General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 78,864 sq. km.
Population: 10,300,000 inhabitants (estimated 2001).
Capital: : Prague (Praha).
Language: 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). 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.
New member of the European Union as of May 1, 2004.

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Patents of Invention

LEGAL BASIS

• Law of November 27, 1990, No. 527/1990, as amended by Laws No. 116/2000 and No. 207/2000.
• 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 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.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Strasbourg Agreement Concerning the International Patent Classification.
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms.
• Patent Cooperation Treaty (PCT).
• TRIPS Agreement.
• European Patent Convention.

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 the 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 the 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: not provided for.

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Trade and Service Marks

LEGAL BASIS

• Trade Mark Act No. 441/2003 of December 3, 2003, in force since April 1, 2004.
• The Regulation No. 97/2004 of February 20, 2004, in force since April 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Madrid Agreement Concerning the International Registration of Marks, Stockholm Act 1967.
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, Stockholm Act 1967.

FILING REQUIREMENTS

• Power of attorney (signed by applicant, without legalization);
• Name and address of applicant;
• 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: ten years; always renewable for further periods of ten years.
Opposition: not provided for.

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Industrial Designs

LEGAL BASIS

• Law of June 21, 2000 on the Protection of Industrial Designs, in force since October 1, 2000.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Locarno Agreement Establishing an International Classification for Industrial Designs.

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.
Opposition: not provided for.

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Domain Names

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: none.

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

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