment of Act No.

527/1990 Coll., on inventions, industrial designs and rationalization

the proposals, as amended.



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. and Act No. 501/2004 Sb.



Law No. 441/2003 Coll. on trademarks and amending Act No. 6/2002

Coll., on courts, judges, lay judges and the State administration of courts and amending

some other laws (the law on the courts and Judges Act), as amended by

amended, (law on trade marks), as amended by Act No.

501/2004 Sb.



3) for example, Act No. 85/1996 Coll., on the legal profession, as amended

legislation, law No. 417/2004 Coll., on patent representatives and amending

law on measures for the protection of industrial property.



4) for example, Act No. 101/2000 Coll., on the protection of personal data and on amendments

certain acts, as amended.



5 for example, section 7 of the Act) No. 64/1986 Coll., on Czech commercial inspection

as amended.



6) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations.