RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/125/Add.8/Suppl.1
18 September 2001
(01-4412)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b)
Information from Members
Supplement
CZECH REPUBLIC
By means of a communication, dated 11 September 2001, the delegation of the Czech
Republic has supplemented its answers to the illustrative list of questions as reflected by the
Secretariat in the synoptic tables annexed to document IP/C/W/273, in which the Secretariat'sillustrative list of questions was re-issued as requested by the Council.  The communication of the
Czech Republic indicates that the supplementary information concerns amendments and adjustments
to the information it had provided earlier (doc ument IP/C/W/125/Add.8) and mirrors recent changes
in the legislation of the Czech Republic.
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Page 2
SYNOPTIC TABLE I OF IP/C/W/273:  PATENT SYSTEM2
CZE
1. In your territory, is there any basis for denying a
patent on an invention consisting of an entire plant or
animal that is novel, capable of industrial application,involves an inventive step and has been adequatelydisclosed?Yes
*
2. If the answer to question 1 is yes, please respond
to the following questions:
(a)Does your patent system exclude entire
plants or animals as inventions?
(b)If your patent system does recognize entire
plants and animals as inventions, does itexclude all such inventions from being
patentable subject-matter, or does it only
exclude certain types of plants or animals?If it excludes only certain types, pleaseidentify the categories or characteristics ofinventions that are excluded.
(c)Is there any other basis in your law that
precludes the grant of a patent on anycategories of plant or animal inventions thatotherwise are novel, involve an inventive
step, are capable of industrial application
and have been adequately disclosed?No*
1
Yes*
3. Other than with respect to subject-matter you
defined as being ineligible to be patented under
question (2), is it possible in your territory to obtain apatent claim defined in any of the following ways?
(a)A patent claim that is not limited to a specific
plant or animal variety.
(b)A patent claim that is expressly limited to a
plant or animal variety.
(c)A patent claim that is expressly limited to a
group of plants or animals, where the group
is defined through reference to a sharedcharacteristic such as incorporation of aparticular gene.*
*
*
4. Is it possible to obtain a patent in your territory
on a microorganism that is novel, involves an inventivestep and is capable of industrial application?Yes
5. Is it possible to obtain a patent in your territory
on an essentially biological process for the productionof a plant or animal (i.e. a process limited to those acts
that are necessary for sexual or asexual reproduction
of a plant or animal)?No*
6. Is it possible to obtain a patent in your territory
for subject-matter that is identical to that found in
nature (e.g. a plant or animal in its natural state)?No*
7. Does your patent system include any special
provisions to ensure adequate disclosure regarding
inventions covered by Article 27.3(b) (for example,
micro-organisms)?Yes*
                                                     
* See Annex 1 for further information.
1 Plant and animal varieties are excluded.
2 As it relates to the Czech Republic.IP/C/W/125/Add.8/Suppl.1
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SYNOPTIC TABLE II OF IP/C/W/273:  PLANT VARIETY PROTECTION SYSTEMS2
CZE
1. Do the laws applicable to your territory provide
for a sui generis form of protection for a new plant
variety?Yes
2. If the answer to question 1 is “yes”, does that
protection conform to the standards defined in one of theActs of the International Convention for the Protection
of New Varieties of Plants (UPOV)?Yes
3. If the answer to question 2 is “yes”, please specify
the Act of the UPOV Convention upon which yourlegislation is based (i.e. the 1991 Act, the 1978 Act or
the 1961/1972 Act).1991
∗
4. If sui generis protection for plant varieties is
provided in your territory, would any of the following
acts require the prior author ization of the right holder:
(a)acts performed for research or experimental
purposes, or to develop new varieties ofplants?
(b)acts performed to commercially exploit a
variety distinct from the protected variety butsharing its essentia l characteristics?
(c)acts performed by a farmer of harvesting seed
from his planting of a protected variety
legitimately obtained, stor age of that seed, and
replanting of that seed on the farmer’s land?
