Patents Trademarks | Industrial Designs | Intellectual Property in Czech Republic

Czech Republic

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • Law of November 27, 1990, No. 527/1990, as amended by Laws Nos. 116/2000, 207/2000, 501/2004, 59/2005, 413/2005, 221/2006, 378/2007 and 303/2013.
  • Decree of December 11, 1990, No. 550/1990, in force since January 1, 1991, as amended by Decree No. 21/2002.
  • Law of June 21, 2000 No. 206/2000 on the Protection of Biotechnological Inventions, in force since October 1, 2000.
  • Law No. 173/2002 of April 9, 2002 on Fees for Maintenance of Patents and Supplementary Protection Certificates and Plant Protection Products and on amendments of some Acts.
  • Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since January 1, 1993.
  • Patent Cooperation Treaty (PCT), since January 1, 1993.
  • European Patent Convention, since July 1, 2002.

FILING REQUIREMENTS

  • Name and address of the applicant;
  • Name and address of the inventor;
  • Power of Attorney (signed by applicant, without legalization), can be filed after the filing of the application;
  • A document showing the right to the patent, if the applicant is not the inventor, can be filed after the filing date;
  • Specification and claims (in English, German or French, to be translated), 2 copies, abstract;
  • Drawings: 1 original, 3 copies;
  • Priority document (if any), to be filed only on request of the Patent Office;
  • Assignment of priority right, if the applicant in the Czech Republic is not the same as the first applicant (notarization of the signature of the first applicant is required), to be filed only on request of the Patent Office.

REMARKS

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: issued after a full examination – valid for 20 years.
Annuities: are to be paid after the grant of a patent.
Opposition: after publication of an application any person may file observations regarding the patentability of the application’s object.

LEGAL BASIS

  • Trade Mark Act No. 441/2003 of December 3, 2003, in force since April 1, 2004, as amended by Acts  Nos. 501/2004, 221/2006, 296/2007 and 303/2013.
  • The Regulation No. 97/2004 of February 20, 2004, in force since April 1, 2004.
  • Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since January 1, 1993.
  • Madrid Agreement, Stockholm Act, since January 1, 1993.
  • Madrid Protocol, since September 25, 1996.

FILING REQUIREMENTS

  • Name and address of applicant;
  • Power of attorney (signed by applicant, without legalization);
  • List of goods and/or services (in English, German or French), indicating the International Classification;
  • 6 prints (10 x 10 cm), not required for ordinary word marks;
  • Priority document (if any); legal term for filing: three months after application.

REMARKS

Kinds of protection: trademarks comprising a word or device or a combination of both, two- and three-dimensional designations, colors. Services marks are registrable.
Classification: International.
Obligation to use the registered mark: use is obligatory within any five-year period. The public offer for use of the trademark through the press has the validity of usage.
Duration - renewals: 10 years; always renewable for further 10-year periods.
Opposition: may be lodged within three months from the date of publication of an application.

LEGAL BASIS

  • Law of June 21, 2000, No. 207/2000 on the Protection of Industrial Designs, in force since October 1, 2000, amended by Laws 474/2004, 501/2004, 59/2005, 221/2006 and 303/2013.
  • Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since January 1, 1993.

FILING REQUIREMENTS

  • Name and address of the applicant;
  • Name and address of the creator of the design;
  • Power of attorney (signed by the applicant, without legalization; can be filed later on);
  • 6 reproductions of the design;
  • Description explaining the representation;
  • Priority document (to be filed on the invitation of the Examiner) and an assignment of priority right if the applicant in the Czech Republic is not identical with the first applicant.

REMARKS

Duration – renewals: after formal examination: 5 years from the filing date, extendible four times by 5-year periods.
Opposition: not provided for.

LEGAL BASIS

  • There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

  • ccTLD: .cz
  • Applicant: individuals and legal entities.
  • Local presence: not required.

REMARKS

Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: available (arbitration) before CZ.NIC.

General Information

Area: 78,864 sq. km.
Population: 10,516,000 inhabitants (estimated 2013).
Capital: Prague (Praha).
Languages: Czech (official), Slovak.
Currency: Kc (crowns).

General Remarks

The former Czechoslovakia separated on December 31, 1992 into two independent States, the Czech Republic and the Slovak Republic ( Slovakia).

On January 1, 1993, a Czech Patent Office was established in Prague and a Slovak Patent Office in Bratislava (and from 1995, in Banska Bystrica). Applicants having pending patent or trademark applications at the former Czechoslovakian Patent Office are allowed to decide whether they want to continue the prosecution in the Czech or the Slovak Republic or in both of them. As of January 1, 1993, Czech patents and trademark registrations are granted by the Czech Patent Office, while Slovak patents and trademark registrations are granted by the Slovak Patent Office.

The Czech Republic is a member of the European Union as of May 1, 2004. All Regulations are valid in the Czech Republic.

More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

KATZAROV SA
Patent & Trademark Attorneys
Rue des Epinettes 19
1227 Geneva
Switzerland
T +41 22 342 66 30
F +41 22 342 66 15
admin@katzarov.com