On The Protection Of Designations Of Origin And Of The Amendment Of The Act On Consumer Protection

Original Language Title: o ochraně označení původu a o změně zákona o ochraně spotřebitele

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51917&nr=452~2F2001~20Sb.&ft=txt

452/2001 Coll.



LAW



of 29 April 2004. November 2001



on the protection of designations of origin and geographical indications and on the amendment of the law on

consumer protection



Change: 131/2003 Coll.



Change: 501/2004 Sb.



Change: 221/2006 Sb.



Change: 375/2007 Sb.



Change: 256/2011 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



PROTECTION OF DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS



TITLE I OF THE



BASIC PROVISIONS



§ 1



The subject of the edit



(1) the Act regulates the conditions under which it can be obtained in the Czech Republic

protection of designations of origin or geographical indication for goods,

as well as the legal effects of such protection.



(2) the law also modifies the following on directly applicable provisions of

The European Union governing the protection of geographical indications and designations

the origin of the ^ 1)



and powers of the administrative authorities) to activities by directly

of the applicable legislation of the European Union Member State,



(b)) the national procedure applications for the registration of a designation of origin or

geographical indication products originating in the Czech Republic, where appropriate, in

geographical area, which is located partly on the territory of the Czech Republic

(hereinafter referred to as "cross-border geographical area"), to the extent directly

the applicable law of the European Union,



(c) the internal procedure for the changes) specification within the scope of

directly applicable European Union law,



(d)) national to change the registration of designation of origin wines to

geographical indication of wines in the scope of a directly applicable regulation

The European Union,



e) internal procedure for the submission of requests for cancellation of the registration mark

of origin or geographical indication to the extent directly applicable

the EU regulation.



§ 2



Definition of terms



For the purposes of this Act shall mean:



and designation of origin) name for the region, specific place or country (hereinafter referred to as

"the territory") used to indicate the goods originating from that territory,

If the quality or characteristics of the goods are exclusively or

mainly due to a particular geographical environment with its characteristic

natural and human factors, and the production, processing and preparation

such goods takes place within a defined territory; designations of origin for

agricultural products or foodstuffs are considered as the traditional geographical

or non-geographic indications for goods originating in a defined territory,

If it satisfies the other conditions for such goods under this provision;



(b)) a geographical indication the name of territory used to denote goods

originating from that territory, if this item has a certain quality,

reputation or other characteristics attributable to that geographical place

origin, and if the production or processing or preparation of such goods

takes place in a defined territory;



(c) any movable goods) that have been manufactured, mined or

otherwise obtained, regardless of the degree of processing and is intended to

the offer to the consumer; for the goods under this Act and shall be considered as

the service;



(d) the common name of the type of goods) indicate that happened for such

the common name of the goods, although it relates to the territory where the items were

originally manufactured or placed on the market.



§ 3



Designation of origin or geographical indication is registered in the register of designations

of origin and geographical indications (hereinafter referred to as "the register"), who leads the Office of the

industrial property (hereinafter referred to as "the authority").



§ 4



Exclusions from registration



(1) as a designation of origin or geographical indication may not be such as to

the index registered such marking, although the wording of the truth

indicates the territory from which the goods originate, nevertheless, eligible

invoke the mistaken presumption that the goods originate from another territory.



(2) if the applicant for registration of a designation of origin or geographical indication

to register for the wine this way ensured the use of such indications, the

that is not likely to invoke mistaken presumption regarding the true origin of the goods,

they can be while maintaining the principle of equal status of manufacturers on the market

registered in the register two or more designations of origin or geographical

tags that contain the same script or just sounding (homonymous)

the names of places.



(3) as a designation of origin or geographical indication may not be such as to

register the generic name of the type of goods, regardless of whether the

the goods originate from a defined territory.



(4) as a designation of origin or geographical indication cannot be for the same

the goods except as provided for in paragraph 2, the written designation identical to already

protected designation of origin geographical indication generally known

mark or a registered trade mark or a mark identical with the name of

of a plant variety or breed of animal that would result in this match

could lead to misleading presumptions about the true origin of the goods.



TITLE II



DESIGNATION OF ORIGIN



§ 5



Application for registration of a designation of origin



(1) for registration of the appellation of origin in the register may request at the Office

^ 1b) Association of manufacturers or processors (hereinafter referred to as "the Association") for goods

produced or processed or prepared in the territory and under the conditions

as defined in section 2 (a). a). Each natural or legal person may

for the registration of a designation of origin in the Register request, if at the time of

request as the only produces, processes and prepares goods in the territory, and for the

the conditions set out in paragraph 2 (a). and).



