116/2000 Sb.
LAW
of 6 May 1999. April 2000,
amending some laws on the protection of industrial property
Change: 173/2002 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the law on inventions, industrial designs and rationalization proposals
Article. (I)
Act No. 527/1990 Coll., on inventions, industrial designs and
rationalization proposals, as amended by Act No. 519/1991 Coll., is amended as follows:
1. in section 3, paragraph 2 reads as follows:
"(2) in particular are not regarded as inventions
a) discoveries, scientific theories and mathematical methods;
b) aesthetic creations;
(c)) plans, rules and methods of the exercise of intellectual activities, playing games
or the exercise of a commercial activity, as well as computer programs;
(d) the reporting of information. ").
2. In paragraph 3, the following paragraphs 3 and 4 are added:
"(3) the patentability of items or activities referred to in paragraph 2 is
excluded, provided that the application for an invention or patent related
only these items or activities.
(4) the Ways of surgical or therapeutic treatment of the human or
animal body and diagnostic methods practised on the human or animal
the body is not considered to be capable of industrial application of inventions referred to in paragraph
1. This provision shall not apply to products, in particular substances or mixtures
intended for use in these methods of treatment and when these
diagnostic methods. ".
3. in paragraph 4 of the letter a) is added:
"and for inventions whose) use would be reluctant to public order or
good morals; It cannot be inferred merely from the fact that the use of the invention is
forbidden by law; ".
4. in paragraph 4 (b)) shall be deleted.
Subparagraph (c)) shall become point (b)).
5. in paragraph 4 (b)):
"(b)) on plant varieties and animal breeds or essentially biological processes for the
the production of plants or animals; This provision does not apply to
Microbiological methods and products in the following ways; ".
6. § 5 paragraph 2 reads as follows:
"(2) the State of the art is all to what it was before the date from which it is for the
the applicant the right of priority (section 27), to have access to the public
in writing, orally, or by other means. ".
7. in § 5 para. 3, the second sentence is replaced by the following:
"This also applies To international applications inventions with an earlier law
the priority date, in which the Office is the designated Office ^ 1a) and the European patent
of the application (section 35a) with an earlier right of priority for which is validly
designated by the State of the Czech Republic. ".
8. Footnote 1a) is inserted:
"1a) Article. 2 point (xiii) Patent Cooperation Treaty published in
communication from the Federal Ministry of Foreign Affairs No. 296/1991 Coll., on the
Patent Cooperation Treaty and the implementing regulation. ".
9. in section 5, paragraph 3, the following paragraph 4 is added:
"(4) the provisions of paragraphs 1 to 3 shall not exclude the patentability of use
the substance or mixture in the ways referred to in § 3 (1). 4 if its
use in these ways is not part of the State of the art. ".
The current paragraph 4 shall become paragraph 5.
10. section 7, including the title reads as follows:
"section 7 of the
The industrial application
An invention shall be considered industrially usable, if its subject matter may be
manufactured or otherwise used in industry, agriculture or other
areas of the economy. "
11. In article 11 (1) 4, the words "or Slovak" are deleted.
12. section 12 reads as follows:
"section 12
(1) the scope of protection conferred by a patent or application for a patent is
defined in the wording of patent claims. On the interpretation of patent claims,
It's also the description and drawings.
(2) for the period up to the grant of a patent is the scope of the protection resulting from
application for a patent is defined by the text of the patent claims contained in the
application published pursuant to section 31. The patent was granted or as amended in the
of the revocation pursuant to § 23, however, retroactively determines the extent of protection
arising from the patent application, provided that this is not the protection extended. ".
13. section 13 including title and footnote 1b) is added:
"section 13
Prohibition of direct use of the
No person shall, without the consent of the patent owner
and) making, offering, the placing on the market or using a product which is
the subject of the patent, or for the purpose of importing the product or store, or
with him in any other way dispose of;
(b)) to use the method that is the subject of a patent, where appropriate, to offer this
How to use;
(c)) offer, the placing on the market, use or import for this purpose or
store the product directly obtained by the way that is the subject of a patent;
identical products are considered to be obtained in a manner that is
the subject of the patent, if it is overwhelmingly likely that the product has been made
in a way, which is the subject of the patent, and the patent owner is over
reasonable efforts could not determine the production method used, indeed, until
It is proven otherwise. The taking of evidence to the contrary it is necessary to conserve the rights of
arising from the protection of trade secrets. ^ 1b)
1B) of section 124 of the civil procedure. ".
14. in article 13, the following new section 13a and 13b, which including the following titles:
"§ 13a
Prohibition of indirect use of the
(1) No person shall, without the consent of the patent owner to supply and/or delivery
offer to a person other than the person entitled to exploit the patented
invention, the resources of a substantial element of the invention and
in this regard, to its implementation, if it is due to the
Obviously, the circumstances that such means are suitable for the implementation of
patented invention and are intended for him.
(2) paragraph 1 shall not apply where these resources are commonly
occurring on the market, unless the third party has affected customer, in order to
committed the Act prohibited section 13.
(3) the persons carrying out the activities referred to in section 18 (a). (c) to (e)))
not considered to be persons entitled to exploit the invention within the meaning of paragraph 1.
§ 13b
Exhaustion of rights
The patent owner has the right to prohibit third parties from disposing of the product,
that is the subject of the protected invention, if this product has been
placed on the market in the Czech Republic, the owner of the patent or with his
consent, unless there were reasons for the extension of the patent rights on the
those activities. ".
15. in section 18 para. 1 (b). a) after the words "are members of the", the words
"international conventions" shall be replaced by the words, including footnotes
# 3) are added:
"Paris Convention for the protection of industrial property (hereinafter referred to as
"Paris Convention") ^ 3)
3) Paris Convention for the protection of industrial property of 20 March.
