ORGANIZACIÓN MUNDIAL
DEL COMERCIOIP/N/1/CZE/I/1/Add.1
IP/N/1/CZE/I/3/Add.1IP/N/1/CZE/L/1/Add.1
IP/N/1/CZE/T/1/Add.1
10 de octubre de 2001
(01-4918)
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el ComercioOriginal:  inglés
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS DE CONFORMIDAD CON EL
PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
REPÚBLICA CHECA
Addendum
Mediante una comunicación de su Misión Permanente, fechada el 23 de noviembre de 2000,
la República Checa ha notificado, de conformidad con el párrafo 2 del artículo 63 del Acuerdo, el
texto adjunto1 de la Ley Nº 116/2000 Coll.  por la que se modifican diversas leyes relativas a la
protección de la propiedad industrial, en vigor desde mayo de 2000, con excepción de algunas nuevas
disposiciones europeas sobre patentes que entrarán en vigor el 1º de julio de 2002.  Por dicha Ley se
modifican:
- Ley de invenciones, dibujos y modelos industriales y proyectos de racionalización
N° 527/1990 Coll.  (distribuida en el documento IP/N/1/CZE/I/1);
- Ley de Marcas de Fábrica Nº 137/1995 Coll.  (distribuida en el documento
IP/N/1/CZE/T/1);
- Ley de protección de las topografías de productos semiconductores microelectrónicos
N° 529/1991 Coll.  (distribuida en el docu mento IP/N/1/CZE/L/1);  y
- Ley de Modelos de Utilidad Nº 478/1992 Coll.  (distribuida en el documento
IP/N/1/CZE/I/3).
                                                     
1 En inglés solamente.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
Página 2
116
LAW
of 6 April 2000,
amending some Acts on the Pr otection of Industrial Property
The Parliament has adopted the fo llowing Law of the Czech Republic:
PART ONE
Amendment to the Act on Inve ntions, Industrial Designs
and Rationalisation Proposals
Article I
The Law № 527/1990 of Coll., Act on Inventions, Industrial Designs and
Rationalisation Proposals, as amended by the Law № 519/1991 of Coll., is amended as
follows:
1. In § 3, Subsection reads as follows:“(2) The following shall not be regarded as inventions:
a) discoveries, scientific theo ries and mathematical methods;
b) aesthetic creations;c) schemes, rules and methods for performing mental acts, pl aying games or doing business,
and programs for computers;
d) presentation of information.”
2. In § 3, Subsection 3 and 4 are added, having the following wording:
“(3) The patentability of the subject-matter or activities referred to in the Subsection 2
is excluded only to that extent to which an a pplication or a patent relates to such subject-
matter or activities as such.
(4) Methods for treatment of the human or animal body by surgery or therapy and
diagnostic methods practised on the human  or animal body shall not be regarded asinventions which are susceptible  of industrial appli cation within the meaning of Subsection 1.
This provision shall not apply to products, in pa rticular substances or compositions, for use
in any of the above-mentioned methods.“.
3. In § 4 the letter a) reads:a) inventions, the exploitation of which would be contrary to public order or
morality; this fact may not be conclude d merely because the exploitation of the
invention is prohibited by law;”.
4. In § 4, the letter b) is deleted.
The existing letter c) is designated as letter b).
5. In § 4 the letter b) reads:IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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b) plant or animal varieties or essentiall y biological processes for the production of
plants or animals; this provision does not a pply to microbiological  processes and products
thereof.”
6. In § 5, Subsection 2 reads:“(2) The state of the art shall be held to comprise everything made available to the
public by means of written or oral description, by  use or in any other way, prior to the date
from which the right of priority (§ 27) belongs to the applicant.”
7. In § 5, the second sentence of the Subs ection 3 is replaced by the following
sentence: “This provision shall apply also to the international applications of inventions with
the earlier right of priority, where the Office acts as a designated office, 
1a) and for the
European patent applications (§ 35a) with the earlier right of priority, where the CzechRepublic is a validly designated state.”
8. The footnote № 1a) reads:
_________________“
1a)  Article 2 Subsection (xiii) of the Pa tent Co-operation Treaty published in the
communication of the Federal Mi nistry of Foreign Affairs № 296/1991 of Coll. , on
Patent Co-operation Trea ty and the related Implementing regulations.”.
