To Perform Some Of The Ust. The Law On The Scope Of Customs Authorities

Original Language Title: k provedení některých ust. zákona o působnosti orgánů Celní správy

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=83251&nr=358~2F2014~20Sb.&ft=txt

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