March 1883 as revised in Brussels on 14 May. in December 1900, in Washington, d.c.
on 2 February 2005. June 1911, at the Hague on 6. November 1925, at London on 2.
June 1934, in Lisbon on 31. October 1958 and at Stockholm on 14 July.
July 1967, published under no. 64/1975 Coll. ".
16. in article 18, paragraph 2 shall be deleted and paragraph 1 shall be abolished.
17. in section 18 at the end of the dot is replaced by a semicolon and the following letters
c) to (e)), which read as follows:
"(c)) when an individual preparation of the drug at the pharmacy based on medical
prescription drug-including waste prepared as follows;
(d)) in the activities carried out for non-commercial purposes;
(e)) in the activities carried out by the subject matter of the invention for experimental
purposes. ".
18. the footnote # 4):
"4) Act No. 368/1992 Coll., on administrative fees, as amended
regulations. ".
19. section 20 including the title reads as follows:
"section 20
Compulsory licence
(1) if the proprietor of the patent not used gratuitously invention at all or it
uses the underpaid and did not accept the tender within a reasonable time on the
the conclusion of the license agreement, the Office may, on a reasoned request
grant a non-exclusive right to use the invention (compulsory licence); This
compulsory licence cannot be granted before the expiration of four years from the filing of the application
the invention, or 3 years from the grant of the patent, whichever period which
the later.
(2) a compulsory license may also be granted if there are reasons
threats to vital public interest.
(3) the decision to grant a compulsory licence authority with regard to the
circumstances of the case lays down the conditions, scope and duration of the compulsory
the license. A compulsory licence may be granted for the supply to the domestic market.
(4) a compulsory licence may not be transferred otherwise than in the context of the transfer of an undertaking
or part thereof in which the entrepreneur the invention under a compulsory licence
uses (hereinafter referred to as ' the holder of a compulsory licence ").
(5) the holder of a compulsory licence may, during the period of its duration to give up
the right to exploit the invention by filing made at the Office; the date of receipt of this
administration of the effectiveness of the decision to grant a compulsory licence shall cease to exist.
(6) at the request of the patent owner, which demonstrate that the conditions have changed
for the grant of a compulsory license, without it being possible to expect their
reassembly of the change, or that the holder of a compulsory licence for a period of one
the year does, or does not comply with the conditions laid down when issuing the compulsory
license, the authority of a compulsory licence shall revoke or amend the terms, scope or
the duration of the compulsory licence.
(7) the Grant of a compulsory licence shall not prejudice the right of the proprietor of the patent to
payment of the price of the license. If the price of the licence is not agreed upon by the participating
the parties, at the request of the Court it shall determine, taking into account the importance of the invention and
the usual prices of licenses in a given field of technology.
(8) a compulsory licence shall be entered in the patent register (section 69). ".
20. in paragraph 21 of the present text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) for maintaining the patent in force, the owner is required to pay
each year, the administrative charges under special legislation. ^ 4)
(3) the rights of third parties, which, after a lapse of time to pay
the fee for maintaining the patent in force in good faith began with
the use of the subject matter of the invention or made serious to such use and
use the subject matter of the invention of effective training, not by paying this
the fee in the next period of time. ".
21. in article 23 paragraph 1 reads:
"(1) the Office shall cancel the patent if it transpires,
and that the invention did not meet conditions) patentability;
(b)) that the invention described in the patent is not so clearly and completely, in order to
the practitioner should take place;
(c) the subject-matter of the patent goes beyond) that the content of the initial filing of the application
the invention, or that the subjects of the patents granted on the basis of the distribution of
applications extend beyond the content of the original submission, or if the range was
the protection conferred by a patent is extended;
(d)) that the patentee is not entitled to it under section 8; the cancellation of this
If the Office performs at the suggestion of an authorized person (§ 29). ".
22. in paragraph 23 of the at the end of paragraph 2 the following sentence:
"Partial cancellation is done by changing its patent claims, description or
drawings. ".
23. In article 24, paragraph 2, the following paragraphs 3 and 4, including
footnote No. 4a) are added:
"(3) is the place in which the European patent application may be filed
under the Convention on the grant of European patents done at Munich on 5 July 2004.
October 1973 (hereinafter referred to as the "European Patent Convention"); This does not apply for
split the European patent application.
(4) if the European patent application or international application
the facts classified under a special legal regulation, ^ 4a) is
the applicant shall submit to the Office, and at the same time accompanied by the consent of the
The National Security Bureau to submit such an application.
4A) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended. ".
The former paragraph 3 shall become paragraph 5.
24. in section 26 paragraph 1 reads:
"(1) an application for an invention may relate to only one invention or
a group of inventions so related to each other, forming a single General
the idea of the inventive step. If it is in one of the application required the protection of the
a group of inventions is the requirement of unity of invention is lacking, if
between these inventions there is a technical relationship that covers a single
or more of the same or corresponding special technical features.
Special technical characters means such technical characters that
determine the contribution of each of the inventions, considered as a whole, to the State
techniques. ".
25. In section 27, the following paragraph 3, including the footnotes.
4B):
"(3) the right of priority referred to in paragraph 2 may be applied, if the application is
the invention is brought in the State or a State which is a Contracting Party to
^ 3) of the Paris Convention or which is a member of the world trade
Organization; ^ 4b) if the State in which the first filing of the application is made
the invention, is not a party to the Paris Convention or a member of a ^ 3) World
Trade Organization, ^ 4b) can be the priority of this Administration to admit
only under the condition of reciprocity.
4B) the agreement establishing the World Trade Organization (WTO), published under the
No 191/1995 Coll. ".