9. In § 5, after the Subsection 3, the new S ubsection 4 is inserted if the following
wording:
“(4) The provisions of Subsections 1 to 3 shall not exclude the patentability of any
substance or composition, for use in a method re ferred to in § 3, Subsection 4, provided that
its use for this method  is not co mprised in the state of the art.”
The existing Subsection 4 is designated as Subsection 5.
10. § 7 inclusive of its title reads:
“§7
Industrial application
An  invention shall be considered as su sceptible of industria l application, if its
subject- matter can be made or used in any kind of  industry, agriculture or other fields of the
economy.”.
11. In § 11, Subsection 4, the words “or Slovak” are deleted.12. § 12 reads:
“§12
(1) The extent of the protection conferred by a patent or an invention application shall
be determined by terms of the patent claims. For the interpretation of the patent claims, thedescription and drawin gs shall be  used.
(2) For the period up to grant of the patent, the extent of the protection  conferred by
the invention application shall be determined  by the terms of the patent claims contained inIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
Página 4
the application published under § 31. However, the patent, as  granted or as amended in the
revocation procedure  under § 23, shall determine retroactively the extent of the protection
conferred by the invention application, in so far as the  protection is not thereby extended.”
13. § 13 inclusive of the title and footnote № 1b) reads:
“§13
Prohibition of direct use
 Nobody shall be allowed wit hout the consent of patentee,
a) to make, offer, put on  the market or us e a product which is the subject-matter of the
patent, or to import or  st ock the product for this purpose, it or to dispose with it by
another manner;
b) to use a process  which is the subject-matter of the patent or to offer the process for use;
c) to offer, put on the market, use or import or stock for this purpose the product obtained
directly by a process, which is the subject-matter of the patent;  identical products shall beheld to have been obtained by means of the process, which is the subject-matter of the
patent, when it is highly probable that the product was obtained by means of the process,
which is the subject-matter of the patent, and in  spite of reasonable effort, the patentee was
not able to determinate the really used proce ss; unless the contrary is  proved. In proving
the contrary, rights conferred by the trade secret protection 
1b) shall be respected.
______________________
1b) § 124 of the Civil Procedure Code.".
14. After § 13, new § 13a and 13b are inserted, with the following wording inclusive
of the titles:
“§ 13a
Prohibition of indirect use
(1) Nobody shall be allowed without the consent of patentee, to supply or  offer to supply a
person, other than the person authorised to use the patented invention, with the means relating
to an essential element of the invention and serving in this sense to put in into effect, when itis obvious in the circumstances, that these me ans are suitable and intended for putting the
patented invention into effect.
(2) The Subsection 1 shall not apply when  the means are products commonly existing
on the market, unless the third person induces the purchaser to commit the act, prohibited by§ 13.
(3) Persons performing the activities referred to in § 18, letter c) to e) shall not be
considered as persons authorised to use the i nvention within the meaning of the Subsection 1.
§ 13bIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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Exhaustion of rights
The patentee shall not be en titled to prohibit third persons to dispose with the product,
which is subject-matter of the protected inve ntion, if the product has been put on the market
in the Czech Republic by the patentee or with his consent, unless there exist the reasons forthe extension of patent rights to the mentioned activities.”.
15. In § 18, Subsection 1, letter a), after the words “party to” are the words “the
international treaties” replaced by the words, which inclusive of the footnote № 3 read as
follows: “of the Paris Convention on the Protection of Industrial Property  (thereinafter “Paris
Convention”) 
3)
___________________
3) Paris Convention on the Protection of Indus trial Property of 20 March 1883, revised in
Brussels 14 December 1900, in Washington 2 June 1911, in the Hague 6 November 1925, inLondon 2 June 1934, in Lisbon 31 October 1958, and Stockholm 14 July 1967, publishedunder the number 64/1975 of Coll.”.
16. In § 18, the Subsection 2 is deleted, as well as the denomination of the Subsection
1.
17. In § 18, at the end, the full stop is replaced by semicolon and the letters c) to e) are
completed, with the following wording:
“c)  in the individual preparation of a medicament in a pharmacy based on a medical
prescription including acts concerning the  medicament  so prepared;
 d)  in acts done  for non-commercial purposes;
e) in acts relating to the subject-matter of th e invention done for experimental purposes.”.
18. The footnote № 4) reads:
____________________“ 
4) Law № 368/1992 of Coll., Act on Administrative Fees, as amended.”.