(2) if the applicant referred to in paragraph 1, the Association, which has no legal

personality, must to the proceedings under this Act, seize one of the

the participants of the Association.



(3) an applicant referred to in paragraph 1 in the application for registration of a designation of origin in the

Register (hereinafter referred to as "the application") shall be



and the wording of the designation of origin);



(b) the name, if applicable) business name and address or name, surname and place of

of residence of the applicant, or his representative;



(c)) the geographical demarcation of the territory in which the production, processing and

preparation of goods;



d) indication of the establishment which goods opatřované designation of origin, produced,

processes and prepares in the place, whose geographical name is part of the

designation of origin;



e) enumeration of goods of which the designation of origin concern;



(f) a description of the property or qualitative) character of the goods, which are given by

particular geographical environment.



(4) to the application, the applicant shall be accompanied by an extract from the register kept by an authority of the State

^ 2) competent management according to the territory in which the production, processing and

preparation of goods, if the applicant certifies that the establishment referred to in paragraph

3 (b). (d)) is located in the territory, or that the applicant has the goods according to the

paragraph 3 (b). f) makes or processes.



(5) in order to be a registered designation of origin for agricultural products or

foods that are intended for human consumption, and agricultural products

not intended for human consumption lays down lists of which the Ministry of

Agriculture regulations, (hereinafter referred to as "agricultural products and foodstuffs"),

the application must be accompanied by the specifications referred to in paragraph 6, which provides for the

characteristics and define peculiarities of the geographical environment.



(6) if it satisfies the other manufacturer, processor, where appropriate, the conditions laid down

by law for the registration of a designation of origin in the register and the conditions for membership in the

the Association, which must not be discriminatory and must not be in conflict with

legally binding competition rules, has the right to adoption

Member of the Association. The Association is obliged to issue a certificate at the request of the members of the

membership.



(7) an applicant for the registration of a designation of origin in the register, which does not have a place

permanent residence or registered office in the Czech Republic and has the designation of origin

protected by the law in force in the country of origin of the goods, can replace the document

required under paragraph 4 of the certificate on the protection of designations of origin referred to in

the law in force in that State.



§ 6



Specifications



The specification must include



and the name of the agricultural product) or foodstuffs, including the wording of the indication

of origin;



(b) a description of the agricultural product) or food, including raw materials, if any,

and a description of basic physical, chemical, microbiological or

organoleptic characteristics of the agricultural product or the foodstuff;



(c) the geographical definition of the territory), where appropriate, details indicating compliance with

the request referred to in paragraph 2 (a). and sentence with a semicolon;)



(d)) that an agricultural data to show the product or the foodstuff originates from

the assigned area;



(e)) how to obtain agricultural product or foodstuff and, if

description of the authentic and unvarying local methods of acquiring knowledge;



(f) the details bearing out the link) between quality, characteristics or characters

an agricultural product or foodstuff and the geographical origin within the meaning of section 2 of the

(a). and).



§ 7



Proceedings on the application



(1) the Office shall examine whether the designation of origin mentioned in the application meets the

the conditions for entry in the register, and whether the application has requirements referred to in § 5.



(2) where the application does not have any of the requirements referred to in section 5, the Office shall invite

the applicant to supplement, set a reasonable term to do that

shall be not less than two months, and warns him that otherwise control

stops.



(3) if the designation of origin excluded from registration pursuant to section 4 or

does not satisfy the conditions for registration of designation of origin established by this Act,

The Office shall reject the application.




(4) if the application for registration of a designation of origin in the register needed

and if the request is not refused under paragraph 3, the Office designation

of origin recorded in the register and the registration by the Office shall be notified in the Gazette

(hereinafter referred to as "the Gazette"). Of registration shall issue the applicant a certificate.



(5) in order to be entered in the register of designations of origin for agricultural

product or foodstuff, the authority may, where justified, the applicant

challenge to findings of the supervisory authority showed that agricultural product

or the food complies with the conditions laid down pursuant to section 6 of the specification. To

presentation of the findings of the supervisory authority, the authority shall lay down an appropriate applicant

deadline and warns him that if the findings of the supervisory authority in this

the time limit of the Office, the procedure is stopped.