26. in paragraph 35, the following new section 35a to 35 g, which including the head
third, the headings and footnotes # 4 c) shall be added:
"THE HEAD OF THE THIRD
THE EUROPEAN PATENT APPLICATION AND EUROPEAN PATENT
section 35a
(1) the European patent application with the effects for the Czech Republic (hereinafter referred to
"European patent application"), which was granted a filing date,
in the Czech Republic has the same effects as an application for an invention made pursuant to
section 24 on the same date. Shall enjoy the right to a European patent application
the priority of an earlier date than the date of filing of the European patent
the application applies to the granting of the application that the earlier date effects.
(2) if the European patent application is withdrawn or if the
deemed to be withdrawn, it has effects as the termination of the proceeding concerning
the application of the invention pursuant to § 64 para. 2. where the European patent
application is rejected, this has the same effect as a refusal of the application
the invention pursuant to § 34 paragraph 1. 1.
(3) restoration of rights of the European Patent Office to the applicant of the European
the owner of a patent application or a European patent having effect in
The Czech Republic (hereinafter referred to as the "European patent") is also valid in the United
Republic.
(4) if the European patent application was the European patent
the Office published, its by the applicant, the translation of patent
claims in the Czech language and paid the administrative fee for making
According to a special legal regulation, ^ 4) the authority shall make the translation
to the public and shall notify in the Gazette. The applicant may
After this disclosure to claim reasonable compensation in accordance with § 11 para. 3,
If you have a patent granted European Patent Office effects in the United
Republic (§ 35 c).
(5) for the interpretation of the scope of protection under the European patent
the application is determined the content of European patent applications revised
the text of a European patent in the language in which the European patent
the Office of the European patent application covered the period of the proceedings; where it is clear from the
European patent protection wider than in the published European patent
the application is the protection provided by the only to the extent that shows how
in the published European patent application and granted by the European
the patent. If the translation of the patent claims referred to in paragraph 4
does not match the text in the language of the proceedings, the protection of the European
patent application apply only to the extent that it is obvious from her
translation into Czech language.
(6) if the applicant shall submit to the Bureau a corrected translation of claims
in the Czech language, the corrected translation of pay instead of the original
translation from the date a notice of disclosure in the Gazette; for this
disclosure is required to pay the administrative fee by the applicant under
special legislation. ^ 4) the rights of third persons in good faith
use or made serious and effective preparations for the use of the subject
the European patent application, which, according to the translation submitted by the
the applicant has the scope, use the subject of the European
patent applications are not affected by delivery of new translation.
§ 35b
Amendment of the European patent application in the national application form
(1) the authority shall, at the request of the applicant for a European patent application filed
within the meaning of article 87(1). 136 para. 2 of the European Patent Convention shall initiate the procedure for the
This application as a national application.
(2) if the Office receives an application referred to in paragraph 1, it shall invite the applicant to
up to 3 months in triplicate and submitted a translation of the European patent
application into the Czech language and pay the fee for filing the application
of the invention.
(3) if the applicant has complied with the conditions laid down in paragraph 2 and
Office of the change request, the European patent application received to 20 months
from the date of priority, the Office shall accord to the national application form right
the priority of the initially filed a European patent application.
(4) the authority shall, at the request of the applicant shall consult the European patent
application filed pursuant to paragraph 1 as a national utility model application
the model under special legislation. ^ 4 c) the provisions of paragraphs 2 and 3
shall apply mutatis mutandis.
§ 35 c
The effects of the European patent
(1) a Patent granted European Patent Office has the same effects as
a patent granted pursuant to § 34 paragraph 1. 3.
(2) the effects of the European patent in the Czech Republic to occur on the day in which the
It was announced the grant of a European patent in the European patent
Journal; the owner of the patent is obliged to transmit to the Office within 3 months of this
the date of the translation of the patent in the Czech language, and pay an administrative
the fee for its publication in accordance with special legislation. ^ 4)
The patent holder is at the same time obliged to submit to the Office an address in the United
Republic, where he will be sent to the official report concerning its
the patent. Office of the grant of a European patent shall be notified in the Gazette and translation
the European patent shall be published.
(3) if the translation of the European patent into the language Czech
submitted within the time limit referred to in paragraph 2, the owner of the European
of the patent to submit within a further period of three months, will pay at the same time
administrative charge under special legislation. ^ 4)
(4) if the translation of the European patent into the Czech language
submitted or within the time limit referred to in paragraph 3, the European patent in the Czech
Republic considered inefficient from the very beginning.
(5) after the announcement of the grant of a European patent in the European patent
Journal of the European patent Office writes to the Czech register of European
patents with data which shall be entered in the European patent register.
§ 35d
The scope of protection of the European patent
(1) for determining the extent of protection conferred by a European patent is
governing its wording in the language in which the European Patent Office
was the procedure for European patent application; However, if from the
translation of Patent Office granted pursuant to section 35 c of paragraph 1. 2
shows the protection of narrower than in the language of the proceedings, a third party may
rely on this translation.
(2) the proprietor of a European patent is entitled to submit to the Office a corrected
translation of a European patent into the Czech language. The corrected
the translation will be applied instead of the original translation after publication of this
the corrected translation Office; for this publication is the owner of the European
the patent shall be obliged to pay a fee according to a special legal
prescription. ^ 4)
(3) the rights of third persons on the territory of the United States in good faith
use or made serious and effective preparations for exploitation of the subject matter,
which, according to the translation of relevant at the time before the publication of the revised
the Translation Bureau has the range of a European patent, use this
the subject of the delivery of the new translation are not affected.
§ 35e
Prohibition of double protection
(1) where a national patent granted for the invention, to which it was same
the owner or his successor in title is granted a European patent with the same
the right of priority, a national patent in the extent to which coincides with
the European patent becomes ineffective to the date on which the period for
statement of opposition against the European patent without opposition or
the date of the decision, which was in control of the resistance of the European patent
preserved.