19. § 20 inclusive of the title reads:
“§ 20
Compulsory licence
(1) If the patentee unreasonably does not work the invention at all or works it
insufficiently and he did not accept a due offer for a licence agreement in a reasonable term,the Office, upon the justified request, may gran t a non-exclusive right to use the invention
(compulsory licence); the compulsory licence ma y not be granted before the expiry of the
period of 4 years as from the filing date  of the invention application or 3 years as from thegrant of the patent,  whichever period expires last.
(2) The compulsory licence may be also granted, where an important public interest is
endangered.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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(3) The Office  shall establish conditions, the scope and duration of the compulsory
licence in its decision concerning the granting of the compulsory licence. The compulsorylicence may be granted mainly for the supply of the home market.
(4) The compulsory licence may only be assigned within the transfer of the enterprise
or its part, where the entrepreneur uses the invention based on the compulsory licence
(thereinafter “compulsory licence holder”).
(5) The compulsory licence holder may waive the right to use the invention during the
term of duration of the compulsory licence by  notification made to the Office; on the day of
delivery of the notification, the effect of deci sion on the grant of compulsory licence lapses.
(6) The Office shall revoke a compulsory  licence or change conditions, scope or
duration of the compulsory licence at the request of the owner of the patent in which he shall
prove that conditions for the grant of  compul sory licence have been changed and are unlikely
to recur or the holder  does not exploit the compulsory licence during one year or does notimplement conditions established by the grant of the compulsory licence.
(7) The grant of a compulsory licence shall not affect the right of the patentee for
the compensation of the value of the licence. If the value of the licence is not agreed byconcerned parties it shall be de termined, upon request, by the c ourt, taking into account the
importance of the invention and the value of th e licence contracts in the relevant technical
field.
(8) The compulsory licence shall be ente red in the Patent Register (§ 69).”.
20. In § 21, the existing text is designated as the Subsection 1 and the Subsections 2
and 3 are added, having the following wording:
“(2) For maintaining the patent in force, the patentee shall pay yearly administrative
fees under the special regulation. 
4)
(3) The rights of third persons, which after expiry of the time limit for payment of the
fee for maintaining the patent in force, in g ood faith have begun to use the subject-matter of
the invention or have realized serious and effective preparations  to use this invention, shall
not be not affected by the payment of this fee in ulterior date.”.
21. In § 23, the Subsection 1 has the following wording:
“(1) The Office shall revoke the patent , if it is ascertained subsequently:
a)  that the invention did not meet the conditions of patentability;b) that the invention is not disclosed in the patent so clearly and completely, to be carried
out by a person skilled in the art;
c)  that the subject-matter of the patent extends beyond the content of the invention
application as filed or the subject-matte r of the patents granted on the divisional
application extend beyond the content of the invention  application as filed, or the
extent arising from the patent was extended;IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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d) that the patentee is not entitled to it according to § 8; in this case, the Office shall
carry out the revocation upon the request of the authorised person (§ 29).”.
22. In § 23, in the end of the Subsection 2, the following sentence is added: “The
partial revocation of the patent shall be carried out by the ame ndment of  claims, description
or drawings.”.
23. In § 24, after the Subsection 2, the new S ubsections 3 and 4 are inserted, inclusive
of the footnote № 4a), with following wording:
“(3) The Office is the body, with which the European patent application according to
the Convention on the Grant of European Pa tents, done in Munich on  October 5, 1973
(thereinafter the “European Patent  Convention”) may be filed; th is shall not apply in the case
of a divisional  European patent application.
(4) If the European patent application or the international application contains the
matters that are kept secret  under the special regulations, 4a) the applicant shall file the
application with the Office together with the approval issued by the National Security Office.
________________
4a) Law № 148/1998 of Coll., Act on Protection of Cl assified Matters and on the changes of
several Laws, as amended.”.
The existing Subsection 3 is de signated as the Subsection 5.
24. In § 26, the Subsection 1 reads:
“(1) An invention applica tion shall relate to one in vention only or to a group of
inventions so linked as to form  a single general inventive concept.  Where  a group of
inventions is claimed in one and the same patent applicati on, the requirement of unity of
invention  shall be fulfilled only when th ere is a technical relationship among those
inventions involving one or more  of the same or corresponding special technical  features. The
expression „special technical features“ shall mean those features which define a contributionwhich  each of the claimed inventions c onsidered as a whole makes the prior art.