If prior authorization is no t required for any of the
above examples of activities, is there any requirement
that the party undertaking the specified actions provide
the right holder with remuneration in any form?No
Yes
No*
Yes*
5. Would acts done privately and for non-commercial
purposes require the authorization from the right
holder?*
6. Does your legislation provide for other exceptions
to the rights conferred?*
7. Can protection be obtained for a plant variety that
was known to the public, or was publicly available, priorto the application for sui generis protection for thatplant variety, and, if so, under what conditions (i.e. what
are the time-limits during which public disclosure or
availability will not preclude the grant of protection)?Yes*
8. To be entitled to rights under sui generis plant
variety protection does one have to be the person who
bred, or discovered and developed the variety, or hissuccessor in title?*
9. Can protection be predic ated on identification of
an unexpressed gene, on an unexpressed set of genes
present in the genome of the plant variety, or on thecharacteristics of germplasm, rather than the expressedcharacteristics of plant varieties derived from such
genes or germplasm?No
10. What are the conditions that your law require for
protection?1n,d,u,s
pd
11. What is the duration of protection? 25/30*
                                                     
∗ See Annex 2 for further information.
1 d=distinctness;  u=uniformity;  s=stability;  n=novelty;  pd=proper denomination.
2 As it relates to the Czech Republic.IP/C/W/125/Add.8/Suppl.1
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ANNEX 1*
1. In your territory, is there any basis for denying a patent on an invention consisting of an
entire plant or animal that is novel, capable of industrial application, involves an inventive step and
has been adequately disclosed?
Yes.
According to Section 4, paragraph (b) of the Czech Patent Law No. 527/1990 Coll. as
amended by the Law Amending some Laws on the Protection of the Industrial Property
No. 116/2000 Coll., patents are not granted on plant and animal varieties and essentially biological
processes for the production and improvement of plants and animals.  This provision is based on the
Article 53(b) of the European Patent Convention.  The inventions concerning plants and animals assuch provided that they meet basic requirements of patentability do not fall under the exclusion
mentioned above.  The application of patent practice in the Czech Republic does not dispose of any
precedent of a patent claim which would explicitly cover a plant or an animal.
2. If the answer to question 1 is yes, please respond to the following questions:
(a) Does your patent system exclude entire plants or animals as inventions?
No.According to Section 4, paragraph (b) of the Czech Patent Law No. 527/1990 Coll. as
amended by the Law Amending some Laws on the Protection of the Industrial Property
No. 116/2000 Coll., patents are not granted on plant and animal varieties and essentially biological
processes for the production and improvement of plants and animals.  This provision is based on the
Article 53(b) of the European Patent Convention.  The inventions concerning plants and animals as
such provided that they meet basic requirements of patentability do not fall under exclusionmentioned above.  The application of patent practice in the Czech Republic does not dispose of any
precedent of patent claim which would cover a plant or an animal.
(c) Is there any other basis in your law that precludes the grant of a patent on any
categories of plant or animal inventions that otherwise are novel, involve an inventive
step, are capable of industrial applicat ion and have been adequately disclosed?
Yes.According to Section 4, paragraph (a) of the Czech Patent Law, patents are not granted in
respect of inventions the exploitation of which would be contrary to " ordre public " or morality.
3. Other than with respect to subject-matter you defined as being ineligible to be patented under
question (2), is it possible in your territory to obtain a patent claim defined in any of the following
ways?
(a) A patent claim that is not limited to a specific plant or animal variety
.
There has not been such a case in implementing practice up to now.
                                                     
* As it relates to the responses from the Czech Republic reflected in synoptic table I above.IP/C/W/125/Add.8/Suppl.1
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(b) A patent claim that is expressly limited to a plant or animal variety .
There has not been such a case in our implementing practice up to now.
(c) A patent claim that is expressly limited to a group of plants or animals, where the
group is defined through reference to a shared characteristic such as incorporation
of a particular gene.
See the replies above.
5. Is it possible to obtain a patent in your territory on an essentially biological process for the
production of a plant or animal (i.e. a process limited to those acts that are necessary for sexual orasexual reproduction of a plant or animal)? If not, please identify the legal basis under which these
inventions are deemed ineligible to be patented.
No.
According to Section 4, paragraph (b) of the Czech Patent Law No. 527/1990 Coll. as
amended by the Law Amending some Laws on the Protection of the Industrial Property
No. 116/2000 Coll., patents are not granted on plant and animal varieties and essentially biological
processes for the production and improvement of plants and animals.
6. Is it possible to obtain a patent in your territory covering subject-matter that is identical to
that found in nature (e.g. a plant or animal in its natural state)?