(2) the national patent is not effects under section 11 (1) 2 to the extent
which coincides with the European patent is granted only after a
the deadline for the filing of opposition against the European patent without opposition,
or after the decision, which was in control of the opposition, the European
the patent maintained.
(3) cancellation of a European patent under § 35f para. 5 the provisions of
without prejudice to paragraphs 1 and 2.
§ 35f
Revocation of the European patent
(1) if the European Patent Office European patent, where appropriate, to
preserves in the amended version, this decision has effects in the United
Republic.
(2) the revocation of a European patent or maintain them in its amended
the texts referred to in paragraph 1, the Office shall notify in the Gazette.
(3) if the European patent in proceedings for opposition maintained as amended
The European Patent Office, its owner shall, within 3 months from the
the date of notification of this change in the European Patent Bulletin pass Office
as amended patent translation into the Czech language and
pay the publication fee. The Office shall maintain a European patent in the
the amended version shall notify in the Gazette and the translation of the amended text of the
patent shall be published.
(4) if the translation of the European patent as amended
the case-file submitted within the time limit referred to in paragraph 3, the European patent
The Czech Republic for the ineffective from the outset.
(5) if the time limit laid down in vain to the European Patent Convention
statement of opposition, or if of the opposition procedure was not the European
patent has been revoked, a European patent may be cancelled by the Office under paragraph 23; The Office of the
the revocation of a European patent is interrupted, if before the European
Patent Office of the opposition procedure concerning the same matter. If, in the
control of resistance of the abrogation of a European patent, the Office shall, at the request
will be in proceedings relating to revocation of the patent to continue.
(6) in proceedings for the revocation of a European patent is binding on its wording in the
the language of proceedings.
§ 35 g
(1) the maintenance of the validity of a European patent in the Czech Republic
the owner shall be obliged to pay annual charges (hereinafter referred to as "maintenance
fees "). The amount of the renewal fees, the authority shall lay down by Decree.
(2) the obligation to pay maintenance fees arises notice of award
a European patent in the European Patent Bulletin. Maintenance fees
the Office shall be paid in advance and are due on the anniversary of the filing date.
If between the notification of the grant of a European patent and the date of that
corresponds to the date of filing the application, the time limit is less than 2 months, is
the proprietor of a European patent shall pay the first maintenance fee
not later than 2 months from the date of notification. If there is no maintenance fee
paid at maturity, can be subsequently paid within 6 months from the
due date, double the amount.
(3) the rights of third parties, which, after a lapse of time to pay
maintenance fee in good faith began with the use of the subject
such use of the invention or made serious and effective preparations,
use the subject of the invention is not an additional payment of maintenance
of the fee.
4 c) Act No. 478/1992 Coll. on utility models, as amended by Act No.
116/2000 Coll. ".
27. in section 35 g the following new section 35 h to 35o, which including the head
Fourth, the headings and footnotes # 4 d) to 4f):
"CHAPTER FOUR
GRANTING OF SUPPLEMENTARY PROTECTION CERTIFICATES FOR MEDICINAL PRODUCTS AND FOR PRODUCTS
PLANT PROTECTION PRODUCTS
§ 35 h
(1) the authority granted for a substance protected on the territory of the United States with a valid
patent of supplementary protection certificates (the "certificates") if
are the active substances, preparations, which are subject to the prior to placing on the market
registration under special legislation. ^ 4 d)
(2) the active substance is chemically manufactured substance or mixture of substances,
the micro-organism or a mixture of micro-organisms that have a general or
specific therapeutic or preventative effects in relation to the diseases of the people
or animals or they may be submitted in order to determine the disease,
improvements or modifications to health or which are intended to
protect plants or plant products.
(3) the product referred to in paragraph 1 is an active substance or a mixture containing
one or more active substances processed into a form that is referred to
on the market as a drug, ^ 4e) or as a plant protection product. ^ 4f)
§ 35i
Application for the grant of a certificate
(1) an application for the grant of the certificate serves a patent owner
is the substance, with the exception of a patent granted in accordance with section 82, or a way to get
a substance or the use of a substance as a drug or as a
plant protection products (hereinafter referred to as "basic patent"), or his legal
the successor.
(2) an application for a certificate shall be lodged within six months from the date of the decision
product registration under special legislation; ^ 4 d) if
registration is performed before the basic patent, the application must be
for a certificate is lodged within a period of 6 months from the date of grant of the patent.
(3) an application for a certificate shall contain
and) an application for certification, which States:
1. the name and address of the applicant,
2. the name and address of the representative, if the applicant is represented,
3. the number of the basic patent and the title of the invention,
4. the number and date of the first marketing authorisation under special laws
; ^ 4 d)
(b)) a copy of the authorisation issued in accordance with the Special
legislation, 4 d) ^ ^ in which the product is identified, including a summary of
product information for the drug;
c) chemical, generic or other terminology that enable identified substance
basic patent-protected with a registered product.
(4) the application for grant of a certificate, the applicant is required to pay the
administrative charge under special legislation. ^ 4)
(5) submission of an application for grant of a certificate, the authority shall enter in the patent
Register and published in the Gazette. The publication shall bear the name and address of the
the applicant, the number of the basic patent and the title of the invention, which is a patent
protected, the number and date of registration, including the designation of the product, the
placing on the market is this registration allowed.
§ 35j
The conditions for the granting of a certificate
The Office grants a certificate, if the date of application pursuant to § 35i are
subject to the following conditions:
and applies the basic patent) on the territory of the Czech Republic;
(b)) product containing the active substance basic patent-protected and is
validly registered as a drug or as a plant protection product
under special legislation; ^ 4 d)
(c)) the substance has not yet been granted authorisation;
d) registration under subparagraph (b)) is the first authorization to place the product in bulk
the drug produced in the Czech Republic or the first authorization to place the
the plant protection product on the market in the Czech Republic.
