In the Czech Republic, intellectual property protection is regulated by a number of laws, and patents are granted for technical inventions that fulfil the requirements of novelty, inventiveness and industrial applicability.
Patents: Definition and legal requirements
Patents may be granted for new inventions in a technical field that are the result of inventive activity and can be applied in industry. Patents exclude from protection inventions that are contrary to public policy, as well as certain other types of inventions (e.g. discoveries, scientific theories and mathematical methods).
Legal requirements: The invention must be novel, involve an inventive step and be industrially applicable. Exceptions to protection include methods of human and animal treatment, as well as plant and animal species.
Registration of patents
National registration: The patent application is filed with the Industrial Property Office of the Czech Republic (IP Office).
European registration: A European patent application can be filed through the European Patent Office (EPO) or IP Office.
International registration: An application can be filed through the Patent Cooperation Treaty (PCT) system, which allows patents to be protected in more than 150 countries. Czech citizens can benefit from a 90% discount on the international registration fee when filing an application.
Enforcement and remedies
The patent owner, licensee or professional body may bring an action against the infringer.
The lawsuits include claims for:
- Termination of the offence.
- Compensation for damages caused by the breach.
- Providing moral satisfaction (e.g. monetary compensation or publication of a judgement).
Criminal prosecution: Infringements of intellectual property rights may also give rise to criminal liability depending on the nature of the infringement.
Duration of the defence
The term of validity of a patent in the Czech Republic is 20 years from the date of application. The patent is valid subject to payment of annual fees, which increase from CZK 1,000 for the first year to CZK 24,000 for the last year.
These defence mechanisms and legal instruments ensure that patent owners can effectively protect their inventions both nationally and internationally, using the tools of civil, administrative and criminal law.
Trade mark in the Czech Republic
In the Czech Republic, trade marks are regulated by national law, taking into account the requirements of the European Union and international agreements. The main aspects concerning the registration and protection of trade marks are as follows:
| Section | Details |
| 1. Definition and legal requirements | According to the transposition of Directive (EU) 2015/2436, a trade mark no longer has to be represented graphically. A trade mark must be presented in such a way that the subject matter of the protection granted to its owner can be clearly and precisely identified.
Requirements: The mark must distinguish the goods or services of one undertaking from those of other undertakings. Acceptable forms of trade marks can be words, names, images, shapes of goods or packaging, sounds, and even multimedia and holographic marks. The trade mark must be unique and not misleading as to the origin of the goods or services. |
| 2. Trade mark protection | National registration: Trade marks must be registered with the Industrial Property Office (IP Office).
International registration: An application for an international trade mark can be made through the Madrid system, which allows trade mark protection in almost 100 countries, including the Czech Republic. EU registration: To obtain protection within the European Union, you can apply through EUIPO (EU Intellectual Property Office), which gives protection in all EU member states. Commonly known trademarks: Protected under the provisions of the World Trade Organisation (WTO). Unregistered trade marks: Can be protected if their prior use in the market is proven, which is similar to the concept of protection under the principle of unfair competition. |
| 3. Enforcement and remedies | The copyright holder, licensee, or professional body may bring an action against the infringer.
Remedies include: – Termination of the offence. – Indemnity. – Compensation for moral damage (including monetary satisfaction or publication of the judgement). A defence can also be provided through the criminal law. |
| 4. Duration of defence and extension | The term of trade mark protection is 10 years from the date of filing of the application.
Registration may be renewed for each subsequent 10-year period. The renewal fee is: – CZK 2500 for an individual trade mark. – CZK 5000 for a collective trade mark. |
These legal mechanisms provide trade mark owners in the Czech Republic with strong legal protection both nationally and internationally.
Registered designs in the Czech Republic
Registered industrial designs (designs) in the Czech Republic are governed by intellectual property laws, which allows the appearance of the product to be protected.
Definition
Design is the appearance of all or part of a product, including characteristics such as shape, colour, texture, materials, and embellishments.
A design may be registered and protected if it is:
New: Not previously available to the public.
Distinctive: Has individual features that set it apart from other designs already in existence.