TITLE III



REGISTRATION OF A DESIGNATION OF ORIGIN



§ 8



Effects of registration of the appellation of origin in the register



(1) the protection of designations of origin arises on the date of entry in the register. Time

the protection of a designation of origin is not limited in time.



(2) the registered designation of origin is entitled to use, in particular, the placing on the

goods to which the appellation of origin applies, any person who manufactures, processes, and

preparing the goods quality or characteristics defined

territory; in the case of the agricultural products or foodstuffs listed in the Decree

pursuant to section 26 is a condition of use of the appellation of origin on this item that

comes from a defined territory, also comply with the specifications set out by the

§ 6.



(3) on the registered designation of origin cannot provide a license.



(4) Registered designations of origin must be provided as collateral.



§ 9



Write the changes to the specification



The applicant for registration of the appellation of origin may request a change to the Office

specification, in particular to take account of developments in the field of scientific and

technical knowledge or because of the new definition of the territory.



§ 10



Check specifications



(1) the Authority, which must review the specification under this Act,

is in the range of its responsibilities, the State agricultural and food inspection,

The State Veterinary Administration or Central control and testing Institute

agricultural ^ 3).



(2) the supervisory authority referred to in paragraph 1 shall be issued binding findings or opinions

or of the certificates essential for registration of designation of origin in the register. To

application for amendment of a specification of an agricultural product or foodstuff, to the

the application for cancellation of the registration of designations of origin of the agricultural product or

food (§ 11), where applicable, to the application for registration of a designation of origin

an agricultural product or a foodstuff in the register the applicant, if applicable

the applicant shall submit the findings of the supervisory authority.



(3) each may request inspection body referred to in paragraph 1 for the issue of

binding of the award or judgement or of the certificates that are important for the application of the

or defend his rights. The control authority is obliged to the award or

opinion of the Court or of the certificates issued without undue delay.



(4) if the supervisory authority in the implementation of control activities

shortcomings, is entitled to require their deletion, and save, or

to propose measures for their removal, including monitoring the implementation of the measures

to correct the shortcomings noted.



(5) the results of the checks carried out by the external control authority, will be

in proceedings before the Office are taken into account on the basis of an international agreement or

on the basis of reciprocity. The President of the Office may, in a particular case,

decide that the award of a foreign supervisory authority will be taken into account

and failure to comply with the conditions in the first sentence.



§ 11



Cancellation of the registration of designations of origin



(1) the Office shall cancel the registration of the designation of origin if it finds, on the basis of the proposal

the person concerned or of the competent supervisory authority or on its own

at the initiative of the



a) appellations of origin was registered without complies with the conditions laid down

This Act; in this case, the labelling of the origin of the visor, as if

not be registered;



(b)) the conditions laid down for registration of designations of origin fell away;



(c)) the product for which the designation of origin entered, in accordance with the award

the competent surveillance authority does not meet the requirements laid down

specifications on an agricultural product or a foodstuff and the following requirements

have not been fulfilled or subsequently within the time set by the control authority.



(2) the registration of appellations of origin in the case referred to in paragraph 1. c) cannot be

Cancel, if it occurs on the market goods that meet the conditions

established by this Act.



(3) the decision of the reasons mentioned in paragraph 1 (b). (b)), or (c)) shall

The Office of the date on which the registration of the designation of origin shall be deleted.



(4) cancellation of the registration of the appellation of origin in the register of the authority and shall, in

Journal.



TITLE IV



GEOGRAPHICAL INDICATIONS



§ 12



Geographical indication



For the requirements for an application for the registration of a geographical indication in the register for

proceedings on the application for the registration of a geographical indication, for writing changes

relating to a registered geographical indication, for content and control

specification of an agricultural product or foodstuff, to the effects of registration

changes to the registration of a geographical indication a geographical indication and its cancellation

shall apply mutatis mutandis the provisions concerning designations of origin.



TITLE V OF THE



THE PROVISIONS ON THE MANAGEMENT OF



section 13 of the



the title launched



(1) unless otherwise provided by this Act, shall apply to proceedings under this

the Administrative Code Act, with the exception of the provisions on the verification of full powers for the

an indefinite number of proceedings, ^ 4) about the possibility of several common options

agents, ^ 4a) and to the provisions on the specific characteristics of the procedure for decomposition

the provisions on the composition of the Appellate Committee, and about how their

control of decomposition. ^ 4b)



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

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



§ 14



Persons who do not in the territory of the United States permanent residence or registered office,

must be in the proceedings on the application for registration of a designation of origin, or

geographical indication represented by a solicitor or patent agent

under special legislation. ^ 5)



§ 15



Index and Journal



(1) the register is public and everyone has the right to inspect it.