25. In § 27, the Subsection 3 is added, having inclusive of the footnote № 4b) the
following wording:
“(3) The priority right under the Subsec tion 2 can be claimed, if the invention
application has been filed in the state or for th e state which is party to the Paris Convention or
a member of the World Trade Organisation. 
4b) If the state, where the first filing of the
invention application is made, is  neither a party of the Paris Convention, nor a member of theIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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World Trade Organisation, 4b) the priority right can only be granted under condition of the
reciprocity.
___________________
4b) Convention on the creation of World Trad e Organisation (WTO), published under the
number 191/1995 of Coll.”.
26. After § 35, the new §§ 35a to 35g are inse rted, which with the denomination of the
Chapter three, titles and footnote № 4c) read as follows:
“CHAPTER THREE
EUROPEAN PATENT APPLICATION
AND EUROPEAN PATENT
§ 35a
(1) A European patent application with effects for the Czech Republic (thereinafter
“European patent application”), which has been accorded a date of filing shall have the sameeffect in the Czech Republic as an invention application filed according to § 24 on the same
date. If the European patent application enjoys a priority right from a date preceding the dateof filing the European patent application, the ear lier date shall apply for according the effects
of the application.
(2) If the European patent application wa s withdrawn or if it is considered to be
withdrawn, it shall have the same effects as the termination of the procedure on the inventionapplication under § 64 Section 2. If the European  patent application was rejected, it shall
have the same effects as the rejection of the invention a pplication under § 34 Subsection 1.
(3) The reestablishment of rights by the European Patent Office to the applicant of the
European patent application, or to the owner of the European patent with effects for the
Czech Republic (thereinafter “E uropean patent”) shall also apply in the Czech Republic.
(4) If the European patent application has been published by the European Patent
Office, the applicant has presented the translation of patent claims to the Czech language andpaid the administrative fee for making the translation available under the special rules,
4) the
Office makes the translation available to the public and announces this fact in the Bulletin.
The applicant can then claim a reasonable co mpensation according to § 11, Subsection 3, if
the patent, granted by the European Patent Of fice has effects in the Czech Republic (§ 35c).
(5) The content of the European patent app lication, determined by the wording of the
European patent in the language, in whic h the European patent application has been
proceeded before the European Patent Office, shall be decisive for the interpretation of thescope of protection conferred by the European pa tent application; if the protection conferred
by the European patent is larger than th e protection conferred by the published European
patent application, the protecti on shall only be granted in the scope, which is conferred both
by the published European patent application  and the granted European patent. If the
translation of patent claims according to the Subsection 4 doesn’t comply with the wording ofthe claims in the language of proceedings, th e protection conferred by the European patentIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
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application can only be claimed  in the scop e which is obvious from its translation to the
Czech language.
          (6) If the applicant files with the Office the corrected translation of patent claims to the
Czech language, the corrected translation shall have effect instead  of the original translationas from the date of the mention of its publication in the Bulletin; the applicant shall pay theadministrative fee for the publication according to special regulation. 
4) The rights of the third
persons, which in good faith have used or have  made serious and effective preparations for
using the subject-matter of the European patent application which according to the translationpresented by the applicant was not covered by  its scope, are not affected by the delivery of
the new translation.
§ 35b
Conversion of the European patent application into the
national application
(1) The Office shall, at the request of the applicant of the European patent application,
filed according to the Article 136 Subsection 2 of  the European Patent Convention, start the
procedure with the application as with respect to the national application.
(2) If the Office receives the request pursuant the Subsection 1, it shall invite the
applicant to submit  the Czech translation of the European patent application in three copieswithin  a period  of three months and to pay the filing fee.
(3) If the applicant has met the  conditions  pursuant in the Subsection 2 and the Office
has received the request for conversion of the European patent application within a period of
20 months from the date of  priority, the Office shall accord to the national application theright of priority deriving from the European patent application as filed.
(4) The Office shall, at the request of the applicant, proceed the European patent
application filed under the Subsection 1, as th e national application of an utility model in
accordance with the special regulations. 
4c) The provisions of the S ubsections 2 and 3 shall
apply mutatis mutandis .
§ 35c
Effects of the European patent
(1) The patent granted by the European Patent Office shall have the same effects, as
the patent granted in accordance with § 34, Subsection 3.