Registration
National registration: Industrial designs are registered through the Industrial Property Office (IP Office) of the Czech Republic.
EU registration: An industrial design can also be registered throughout the European Union as a Registered Community Design (RCD) through the EU Intellectual Property Office (EUIPO).
Applications for international registration can be filed under the Hague System for the International Registration of Industrial Designs, which allows coverage of more than 70 countries.
Enforcement and remedies
The remedies are similar to those that apply to patents:
- The owner of the registered design may require the infringer to stop using the design and to pay damages.
- In some cases, compensation for moral damages may be awarded, such as publication of a judgement.
Protection can be realised through both civil and criminal law.
Duration of defence and extension
The term of protection of a registered industrial design is 5 years from the date of filing of the application.
The design can be extended for successive 5-year periods up to a maximum term of 25 years.
Renewal fee: The renewal fee starts at CZK 3000 for the first renewal and increases by CZK 3000 for each subsequent renewal (second, third, etc.).
These design protection mechanisms ensure that owners can protect the unique appearance of their products both at the national level in the Czech Republic and at the level of the entire European Union.
Unregistered designs in the Czech Republic
In the Czech Republic, unregistered industrial designs do not have a separate legal regulation as registered designs. However, in some cases they may be protected through other intellectual property or competition law mechanisms.
| Section | Details |
| Definition and legal requirements | Unregistered industrial designs are not directly regulated by special legislation in the Czech Republic. However, the protection of such designs can be obtained indirectly through other laws if they fulfil certain conditions.
One method of protection is prior use, similar to the common law concept of passing off, where a company can protect an unregistered design if it is the first to use it in commerce and it has acquired sufficient recognition. |
| Enforcement and remedies | If an unregistered design is used by others, its owner can protect its rights through trade mark laws or through unfair competition law.
In the context of unfair competition, it is possible to bring an infringement action if it can be shown that a third party has misused a design that has already been commercially exploited. The remedies are similar to those for infringement of registered objects: Termination of use. Indemnity. Moral satisfaction (e.g. publication of a judgement). |
| Duration of the defence | As unregistered designs are not subject to specific regulations in the Czech Republic, there is no official duration of protection for them as in the case of registered designs. However, protection through other legal instruments, such as unfair competition or trademark laws, may be temporary and depend on the specific use and recognition of the design on the market. |
Thus, owners of unregistered designs can expect protection only in certain cases and when there is evidence of the use of the design in commercial activities.
Copyright in the Czech Republic
Copyright in the Czech Republic is governed by legislation that complies with European Union regulations and international agreements. Copyrights protect unique creative works and provide their authors with exclusive rights to use their works.
Definition and legal requirements
Copyright protects all literary, artistic and scientific works that are the result of creative activity and expressed in an objectively perceptible form. This includes books, music, paintings, sculptures, films, photographs, computer programmes and databases.
For a work to be protected by copyright, it must be unique and original. Originality implies that the work was created by the author himself and is the result of his creative labour.
Defence
Automatic protection: A work is protected by copyright automatically from the moment of its creation, without the need for registration or any formalities. Copyright is effective from the first publication of the work or its expression in any objectively perceptible form.
Software and databases are also copyrighted as literary works, under EU law.
Enforcement and remedies
The right holder (the author or other legal successor) may demand that the infringer cease the unlawful use of the work, compensate for damages and provide compensation for moral damage.
The remedies are similar to those that apply to patents:
- Termination of the offence.
- Indemnity.
- Compensation for moral harm (e.g. monetary compensation or publication of the court judgement).
Copyright can also be protected through criminal law if the infringement is of a serious nature.
Duration of the defence and possibility of extension
The term of copyright protection is for the life of the author and another 70 years after his death. This term applies to all types of protected works, including computer programmes and databases.
In the case of joint authorship, protection expires 70 years after the death of the last surviving author.
The protection of works continues after the death of the author, providing heirs or successors with exclusive rights to use the work.
Thus, in the Czech Republic, copyrights provide authors with full protection of their works during their lifetime and for a considerable period after their death, which is in line with international intellectual property standards.
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