(2) in the register of the Office writes data on these governing designations of origin and

geographical indication:



and) the registration number of the designation of origin or geographical indication and the date

registration in the register;



(b)) the wording of the designation of origin, where appropriate, the text of the geographical indication;



(c)) date of filing application for registration of a designation of origin or geographical

the designation;



(d)) the geographical demarcation of the territory where manufacturing takes place or the processing of

or preparation of goods;



(e) the name, if applicable) business name and address or name, surname and place of

of residence of the applicant, or his representative;



f) address establishment which goods opatřované designation of origin,

where applicable, the geographical indication is manufactured or processed or prepared

in the place, whose geographical name constitutes the designation of origin or geographical

the designation;



g) goods to which the designation of origin or a geographical indication of refers to,

including the definition of the quality and character of the characteristic for the item, and if the

agricultural product or foodstuff goods referred to in the notice under section

26, its specification, including its possible modification;



h) cancellation of the registration of designations of origin or geographical indication.



(3) can be written in the register as well as other information relevant to the designation of origin and

for the geographical indication.



(4) in the Office announces the registration of the designation of origin, or

the geographical indication in the register, its cancellation and other important

the fact that the designation of origin or geographical indication

concern.



(5) on request, after completion of the validation of the data submitted to the register

write the changes that occurred after the registration of the designation of origin, or

a geographical indication.



(6) at the request of the authority shall give an extract from the register of everyone who so requests.

Extract from the register contains information valid at the date of issuance of the statement of

the register.



TITLE VI OF THE



RELATIONS WITH FOREIGN COUNTRIES



section 16 of the



(1) persons who have a permanent residence or registered office in the Czech Republic, the

apply for the international registration of appellations of origin under the international

^ Treaty 6) through the Office.



(2) the applicant for the international registration of appellations of origin is obliged for the actions of

referred to in paragraph 1 shall also pay the fees provided for under the international

of the Treaty; the amount of the fees provided for in an international agreement, the authority shall notify the

Journal.



§ 17



(1) the international registration of appellations of origin with the request for protection in the United

Republic has the same effect as the registration of a designation of origin in the register

maintained by the Office.



(2) If an internationally registered appellation of origin was rejected

protection for the territory of the Czech Republic, staring back at them as if in the Czech

the Republic could not be written.



TITLE VII



CONSULTATION AND REFERRAL OF REQUESTS FOR THE REGISTRATION OF DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL

MARKING ACCORDING TO THE DIRECTLY APPLICABLE EUROPEAN UNION LEGISLATION



section 18



the title launched



The authorities of the Czech Republic, which perform tasks by directly applicable

Regulation of the European Union, the authority and the Ministry of agriculture, with

excluding the activities carried out by the inspection authorities specified in § 10

paragraph. 1.



Application for the registration of designations of origin and geographical indication



§ 19



the title launched




(1) an application for registration of a designation of origin or geographical indications (hereinafter referred to as

"designation") in accordance with European Union legislation directly applicable (hereinafter referred to as

"the application for registration of a community") concerning the product originating in the United

Republic, or in cross-border geographical area, and this designation

in the Czech Republic is used in connection with this product, is served

The Office.



(2) the application for registration of a community must be accompanied by the documentation required by the

directly applicable European Union law and binding findings of the inspection

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.



(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 contain

a name that has become generic, the name of a plant variety or breed of animal, or

a homonymous name. To do this, set a time limit which shall be not less than 10

days. If the Department of agriculture does not respond within the specified period, the

It is considered that the request does not have a comment.



(5) If the application for registration relates a name designating the community

the geographical area that extends also in another Member State

The European Union, to natural or legal persons established or physical

persons residing in the territory of that State in proceedings before the Office the same

rights as the natural or legal persons established or natural persons with

resident in the territory of the Czech Republic.



section 20



the title launched



Application for registration of a community that has the elements and that are attached to it

papers by directly applicable European Union legislation and this Act

and if the indications therein is not excluded from registration by directly

the applicable regulation, the Office shall



and setting forth its Basic) information required directly applicable

Community law on the application in the Gazette and with the announcement that

any natural or legal person established or natural person

resident in the territory of the Czech Republic with a legitimate interest may raise the

The Office against the application for registration of a community objection, and



b) lays out for 3 months for public consultation.