§ 35 k
The granting of a certificate
(1) if the application complies with the certification requirements set out in § 35i
and the substance for which the certificate is sought, satisfies the requirements referred to in § 35j,
the Office shall grant the certificate entered in the patent register. In
the certificate shall indicate the Office
and the name and address of the owner) of a certificate;
(b)) number of the basic patent and the title of the invention;
(c)) number and date of first registration, the authority which issued a decision on the
the registration, and the designation of the preparation, placing on the market of which this
Registrations permitted;
(d) the period of validity of the certificate.)
(2) the certification authority shall publish in the Gazette. The publication will be
the information referred to in paragraph 1.
(3) if the request does not meet the certification requirements set out in §
35j, the Office shall invite the applicant to supply in due time.
If the applicant does not complete the submission within the prescribed period, the Office of management of the stops; on
This fact, the applicant must be notified.
(4) are not complied with the conditions for grant of a certificate, the application for the grant of
the certificate will be rejected.
(5) the refusal of the application for a certificate and the suspension of the procedure for grant of
certification authority shall publish in the Gazette; the publication shall state the information
referred to in § 35i para. 5.
§ 35 l
The subject and effects of the certificate
(1) within the limits of the protection resulting from the basic patent, the protection
the certificate applies to the chemical substance or mixture of substances, the micro-organism
or a mixture of micro-organisms that are active substance registered
of the product, and the use of the patent in each subject as the drug or preparation
plant protection product that has been authorized before the expiry of
the certificate.
(2) a certificate from the same rights as the result of the basic patent; on
the certificate shall be subject to the same restrictions and stem from the same
obligations as of the basic patent.
§ 35 m
Validity of the certificate
(1) the certificate shall be valid for a period corresponding to the period which elapsed between the date
the filing of the basic patent and the date of the first authorization to allow
product on the market in the Czech Republic as a medicinal product or as a
plant protection product is reduced by 5 years, but no longer than 5 years from the
the date on which the certificate came into effect.
(2) the certificate shall take effect at the end of the statutory period of validity
the basic patent.
(3) the maintenance of a certificate in force, the owner is required to pay
each year, the administrative charges under special legislation. ^ 4)
(4) the rights of third parties, which, after a lapse of time to pay
the fee for the maintenance in force of the certificate in good faith began with
the use of the invention or to implement such a serious and effective use of
preparation, are not paying this fee in the next period.
§ 35n
The demise of the certificate
(1) the certificate expires
and end of the period of its validity) pursuant to § 35 para. 1;
(b)) if it gives up its owner;
(c) does not pay its) owner of the management fees for the maintenance of the certificate in the
validity;
(d)) if the product can no longer be placed on the market because of the cancellation of the
or termination of registration;
(e) a certificate under section) cancellation of 35o.
(2) the termination of the Certificate Authority entered in the patent register and shall, in
Journal.
§ 35o
Cancellation of certificate
(1) the Office shall cancel the certificate if
and conditions have not been met) for the grant under section 35j;
(b)) the basic patent has lapsed before its lawful term expires;
(c)) the basic patent has been revoked or the basic patent was limited in this
to the extent that the substance for which a certificate has been issued, it is no longer
protected by the basic patent; This is true even in case of cancellation of the basic
the patent, which occurred after his demise.
(2) an application for revocation of a certificate may be filed even after the demise of the basic patent
referred to in paragraph 1, if the applicant can prove a legal interest.
4 d) Act No. 147/1996 Coll., on phytosanitary care and amendments to certain
related laws. Act No. 79/1997 Coll., on pharmaceuticals and on changes and
certain related laws.
4E) § 2 (2). 1 of Act No. 79/1997 Coll.
4F) § 2 (2). 7 of law No. 147/1996 Coll. ".
28. in paragraph 48, the following paragraph 3 is added:
"(3) the right of priority referred to in paragraph 2 may be applied, if the application is
an industrial design is filed in the State or for a State which is a Contracting
party to the Paris Convention ^ 3) or who is a member of the world trade
Organization; ^ 4b) if the State in which the first filing of the application is made
the design is not a party to the Paris Convention or a member of a ^ 3)
The World Trade Organization, ^ 4b) can be the priority of this administration
admit only under conditions of reciprocity.
29. in paragraph 63, at the end of paragraph 1 the following sentence: "the proceedings before
The Office, leads in the Czech language. ".
30. In § 63 para. 2, the number "23.0" is added to the text "35f, 35o,".
31. in paragraph 63, at the end of paragraph 2 the following sentence:
"The deposit is Czk 2 500.".
32. In article 67, paragraph 2 shall be deleted and paragraph 1 shall be abolished.
33. In article 68, paragraph 3, including footnote 6) is repealed.
34. In article 69, paragraph 1, the following paragraph 2 is added:
"(2) the Office shall keep the register of European patents valid in the territory of the United
of the Republic. For entries in the register of European patents shall be used
(1). ".
The former paragraph 2 becomes paragraph 3.
35. section 70 including title and footnote No 7) reads as follows:
"§ 70
Representation
Persons who do not have residence in the territory of the United States or registered office, the
to be represented in proceedings before the Office pursuant to special legal representative
legislation. ^ 7) this also applies To the submission of translations pursuant to title a third.
7) Act No. 238/1991 Coll., on patent representatives, as amended by Act No.
14/1993 Coll., Act No. 85/1996 Coll., on the legal profession, as amended by Act No.
210/1999 ".
36. section 71:
"§ 71
For the management of inventions, that are classified under a special legal
^ Regulation 4a) or international treaties to which the Czech Republic is bound,
This law shall apply with the exception of their publication. ".