(2) The European patent shall  have the effects in the Czech Republic as from the
date, when the grant of the European patent was announced in the European Patent Bulletin;
the owner of the patent shall be obliged to submit to the Office the translation of the patentspecification to the Czech language within 3 months since this date, and to pay the
administrative fee for the publication according to special legal regulations. 
4) In the same
time, the patentee shall be  obliged to submit to  the Office the address in the Czech Republic,
where the official notifications  concerning his patent are to  be sent. The Office shall
announce the grant of the European patent in the Bulletin and publish the translation of the
European patent specification.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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(3) If the translation of the European patent specification to the Czech language is not
submitted within the period according to the S ubsection 2, the owner of the European patent
may submit it in the additional time limit of 3 months, provided that he will pay theadministrative fee according to the special legal regulation. 
4)
(4) If the translation of the European patent specification to the Czech language is not
submitted even within the time limit according to the Subsection 3, the European patent shallbe considered in the Czech Repub lic as null and void from the outset.
(5) After the announcement of the grant of th e European patent in the European Patent
Bulletin, the Office shall enter the European patent to the Czech Register of European patentswith the data recorded in the European Patent Register,
§ 35d
Extent of  protection conferred by the European patent
(1) The text of the European patent  in the language of the proceedings before the
European Patent Office shall be decisive for the determination of the extent of protection
conferred by the European paten t; nevertheless, if the extent of protection conferred by the
translation of the patent spec ification, submitted to the Office according to § 35c Subsection
2, is narrower than in the language of proceeding s, third parties can refer to this translation.
(2) The owner of a European patent is entitled to submit to the Office the corrected
translation of the European patent specification to the Czech language. The corrected
translation shall have effects  instead of the or iginal translation as from the publication of the
corrected translation by the Office; the owner of the European patent shall pay the fee for thepublication according to special regulations. 
4)
(3) The rights of third persons, which on th e territory of the Czech Republic in good
faith have used or have realiz ed serious and effective preparations to use the subject-matter,
which pursuant to the translation valid in the period before the publication of the correctedtranslation by the Office was not covered by the extent of this European patent, are not
affected by the delivery of the new translation.
§ 35e
Prohibition of the simultaneous  protection
(1) If the national patent is granted to the invention, to which the European patent has
been granted with the same right of priority to the same patentee or his successor in title, thenational patent shall cease to have effect to the extent that it is identical with the Europeanpatent,  from the date, on which the period for filing the notice of  opposition to the European
patent expires without such noti ce being filed, or the date of entry into force of the decision,
by which the European patent has been  maintained in the opposition proceedings.
(2) The national patent shall not have e ffects under § 11 Subsection 2 to the extent
that it is identical with the European patent, if it was granted after  the expiry of the period forfiling the notice of  opposition to the European pa tent without such notice being filed, or after
the date of entry into force of the deci sion, by which the European patent has been
maintained in the opposition proceedings.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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(3) The provisions of Subsections 1 and 2 sh all not be affected by the revocation of
the European patent under § 35f, Subsection 5.
§ 35f
Revocation of the European patent
(1) If the European Patent Office revokes th e European patent or maintains it in the
amended form, the decision shall ha ve effects in the Czech Republic.
(2) The Office shall announce in the Bulletin the revocation of the European patent or
its maintaining in the amended form according to the Subsection 1.
(3) If, the European patent is maintain ed in the amended text in the opposition
proceedings by the European Patent Office, its owner shall be obliged to submit to the Office
the translation of the amended text of the patent specification to the Czech language and topay the publication fee within 3 months from the announcement of this amendment  in the
European Patent Bulletin. In the Bulletin, the Office shall announce the maintaining of the
European patent in the amended text and sha ll publish the translation of the amended text of
the patent specification.
(4) If the Czech translation of the amended te xt of the European patent specification is
not submitted by the time limit according to the Subsection 3, the European patent shall be
considered in the Czech Republic as null and void from the outset.
(5) If the time limit laid down by the Europe an Patent Convention for filing the notice
of opposition expires without such notice being file d, or if the European patent is not revoked
during the opposition  proceedings, the European patent can be revoked by the Officeaccording to § 23; the Office shall suspend the revocation procedure with regard to  theEuropean patent, if the opposition procedure co ncerning the same matter is pending before
the European Patent Office. If the Eur opean patent was not revoked in the opposition
procedure, the Office shall upon request continue in the revocation procedure.
(6) In the revocation proceedings  the text of the European patent in the language of
the proceedings shall be  authentic.