Objections



section 21



(1) the opposition shall be filed in writing within 3 months of the date of publication of the

applications for community registration in the Gazette pursuant to section 20. The objection must

include the reasons and must be marked with the evidence that the mark whose

registration is required, does not meet the conditions laid down by directly applicable

the EU regulation for entry in the register maintained by the European

the Commission (hereinafter referred to as "the Commission"). The Office shall inform about lodged objections

The Ministry of agriculture.



(2) if the objecting can demonstrate that it is a person who has a legitimate interest,

The Office of the opposition rejects the decision.



(3) objections are Submitted in accordance with paragraph 1, shall submit to the Office of

within 15 days from the date of their receipt, or from legal

decision on their admissibility to the applicant for representation 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

the case that 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 Office in contradiction

the case that the objections relate to the facts set out in § 19 para. 4,

will ask the Ministry of agriculture to express objections to the merits test. 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's the deadline for expression in vain shall expire. If the Ministry of agriculture in

the specified period does it is considered that a request does not

the comments.



(5) in the case that the objections relate to the specifications of the product, such as

connection between the product and the geographical environment in which the product

the origin, the Authority's supervisory authority to issue a binding Award for the purposes of

referral of requests for 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 on which the authority shall forward the complete file of the application for community

write.



(7) if the opposition brought against the application for registration of a community are

According to European Union legislation directly applicable reasonable request, the Office shall

the Community shall refuse registration and for further proceedings shall not refer it to the Commission.



section 22



A decision to refer a request for community registration office serves

a public decree ^ 7). On the day after the posting on the official notice board of the authority shall

the decision be deemed received. Against this decision may be lodged

decomposition.



§ 22a



Amendment to specification



(1) an application for amendment of a specification of the product originating in the Czech Republic,

or cross-border geographical area, is served by the Office.



(2) the amendment of a specification lays out for 3 months the public

public inspection and a request for amendment of a specification shall publish in the Journal with

the announcement that objected to the change specification can the objecting in

period of 3 months from the date of this publication. The objection shall contain the grounds

and must be marked with the evidence that the modified specification does not meet the

conditions laid down in the EU regulation directly applicable for writing

in the register kept by the Commission.



(3) If the objecting can demonstrate that it is a person who has a legitimate interest,

The Office of the opposition rejects the decision.



(4) given the 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 legal

the decision on the admissibility of the opposition to the holder of a Community labelling to

observations at the same time it prompts to peaceful negotiations with the namítajícím

remove the contradiction. To do so, the authority shall set a reasonable time-limit, which shall not

be less than 15 days. In the case that between the applicant and the person who applied the

the objection was a contradiction is removed, it is considered that the objection was withdrawn.



(5) if the Act referred to in paragraph 4, delete the Office of contradiction

opposition on the basis of a binding award of the supervisory authority of the

compliance with the conditions for the amendment of a specification laid down by the directly applicable

Regulation of the European Union, which it shall issue within 2 months from the date on which he

The authority shall forward the complete file applications for amendment of a specification.



(6) if the opposition brought against the application for amendment of a specification are

According to European Union legislation directly applicable reasonable request, the Office shall

Amendment of a specification be rejected and for further proceedings the Commission has referred it.



(7) the decision to refer the request to change the specification of the Office serves

a public decree ^ 7). On the day after the posting on the official notice board of the authority shall

the decision be deemed received. Against this decision may be lodged

decomposition. The deadline for submission of the decomposition starts on the day of publication of the decision.



section 22b



Request for cancellation of the registration mark



(1) an application for cancellation of the registration of the designation of a product originating in the United

Republic, or in cross-border geographical area, is served by the Office.



(2) the request under paragraph 1 shall publish in the Gazette stating that the

objections against the request for cancellation of the registration of a community may raise each,

who can establish a legitimate interest, within a period of 3 months from the date of publication of the

request. The objection shall contain the grounds and must be supported by

the evidence, which shows that the registered mark meets the conditions laid down

directly applicable EU regulation for entry in the register

maintained by the Commission.