No.According to the Czech Patent Law No. 527/1990 Coll., patents are granted to inventions
which are new, which involve an inventive step and are susceptible of industrial application.
Discoveries are not patentable.  (See Section (3), paragraphs 1) and 2) of the Czech Patent Law.)
Section 2(a) of the Law on the Protection of Biotechnological Inventions No. 206/2000 Coll.
reads:  "Biotechnological inventions are patentable, if they concern biological material, which isisolated from its natural environment or produced by means of a technical process, even if it
previously occurred in nature".
Following Section 1(a) of the Law on the Protection of Biotechnological Inventions
No. 206/2000 Coll., "biological material means any material containing genetic information and
capable of reproducing itself or being reproduced in a biological system".
7. Does your patent system include any special provisions to ensure adequate disclosure
regarding inventions covered by Article 27.3(b) (for example, micro-organisms)?
Yes.The Czech Republic is a member of the Budapest Treaty on the Deposit of Microorganisms
of 1977.  Special provisions are included in the Law on the Protection of Biotechnological Inventions
No. 206/2000 Coll.IP/C/W/125/Add.8/Suppl.1
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ANNEX 2*
3. If the answer to question 2 is "yes", plea se specify the Act of the UPOV Convention upon
which your legislation is based (i.e. the 1991 Act, the 1978 Act or the 1961/1972 Act).
Law No. 408/2000 Coll., on the protection of plant variety rights is based upon the 1991 Act
of the UPOV, but the accession procedure has not yet finished.
4. If sui generis protection for plant varieties is provided in your territory, would any of the
following acts require the prior authorization of the right holder:
(c) acts performed by a farmer of harvesting seed from his planting of a protected variety
legitimately obtained, storage of that seed, and replanting of that seed on thefarmer’s land.
No.The answer applies to certain agricultural crop plants.
If prior authorization is not required for any of the above examples of activities, is there any
requirement that the party undertaking the specified actions provide the right holder with
remuneration in any form?
Yes.
In the case of question 4(c) above, the answer applies to farmers other than "small farmers".
5. Would acts done privately and for non-commercial purposes require the authorization from
the right holder?
According to Section 19, paragraph (9)(c) of the Law No. 408/2000 Coll., the exploitation of
the propagation material performed for own use of a natural person shall not constitute a breach to the
protective rights.
6. Does your legislation provide for other exceptions to the rights conferred?
Section 21 of the Law No. 408/2000 Coll. provides for a compulsory licence.
7. Can protection be obtained for a plant variety that was known to the public, or was publicly
available, prior to the application for sui generis protection for that plant variety, and, if so, under
what conditions (i.e. what are the time-limits during which public disclosure or availability will not
preclude the grant of protection)?
Yes.
According to Section 4, paragraph (1)(a) and (b) of the Law No. 408/2000 Coll., "the variety
shall be deemed to satisfy the condition of novelty if, at the day of filing of the application for grant of
protective rights the propagating material or material from the variety harvest has not been sold or
otherwise disposed of to others by or with the consent of the breeder, for purposes of exploitation of
the variety:
                                                     
* As it relates to the responses from the Czech Republic reflected in synoptic table II above.IP/C/W/125/Add.8/Suppl.1
Page 7
(a) in the territory of the Czech Republic earlier than one year before the application has
been filed, or
(b) outside the Czech territory earlier than four  years before the application has been filed
or, in the case of trees or of vines, earlier than six years before the application has
been filed".
8. To be entitled to rights under sui generis plant variety protection does one have to be the
person who bred, or discovered and developed the variety, or his successor in title?
According to Section 2(b) of the Law No. 408 /2000 Coll., "holder means the breeder who has
been granted protective rights to the variety, or his successor in title".
According to Section 2(c) of the Law No. 408/ 2000 Coll., "breeder means the natural or legal
person, who bred, or discovered and improved a variety or the person for whom someone else created
a variety as part of fulfilment of tasks in relation to an employment contract or another similarrelationship, unless a written agreement stipulates otherwise;  legal successor of the breeder shall also
be considered as breeder".
11. What is the duration of protection?
According to Section 23, paragraph (1) of the Law No. 408/2000 Coll., generally the duration
of protection is 25 years;  30 years for protected varieties of trees, hops, vines and potatoes.
__________