37. In section 75, paragraph 1, the following paragraph 2 is added:
"(2) the injured party may request that the Court ordered or ohrožovateli
the infringer to destroy the products whose manufacture or placing on the market was
a hazard or violation of the rights protected by this law, or
the destruction of material and tools designed or used exclusively or
mainly in activities threatening or in violation of the rights protected
This Act. The Court ordered destruction, the absence of such products in the
ownership, against which the proposal seeks, or should the threat
or violation of rights may be removed and destroyed, it would be
This threat to or breach of the unfair. ".
The former paragraph 2 becomes paragraph 3.
38. in paragraph 75, the following new section 75a and 75b, which including the following title:
"§ 75a
Right to information
The owner of the rights protected by this law against anyone who has these rights
threatens or violates the right to information about the origin of the product, including the
information relating to the marketing of products on the market; Court of the right to information
not be granted it would be disproportionate to the seriousness of the threat or
violation of.
§ 75b
(1) if in cases relating to the violation of the rights of the invention or
the design proposed a preliminary injunction, the Court may
order the applicant to lodge a security, that would be long enough to compensate
the proposal is directed against, and prevent abuse of protection would
provided by the patent owner or owners of the design.
(2) a court that is competent for the interim measure, either
and order the applicant not later than) 7 days from submission of the proposal to fold
the assurance referred to in paragraph 1 and of the application for interim measures shall decide
not later than 7 days thereafter, when he learns that the applicant has lodged,
or
(b)) shall decide on the application for interim measures not later than 7 days after
was filed. ".
39. In paragraph 76, paragraph 1 reads:
"(1) persons who are resident or established in the territory of a State which is
party to the Paris Convention ^ 3) or which is a member of the world
Trade Organization, ^ 4b) have the same rights as citizens of the United
Republic. ".
40. In § 82 para. 3 (b). (b)), the word "Czech" is replaced by
"Czech".
41. In paragraph 88, at the end of paragraph 1 the following sentence:
"The Office the Decree lays down the amount of maintenance fees.".
42. In paragraph 88, paragraphs 2 and 3 shall be deleted and the designation is lifted
of paragraph 1.
43. In § 5 para. 3 the first sentence of § 11 (1) 4 first sentence, section 18 (a). a) and
(b)), § 24 para. 2, § 38, 41, 49, § 82 para. 1, § 82 para. 3 (b). (b)) and §
paragraph 82. 3 (b). (c)), the words "the Czech and Slovak Federal Republic"
replaced by the words "Czech Republic". In section 18 (a). and) and § 76 para. 2, the
the words "the Czech and Slovak Federal Republic ' is replaced by ' United
Republic ".
44. In paragraph 2, the words "the Federal Office for inventions" shall be replaced by the words "the Office of the
industrial property ". In section 11 (1) 2 the words "the Federal Bureau
for inventions "shall be replaced by the words" industrial property office ".
45. In § 24 para. 2 the words "the Czechoslovak persons" shall be replaced by
"citizens of the Czech Republic."
PART TWO
Amendment of the Act on utility models
Article II
Act No. 478/1992 Coll. on utility models, is amended as follows:
1. in paragraph 7, the words "the Federal Office for inventions" shall be replaced by the words "the Office of the
industrial property ". In § 8 para. 5, the words "Federal Bureau of
for inventions "shall be replaced by the words" industrial property office ".
2. § 9 para. 2 the first sentence, after the words "stems from the word" international "
the Treaty "are replaced by the words, including footnotes, no. 1):
"Paris Convention for the protection of industrial property (hereinafter referred to as
"Paris Convention") ^ 1)
1) Paris Convention for the protection of industrial property of 20 March.
March 1883 as revised in Brussels on 14 May. in December 1900, in Washington, d.c.
on 2 February 2005. June 1911, at the Hague on 6. November 1925, at London on 2.
June 1934, in Lisbon on 31. October 1958 and at Stockholm on 14 July.
July 1967, published under no. 64/1975 Coll. ".
3. in article 9, the following paragraph 3 is added:
"(3) in the case of changes in the European patent application in which it was
required protection for the Czech Republic, on an application under section 8 may
the applicant claim the priority of the European patent application.
For the exercise of the right of priority shall apply paragraph 2 shall apply mutatis mutandis. ";"
4. In section 10, paragraph 1. 1 the words "the Czech and Slovak Federal Republic"
replaced by the words "Czech Republic".
5. in article 10 the following new section 10a, including title and notes
line no. 2a) reads as follows:
"§ 10a
Conversion of European patent applications on the application
(1) at the request of the applicant for a European patent application filed by
article. 136 para. 2 of the European Patent Convention, the Office shall initiate procedures on the European
patent application as the application.
(2) if the application is submitted in accordance with paragraph 1, it shall invite the applicant
up to 3 months to pay the application fee under a special
^ 2a) legislation and submitted in triplicate in the translation of the European
patent application into the Czech language.
(3) if the applicant fulfils the conditions laid down in paragraph 2 and the Office
request for conversion of European patent applications received within 20 months from the
the date of priority, shall grant a right of priority of the application originally
filed a European patent application.
2A) Act No. 368/1992 Coll., on administrative fees, as amended
regulations. ".
6. section 14 is repealed.
7. in article 15, paragraph 2. 1 is in parentheses after the number "10" the following text "and 10a."
8. in section 17(2). 1 (b). (b)) after the word "patent" the words "with the
effects on the territory of the Czech Republic. "
9. in section 17(2). 1, point (c)) shall be deleted.
Subparagraph (d)) shall become point (c)).
10. In article 17, after paragraph 2, insert a new paragraph 3 is added:
"(3) if the reasons for deletion only a part of the utility model, utility model
Clears part. ".
The former paragraph 3 shall become paragraph 4.
11. in section 18 at the end of paragraph 2 the following sentence:
"The reasons for deletion, including the evidence relied on by the proposal,
cannot be subsequently changed. ".