(3) If the objecting can demonstrate that it is a person who has a legitimate interest,

The Office of the opposition rejects the decision.



(4) the request for cancellation of the registration of a community, including oppositions,

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 to the holder of a Community designation to represent and

at the same time it prompts to peaceful negotiations with the applicant for revocation

community writing and with the namítajícím removed the contradiction. To do this, the Office

fix an appropriate time-limit, which shall not be less than 15 days. In the case of

that between the applicant, the holder of a Community mark and the domestic,

who applied the claim, it was the contradiction is removed, it is considered that the application was

withdrawn.



(5) if the Act referred to in paragraph 4 and the reason for the delete conflict

the cancellation of the registration of the community lies in the product specification, for example,

connection between the product and the geographical environment in which the product

the origin, the Authority's supervisory authority to issue binding findings of compliance with

conditions laid down by the directly applicable European Union 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 the authority shall forward the complete file the application for revocation of a community

the registration.



(7) if the mark does not satisfy the conditions laid down by directly applicable

the EU regulation, the Office shall forward the request for revocation of a community

write to the Commission for further proceedings. Otherwise, the request will be rejected.



(8) the decision to refer the request for cancellation of the registration of a Community Office


delivers a public decree ^ 7). On the day after the posting on the official notice board of the authority shall

the decision be deemed received. Against this decision may be lodged

decomposition.



section 22 c



Objections against the request for registration of a community, its cancellation or change

specification of indications coming from another State



If objections to the application for registration of the community, to the application of its

cancellation or against the specification for the designation change requests originate from

another State and to be applied in the procedure before the Commission through

The Office serves the Office not later than 1 month before the expiry of the deadline ^ 8)

a directly applicable regulation set by the European Union.



TITLE VIII



RIGHT FROM THE REGISTRATION OF DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATION



Article 23 of the



(1) the registered names shall be protected against



and) any direct or indirect commercial use of a name registered in

the goods covered by the registration does not apply if the goods are comparable

with the goods registered under that name or if the use of this

name exploits the reputation of the protected name;



b) any misuse, imitation or reminder, even if it is

the actual origin of the product is indicated or if the protected name is translated or

accompanied by expressions such as "kind", "type", "method", "on the way"

' imitation ' or similar;



c) any other false or misleading indication as to the geographical origin,

nature or essential characteristics of the goods referred to in the internal or

the outer packaging, advertising material or documents relating to the

of the goods concerned as well as against the use of the transport packaging of the eligible

a false impression as to its origin;



d) everything else conduct which could lead to misleading presumptions about

the true origin of the goods.



(2) a registered mark may become the generic designation of the goods; If

custom written designation also includes the name of the item, which is considered

generic, is not the use of that generic name on the appropriate item

a violation of paragraph 1 (b). a) or (b)).



section 24



A threat to or violation of rights



Everyone can claim before the competent court, to prohibit the use

a registered appellation for goods which do not fulfil the conditions for

the use of the designation of origin or geographical indications, and that goods marked with

the way in which has been compromised or infringement of the rights of registered

designation of origin or geographical indication, it was withdrawn from the market.



TITLE IX OF THE



TRANSITIONAL PROVISIONS, ENABLING AND CANCELLATION



§ 25



Transitional provisions



(1) the provisions of this law shall apply, if an international agreement,

the Czech Republic is bound and which was promulgated in the collection of

in the collection of laws or international treaties, does not provide for something else.



(2) products that have been before the date of entry into force of this Act

granted the protection of designations of origin under the previous regulations, shall enjoy

the protection of a designation of origin under this Act.



(3) the management of applications for registration of designations of origin of products, which ended

before the date of entry into force of this law shall be completed in accordance with this

of the Act that the applicant is obliged to challenge the authority in his

the prescribed time limit to state your application into conformity with the requirements of that

puts this Act on the application for registration of a designation of origin in the register.



(4) the relationships of the designations of origin of products registered in the register before the date

entry into force of this Act shall be governed by the provisions of this Act.

The emergence of these relationships, as well as claims arising from them before the acquisition

the effectiveness of this law shall be assessed in accordance with the regulations in force at the time of

their creation.



section 26



Powers of execution



The Ministry of agriculture Decree shall lay down the lists of agricultural products

and food, for which application for registration of a designation of origin in the register shall

be supported by the specifications.



section 27 of the



Regulation (EEC)



Shall be deleted:



1. Law No. 159/1973 Coll., on the protection of designations of origin of products.



2. Decree No. 160/1973 SB., in cases concerning appellations of origin

products.