§35g
(1) The owner of patent shall be obliged to pay yearly fees for the maintaining the
European patent in the Czech Republic (thereinafter “maintenance fees”). The Office shallstipulate the amount of ma intenance fees by decree.
(2) The obligation to pay the maintenance f ees shall arise by the announcement of the
grant of the European patent in the European Patent Bulletin. The maintenance fees shall bepaid to the Office and shall be  payable in advance on the anniversary of the date of filing theapplication. If there is a period shorter than 2 months between the announcement of the grant
of the European patent and the date correspondi ng to the date of filing the application, the
owner of the European patent  shall be obliged to pay the first maintenance fee within 2months from the date of announcement. If th e maintenance fee is not paid within the
prescribed time limit, it can still be validly paid within an additional period of 6 months in thedouble amount.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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(3) The rights of third persons, which after the expiry of the period for payment of the
maintenance fee  without such fee being paid, in  good faith have begun to make a use of the
subject-matter of the invention or  have realized serious and eff ective preparations to such use,
are not affected by the additional payment of the maintenance fee.
_________________
4c) Law № 478/1992 of Coll., Act on Utility Models, as amended by Law № 116/2000 of
Coll.”.
27. After § 35g, the new § 35h to 35o are in serted, which including the denomination
of the Chapter four, titles and footnotes № 4d) to 4f) read as follows:
“CHAPTER FOUR
GRANT OF SUPPLEMENTARY
PROTECTION CERTIFICATES
 FOR MEDICAMENTS  AND PLANT
 PROTECTION  PRODUCTS
§ 35h
           (1) The Office shall grant supplementary protection certificates (thereinafter
“certificates”) for substances protected on the territory of the Czech Republic by the valid
patent, if they are the active substances of  the products which prior being placed on the
market .are subject to the registration according to the special regulations 4)
          (2) The active substance shall mean a chemically manufactured substance or a
combination  of substances, a micro-organism or a combination of micro-organisms, whichhave general or specific therapeutic or preventive effects with regard to human or animaldiseases or which may be administered to the human beings or animals in order to diseasediagnosis, improvement or arrangement of their health condition or which are destined to the
protection of plants or plant products.
(3) The product referred to in Subsecti on 1 shall mean any active substance or a
combination  containing one or more active subs tances put up in the form for being placed on
the market as a medicament 
4e) or a plant protection product. 4f)
§ 35i
Application for a certificate
(1) The application for the grant of the certificate shall be filed by the owner  of the
patent, whose subject-matter is a substance, ex cept for the patent granted according to § 82,
or a method for obtaining a subs tance or a use of a substance as a medicament or as a plant
protection product (thereinafter “basic patent”), or his successor in title.
(2) The application for  a certificate shall be filed within 6 months from the date on
which the decision on the registration of th e product is issued according to special
regulations;  4d)  if  the registration is made prior to the grant of the basic patent, theIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
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application for a certificate shall be filed within the period of 6 months from the date on
which the patent is granted.
(3) The application for a certificate shall contain:
a) a request for the grant of the certificate stating in particular:
1. the name and addre ss of the applicant;
2. the name and address of the representative, if any;
3. the number of the basic patent and the title of the invention;
4. the number and date of the first registration of the product according to special
regulations; 4d)
b) a copy of the decision on the registration of the product issued according to special
regulations, 4d) where the product is identified, incl uding the product data summary, if it is
a medicament;
c) chemical, generic or other terminology enabling to identify the substance protected by the
basic patent with the registered product.
(4) When filing the application for a certificate, the applicant shall pay the
administrative fee according to the special  regulations. 4)
(5) The Office shall record the filing of the application for a certificate to the Patent
Register and publish it in the Bulletin. The publi cation shall contain th e name and address of
the applicant, the number of the basic patent and the title of the invention protected by thepatent, the number and the date of the regist ration, including of the mention of the product,
putting on the market of which  is authorised by means of this registration.
§ 35j
Conditions for the grant of the certificate
The Office shall grant a certificate, if the following conditions are met on the date of filing
the application under § 35i:
a) the basic patent is valid on the territory of the Czech Republic;b) the product contains the active substance pr otected by the basic patent and is validly
registered as a medicament or a plant protection product according to special  regulations;
4d)
c) the certificate has not yet been granted to the substance;d) the registration referred to in the letter b) is the first authorisation to place a medicament
manufactured en masse in the Czech Republic or the first authorisation to place a plantprotection product on the market in the Czech Republic.
