IP/N/1/CZE/4  
IP/N/1/CZE/T/3  
IP/N/1/CZE/U/1  
 
20 January 2020  
(20-0527)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS  
UNDER ARTICLE 63.2 O F THE TRIPS AGREEMENT  
CZECH REPUBLIC : ACT NO. 441/2003 COL L., ON TRADE MARKS A ND THE AMENDMENTS TO  ACT 
NO. 6/2002 COLL., ON  COURTS, JUDGES, LAY  JUDGES AND STATE CO URT ADMINISTRATION  
AND ON THE AMENDMENT S TO CERTAIN OTHER A CTS, AS AMENDED  
(HEREINAFTER "TRADE MARK ACT ") 
Notifying Member  CZECH REPUBLIC  
 
Details of the notified legal text  
 
Title Act No. 441/2003 Coll., on Trade marks and the Amendments to 
Act No. 6/2002 Coll., on Courts, Judges, Lay Judges and State Court 
Administration and on the Amendments to Certain Other Acts, as amended 
(hereinafter "Trade mark Act ") 
Subject matter  Trademarks; Undisclosed information  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2020/IP/CZE/20_0495_00_e.pdf   
https://ip -documents.info/2020/IP/CZ E/20_0495_00_x.pdf  
Notification status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/CZE/T/2 ; IP/N/1/CZE/E/4, IP/N/1/CZE/I/4  
Brief description of the notified legal text  
 
Act No. 286 / 2018 Coll. of November 15, 2018 on the amendments to certain laws concerning 
industrial property (hereinafter referred to as "Implementing Act ") was published and the new rules 
are applicable from 1 January  2019 in the Czech Republic.  
 
The I mplementing Act predominantly introduces amendments to Act No. 441/2003 Coll. on Trade 
marks and Act No. 6/2002 Coll., on Courts, Judges, Lay Judges and the State Administration of 
Courts and on Amendments to Some Other Acts (Act on Courts and Judges) (her einafter referred to 
as "Trade mark Act Amendment "), in order to transpose the Directive (EU) 2015/2436 of 
16 Decembe r 2015 to approximate the laws of the Member States relating to trade marks.  
 
The Trade mark Act Amendment simplifies the administration an d registration of trade marks and 
brings substantial changes to the trade mark registration process. The Amendment enhances the 
legal certainty of trade mark owners within the EU internal market.  
 IP/N/1/CZE/4 • IP/N/1/CZE/T/3 • IP/N/1/CZE/U/1  
 
- 2 - 
 
  As the consequence of the Amendment, trade mark no longer needs to be represented graphically. 
The only remaining requirement is that the sign shall be capable of being represented in the register 
in a manner which enables the competent authorities and the  public to determine the clear and 
precise subject matter of the protection afforded to its proprietor and of distinguishing the goods or 
services of one undertaking from those of another.  
 
The new definition of trade mark opens up the possibility of regi stering unconventional types of trade 
marks which are expressed by the available technological means.  Besides five traditional trade 
marks (word, figurative, three -dimensional, colour and sound), five new types have been 
supplemented (positional, pattern,  motion, multimedia and hologram).  Furthermore, the 
Amendment newly introduces certification trade marks.  
 
The Amendment also revises the system of absolute and relative grounds for refusal; redefines the 
scope and limitations of trade mark protection and  clarifies the provisions on use of trade marks.  
 
The Implementing Act also amends the Act No. 221/2006 Coll. on Enforcement of Industrial Property 
Rights and on the Amendment of Industrial Property Protection Acts, by introducing the possibility 
of seekin g appropriate compensation for damages caused to the owners by unlawful acquisition, use 
or disclosure of their business information (trade secrets), bringing the Czech legislation into full 
compliance with the Directive (EU) 2016/943 of 8 June 2016 (Trade  Secrets Directive). In reflection 
of the broader scope of the amended law, the Act was renamed, becoming Enforcement of Industrial 
Property Rights and Protection of Trade Secrets Act.  
 
Finally, the Implementing Act amends the Act No. 634/2004 Sb., on Administrative Fees, broadening 
its scope to include also administrative trade mark proceedings.  
 
Language(s) of 
notified legal text English, Czech  
Entry into force  1 January 2019  
Other date    
 
Notification details  
 
Submission date 
of notification  14 January 2020  
Other information  Act No. 286/2018 Coll., on the amendments to certain laws of industrial 
property  
https://wipolex.wipo.int/en/legislation/details/18584  (in Czech)  
 
IP/N/1/EU/4 -IP/N/1/EU/T/5  
(Directive (EU) 2015/2436 of the European Parliament and of the Council of 
16 December 2015 to approximate the laws of the Member States relating to 
trade marks)  
 
Agency or 
authority 
responsible  Industrial Property Office of the Czech Republic  
Ministry of Industry and Trade - Trade Policy and International Economic 
Organizations Department  
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.