12. in section 18 paragraph 5 is added:
"(5) if the owner of the utility model within the prescribed period against
the proposal for deletion of utility model from the register, the Office shall decide on the proposal. For
control of the deletion from the register of utility models shall pay an administrative fee
under a special legal předpisu2a) the party to the proceedings, which in the
things have not had success. ".
13. in article 18, paragraphs 6 and 7 shall be deleted.
14. in section 21 para. 2, after the words "the infringement of" the words ", for
right to information and to the grant of compulsory licences ".
15. in section 21 para. 3, the reference to footnote 5) is replaced by the
referring to footnote No. 2a) and footnote # 5)
repealed.
Article. (III)
Transitional provisions
1. the priority of a European patent application pursuant to § 9 para. 3 can be
apply after the accession of the Czech Republic to the European Patent Convention.
2. the request for the conversion of the European patent application on the application under section
10A can be filed after the accession of the Czech Republic to the European patent
the Convention.
3. Pay the costs necessary to effective application of, or defend the rights
According to § 18 para. 7 it is possible to apply only in proceedings on the cancellation of the use
the pattern initiated before the date of entry into force of this Act.
PART THREE
Amendment of the Act on the protection of topographies of semiconductor products
Article IV
Act No. 529/1991 Coll., on the protection of topographies of semiconductor products,
be amended as follows:
1. in article 2, the following paragraph 3 is added:
"(3) for the purposes of commercial exploitation of this law means the sale,
hire, offer or other commercial distribution of a topography or
semiconductor product containing the topography or the product
containing a semiconductor product. ".
2. In section 5 and section 8 para. 1 the words "the Federal Office for inventions"
replaced by the words "industrial property office".
3. section 6, including footnote No. 1a) is inserted:
"section 6
(1) the right to the protection of the citizens of the Czech Republic may apply, as well as
people who have a domicile or registered office in the territory of a State which is a member of the
The World Trade Organization; ^ 1a) if the State in which the applicant has
residence or head office, is not a member of the World Trade Organization, ^ 1a) can be
the right to protection to admit only under the condition of reciprocity.
(2) the right to protection shall not apply if the person referred to in section 3, it is
apply persons on the basis of the exclusive permission of the person referred to in § 3
as the first in the Czech Republic have made use of the topography, which has in the world
has not been used.
1A) the agreement establishing the World Trade Organization (WTO), published under the
No 191/1995 Coll. ".
4. In section 8 shall at the end of paragraph 3 the following sentence including
footnote 1b) is added:
"The documents contain trade secrets, ^ 1b) the Office is entitled to
make available to third parties only if proceedings for cancellation
the topography of the register referred to in section 13, or by order of court,
If the proceedings for infringement of the rights referred to in section 10.
1B) of section 17 to 20 of the commercial code. ".
5. § 9 para. 2, after the words "in which" the words "this protection".
6. In section 10, at the end of paragraph 1, the words "or is available for this purpose
import ".
7. in paragraph 10, the following paragraph 3 is added:
"(3) If a topography owner proves that the third party prior to the date
referred to in § 9 para. 1 topography fraudulently reproduce, commercially
used, or imported for these purposes it shall have the right to this
a third person may demand reasonable compensation. "
8. In section 11 (1) 2 the second sentence after the word "learned" the words
"or can reasonably be expected to learn she could."
9. section 12 is repealed.
10. in article 14, paragraph 8 shall be deleted.
11. in section 18 para. 2, the words "registration of license agreements" shall be replaced by
"compulsory licence and license agreements", after the words "corrective steering"
the conjunction "and" is replaced by a comma and the words "rights violations"
the words "and for the right to information".
12. the footnote # 2):
"2) § 14 to 16, 20, 64, 68, 70, 71 and 75 paragraph 1. 1, § 75a and 75b of the law
No. 527/1990 Coll., on inventions, industrial designs and rationalization
the proposals, as amended by Act No. 519/1991 Coll. ".
13. footnote # 3):
"3) Act No. 368/1992 Coll., on administrative fees, as amended
regulations. ".
Article. In
Transitional provision
Reimbursement of the costs necessary to effective application of the rights provided for in, or defend
§ 14 para. 8 it is possible to apply only in proceedings for cancellation of the topography
initiated before the date of entry into force of this Act.
PART FOUR
The trade marks (Amendment) Act
Čl.VI
Act No. 137/1995 Coll. on trademarks as amended by Act No.
191/1999 is amended as follows:
1. In article 2 (2). 1 letter c) is added:
"(c)) designation, which is made up exclusively of marks or data used
in the store to determine the kind, quality, quantity, intended purpose, value or other
characteristics of the products or services of an indication of geographical origin or the time of
production of the goods or the provision of services ".
2. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following
the letters i) and (j)) are added:
"i) designation that includes the sign of high symbolic value, in particular
religious symbols,
(j) the designation of the mark for wine) or spirits that contains geographic
the figure, without wine or a spirit drink, should such a geographical origin. ".
3. In article 2 (2). 2, the words "at least two years ' shall be deleted.
4. In paragraph 3, at the end of paragraph 1 the following sentence: "this marking may
be entered, if the applicant for the trade mark owner or with
the earlier law priority grants written consent to the registration of the
the designation in the register of trade marks. ".
5. In article 6 (1). 2 the first sentence, the words "international agreements, ^ 2)"
replaced by the words, including footnotes, no 2): ' the Paris
Convention for the protection of industrial property (hereinafter referred to as ' the Paris
Convention ') ^ 2)
2) Paris Convention for the protection of industrial property of 20 March.
March 1883 as revised in Brussels on 14 May. in December 1900, in Washington, d.c.
on 2 February 2005. June 1911, at the Hague on 6. November 1925, at London on 2.
June 1934, in Lisbon on 31. October 1958 and at Stockholm on 14 July.
July 1967, published under no. 64/1975 Coll. ".