PART TWO



Amendment of the Act on consumer protection



section 28



Act No. 634/1992 Coll. on consumer protection, as amended by Act No.

217/1993 Coll., Act No. 40/1995 Coll., Act No. 103/1995 Coll., Act No.

110/1997 Coll., Act No. 359/1999 Coll., Act No. 64/2000 Coll., Act No.

145/2000 Coll., Act No. 258/2000 Coll. and Act No. 102/2001, is amended

as follows:



In section 2 (2). 1 (b). r) at the end of paragraph 3 is replaced by a comma and dot

the following point 4, which including footnote No. 4f):



"4. the product or goods infringing one witness protection

the registered designation of origin or geographical indication. ^ 4f)



4F) Act No. 452/2001 Coll., on the protection of designations of origin and geographical

Description and amending law of consumer protection. ".



PART THREE



The EFFECTIVENESS of the



section 29



This Act shall take effect on 1 January 2000. April 2002, with the exception of the provisions

section 18 to 22, which shall take effect on the date of the accession treaty

The Czech Republic into the European Union enters into force.



Klaus r.



Havel, v. r.



Zeman in r.



1) Council Regulation (EC) No 510/2006 of 20 February 2006 March 2006 on the protection of

geographical indications and designations of origin for agricultural products and

food.



European Parliament and Council Regulation (EC) No 110/2008 of 15 July. January

2008 on the definition, description, presentation, labelling and the protection of

of geographical indications of spirit drinks and repealing Council Regulation (EEC) No.

1576/89.



Council Regulation (EC) no 491/2009 of 25 June. May 2009 amending

Regulation (EC) No 1234/2007 establishing a common organisation of

agricultural markets and on specific provisions for certain agricultural products

("single CMO Regulation").



Commission Regulation (EC) no 607/2009 of 14 May. July 2009 laying

lays down certain detailed rules for implementing Council Regulation (EC) no 479/2008

in respect of protected designations of origin and geographical indications, traditional

terms, labelling and presentation of certain wine sector products.



for example, 1B) section 69 of Act No. 455/1991 Coll., on trades

(Trade Act), as subsequently amended, Act No. 83/1990

Coll. on Association of citizens, as amended, section 20f and

the following section 829 and following of Act No. 40/1964 Coll., the civil

code, as amended.



2) for example, section 60 of Act No. 455/1991 Coll., section 12 c of Act No. 106/1990 Coll.

for the private business of citizens, as amended, law No.

63/1986 Coll., on Czech agricultural and food inspection, as amended by

amended.



3) Law No 146/2002 Coll., on the State agricultural and food inspection

and amending certain related laws, as amended.



Act No. 167/1999 Coll., on health care and on amendments to certain

related laws (health law), as amended.



Law No. 147/2002 Coll., on the central control and testing Institute

Agriculture and amending certain related laws (the law on the Central

inspection and test Institute of agriculture), as amended

regulations.



4) § 33 para. 2 (a). (c)) of the administrative code.



4A) § 35 para. 3 of the administrative code.



4B) § 152 paragraph 1. 3 and 5 of the code of administrative procedure.



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

regulations.



5) Act No. 85/1996 Coll., on the legal profession, as amended.



Act No. 237/1991 Coll., on patent agents, as amended

regulations.



6) Lisbon Agreement for the protection of appellations of origin and their international

the minutes of the March 31. October 1958, revised at Stockholm on 14 July. July

1967, published under no. 67/1975 Coll., as amended by Decree No. 80/1985 Coll.



7) section 25 of Act No. 500/2004 Coll., the administrative code.



8) Article. 7 (2). 1 Council Regulation (EC) No 510/2006 of 20 February 2006 March 2006

on the protection of geographical indications and designations of origin for agricultural products

and food.



Article. 118h Council Regulation (EC) no 491/2009 of 25 June. in May 2009, which

amending Regulation (EC) No 1234/2007 establishing a common

organisation of agricultural markets and on specific provisions for certain

agricultural products ("single CMO Regulation").



Article. Article 17(1). 7 of Council Regulation (EC) No 110/2008 of 15 July. January 2008 on

definition, description, presentation, labelling and protection of geographical

designations for spirit drinks and repealing Council Regulation (EEC) No 1576/89.