358/2014 Sb.
The DECREE
of 22 March. December 2014
for the implementation of certain provisions of the law on the scope of Customs authorities
administration of the Czech Republic in connection with the enforcement of intellectual
the ownership of the
The Ministry of Finance shall determine pursuant to section 54 of Act No. 355/2014 Sb.
the scope of the authorities of the customs administration of the Czech Republic in connection with the
enforcement of intellectual property rights:
§ 1
The elements and model application for the adoption of measures on the national market
Request for action on the national market are
listed in the model, this application, which is set out in annex 1 to this
the Decree.
§ 2
The fact that allows the adoption of measures on the national market
(1) the facts enabling the adoption of measures on the national market are
data,
and) that relate to goods on the domestic market,
1. which is treated with the consent of the holder of the intellectual
ownership, or
2. that the applicant is in breach of intellectual property law,
and
(b)) that can reasonably be expected of their usefulness for the purposes of
adoption of measures on the national market.
(2) the enumeration of facts enabling the adoption of measures at national
the market is set out in the model of the application for the adoption of measures at national
the market.
§ 3
The fact that allows the adoption of measures on the national market above and beyond
a particular detention of goods
(1) the facts enabling the adoption of measures on the national market over the
the framework of a particular detention of the goods are
and the information referred to in section) 2 (2). 1 (a). and referred to in point 1) range on
all goods covered by an intellectual property right,
which measures should be enforced on the domestic market, and
(b)) the data according to § 2 (2). 1 (a). and concerning point 2) all goods,
on which it is to apply the measures on the national market and that it is not
the subject of a specific retention of goods, which was the reason of the request
on the adoption of measures on the national market.
(2) the enumeration of facts enabling the adoption of measures at national
the market beyond a particular detention of the goods is specified in the model request for
adoption of measures on the national market.
§ 4
The elements and model application for extension of the deadline for the adoption of measures to
national market
Request for an extension of the time limit by which the Customs authorities have the
Administration to take action on the domestic market, are listed in the model
This application, which is set out in annex 2 to this Decree.
§ 5
The elements and model application for the amendment of the decision of the national market
Requirements for an application for the amendment of the decision of the national market are
listed in the model, this application, which is set out in annex 3 to this
the Decree.
§ 6
The method and form of keeping the counterfeits
(1) the registration of counterfeits has
and writes about counterfeit) transferred to humanitarian purposes, on the implementation of
editing of counterfeits in the conditions agreed in respect of the transfer and of their
the use of modified counterfeits to the intended humanitarian purpose and
(b)) the documents, on the basis of the entries in the register were counterfeits
carried out.
(2) the records referred to in paragraph 1, leads acquiring organization
and on the prescribed form, or) on the print output from a computer
the printer that has the content and structure of the same with this form, or
b) electronically so that the content and structure of records matched
in the prescribed form.
(3) the model of a form referred to in paragraph 2 is given in annex 4 to this
the Decree.
section 7 of the
The effectiveness of the
This Decree shall take effect on 1 January 2005. January 2015.
Minister:
Ing. Babis in r.
Annex 1
Model application for the adoption of measures on the national market
Annex 2
Model application for extension of the deadline for the adoption of measures at national
market
Annex 3
Model application for the amendment of the decision of the national market
Annex 4
Model of form for the registration of counterfeits