6. In section 6 is at the end of paragraph 2, the following sentence including notes
footnote No. 2a) reads as follows: "the right of priority may be claimed from the application
the trade mark, in which protection is sought in the Member State of the Paris
Convention ^ 2) or in a State which is a member of the world trade
Organization; ^ 2a) if the State in which the first filing of the application is made
trade mark, is not a party to the Paris Convention or a member of a ^ 2)
The World Trade Organization, ^ 2a) can be the priority of this administration
admit only under the condition of reciprocity.
2A) Notice No 191/1995 Coll., on negotiation of the agreement establishing the world
Trade Organisation (WTO). "
7. § 9 para. 1 (b)):
"(b) the proprietor of an earlier identical or) interchangeable signs that prior to
the application has become within the meaning of the Paris úmluvy3) or as a result of
promotion of that mark in the Czech Republic in the relevant circuit
the public generally known for its owner and its products or services
(hereinafter referred to as "well-known mark"), ".
8. in section 9, paragraph 1, the following paragraph 2 is added:
"(2) to the objections filed after the time limit referred to in paragraph 1, the Office shall not take into consideration;
This also applies to evidence, which the opposition has been substantiated by. ".
The former paragraph 2 becomes paragraph 3.
9. in § 14 para. 2 at the end of the first sentence, the dot is replaced by a semicolon and
the following words are inserted:
"the court right to information not be granted it would be disproportionate to the
the severity of the threat or violation. ".
10. in article 15, paragraph 1, at the end of the following sentence:
"The owner of the trade mark may request that the Court ordered ohrožovateli
or the infringer to destroy the products whose manufacture or placing on the market
has been compromised or infringement of the rights protected by this law,
or destroy the material and tools designed or used exclusively or
mainly in activities threatening or in violation of the rights protected
This Act. The Court ordered destruction, the absence of such products in the
ownership, against which the proposal seeks, or should the threat
or violation of rights may be removed and destroyed, it would be
This threat to or breach of the unfair. Delete the tag or
counterfeit trademarks on products before placing them on the market can be
admit only in exceptional cases. ".
11. in article 16, the following paragraphs 4 and 5 are added:
"(4) the owner of a trademark shall be obliged to suffer the further use of the identical or
interchangeable with a later trade mark law of primacy, if its
use acquiesced for a period of 5 years from the date on which the use of the learned
unless the application for registration of the later mark was applied for in good
faith.
(5) the proprietor of the later law of primacy is not entitled to
prevent the use of the identical or confusingly similar trademark with an earlier
the right of priority, even if the proprietor of the earlier right
the advantages of their rights in a trade mark could not referred to in paragraph 4
apply. ".
12. in paragraph 3 of section 18 reads as follows:
"(3) the license contract shall become effective against third parties by registration in the
Register of trade marks; about this notation is obliged to request the Office of the
proprietor of the mark. ".
13. in section 19 para. 1 the last sentence, after the words "shall take effect"
the words "against third parties".
14. in paragraph 25, the dot at the end of paragraph 1 is replaced by a semicolon and the following
with this text:
"the use of the mark, that began or continued after
the expiry of 5 years of non-use, but within 3 months prior to the
control of the deletion, shall be disregarded. Use of trade mark means
also, its use in a form differing from the form, as it is written,
in the welter of modifications of its distinctive character, or
its placement on the goods or their packaging exclusively for the needs of
exports. ".
15. in section 26 para. 2 the first sentence, the words ", as the benefits from a fair
distinctive character or the reputation of well-known trademarks
mark or is she on the injury "shall be deleted.
16. In article 35, paragraph 2 reads as follows:
"(2) the persons who are resident or established in the territory of a Member State
The Paris Convention ^ 2) or in a State which is a member of the world trade
Organization, ^ 2a) have the same rights as persons residing or
registered office on the territory of the Czech Republic; If the State in which the person resides
or head office, is a Member State of the Paris Convention ^ 2) or member of the world
Trade Organization, 2a) can be the right ^ ^ under this Act to admit only under
conditions of reciprocity.
17. in § 38 paragraph 1(a). 7, the second sentence shall be deleted.
Article. (VII)
Transitional provisions
1. the reputation of a trade mark under this Act may be applied
in opposition, only if the time limit for filing an opposition, and in
the procedure for the cancellation of the trademark from the register instituted after the acquisition of the
the effectiveness of this Act.
2. A proposal for the cancellation of the trade mark, which is registered in breach of section 2 of the
paragraph. 1 (b). I) and (j)) of Act No. 137/1995 Coll., can only be redeemed for
Mark logged on after the entry into force of this Act, unless the
the applicant was not in good faith.
PART FIVE
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Article. (VIII)
1. Unless otherwise provided, this Act applies also to relationships arising
before the entry into force of this Act. The emergence of these relationships is assessed
According to the existing legislation.
2. the legal effects of the acts in the neskončených proceedings that have occurred
before the entry into force of this Act, shall remain in force.
3. proceedings before the unfinished finishes under this Act.
Article. (IX)
The Prime Minister is hereby empowered to make laws promulgated in the collection of the full texts of
Law No. 527/1990 Coll., on inventions, industrial designs and
improvement proposals, Act No. 478/1992 Coll. on utility models,
Act No. 529/1991 Coll., on the protection of topographies of semiconductor products, and
Act No. 137/1995 Coll., on trademark law, as they result from the
later laws.
PART SIX
The EFFECTIVENESS of the
Article. X
This Act shall take effect on the date of its publication, with the exception of the provisions of article.
I, § 24 para. 3, art. I, section 26, art. (II) points 3, 5 and 7 and article. (III) sections 1 and
2, which shall take effect on the date on which it becomes ratified and
renowned for the Convention on the grant of European patents for the Czech Republic
binding.
Klaus r.
Havel, v. r.
Zeman in r.