§ 35k
Grant of the certificate
(1) If the application for a certificate meet s the conditions laid down in § 35i and the
substance, for which the certificate is applied for meets the conditions laid down  in § 35j, theIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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Office shall grant the certificate and record it in the Patent Register. The certificate shall
contain:
a) the name and address of the owner of the certificate;b) the number of the basic patent and the title of the invention;c) the number and date of the first registration, the authority having issued the decision on the
registration, and the mention of the product,  placing on the market of which is authorised
by means of this registration;
d) the duration of the certificate.
(2) The Office shall publish the grant of the certificate in the Bulletin. The publication
shall contain the data re ferred to in Subsection.
(3) If the application for a certificate does n’t meet conditions laid down in § 35j, the
Office shall invite the applicant to remedy the deficiencies within a set time limit. If theapplicant fails to complete the application within the  set time limit, the Office  shall
terminate the procedure; the applicant sh all be notified about  this consequence.
(4) If conditions for the grant of the certificate are not met, the application for a
certificate shall be rejected.
(5) The Office shall publish the rejection of the application for a certificate and the
termination of the procedure of the grant of the certificate in the Bulletin.; the publicationshall contain the data speci fied in § 35i, Subsection 5.
§ 35l
Subject-matter and effects of the certificate
(1) Within the limits of the protection conferred by the basic patent, the protection by
the certificate shall extend to the chemical substance or a combination of substances, micro-organism or a combination  of micro-organisms, which represent the active substance of theregistered product, as well as to every use of the subject-matter of the patent as a medicament
or plant protection product, which was author ised before the expiry of the certificate.
(2) The certificate shall confer the same rights as conferred by the basic patent; the
certificate shall be subject to the same limitations and the sme obligations.
§ 35m
Duration of the certificate
(1) The certificate shall take effect for a period equal to the period, which elapsed
between the filing date of the  basic patent application and the date of the first registrationenabling to place the product on the market in the Czech Republic as a medicament or plant
protection product, reduced by 5 years, but at  most 5 years from the date, on which the
certificate takes effect.
(2) The certificate shall take effect after the expiry of the lawful term of the basic
patent.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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(3) For maintaining the certificate, the owner shall pay yearly administrative fees
according to the special  regulations. 4)
(4) The rights of third persons, which after the expiry of the period for payment of the
maintenance fee  without such fee being paid,  in good faith have begun to make a use of the
subject-matter of the invention or  have realised serious and effe ctive preparations to use this
invention, are not affected by the paymen t of this fee in the additional time limit.
§ 35n
Lapse of the certificate
(1) The certificate shall lapse
a) by expiry of its duration peri od in terms of § 35m, Subsection 1;
b) if its owner surrenders it;c) if its owner doesn’t pay administrative fees for maintaining the certificate in force;d) if the product may no longer be placed on the market following the revocation or expiry of
the registration;
e) by revocation of the certificate according to § 35o
(2) The Office shall record the lapse of the certificate to the Patent Register and
announce it in the Bulletin.
§ 35o
Revocation of the certificate
(1) The Office shall revoke the certificate, if
a) the conditions for its grant according to § 35j have not been  met;b) the basic patent has lapsed   before its duration period;
c) the basic patent has been re voked or limited to the extent that the substance, for which the
certificate was granted, is no longer protected by the basic patent; it shall apply also incase of  the basic patent revocation, which occurred after its lapse.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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(2) The application for revocation of the certificate may also be submitted  after the
lapse of the basic patent under Subsection 1, if the applicant proves his legal interest.
_____________________
4d) Law № 147/1996 of Coll., Act on Plant Medicine Care and on changes of some relating
Laws.     Law № 79/1997 of Coll., Act on Medicaments a nd on changes and amendment of some
relating Laws.
4e) § 2, Subsection 1 of the Law № 79/1997 of Coll.
4e) § 2, Subsection 7 of the Law № 147/1996 of Coll.”.
28. In § 48, the new Subsection 3 is added, having the following wording:
“(3) The right of  priority under Subsecti on 2 can be claimed, if  the industrial design
application is filed in the state or for the st ate, which is a  party to the Paris Convention 3) or a
member of the World Trade Organisation. 4b) If the state, where the first filing of the
industrial design application was made,  is neither a  pa rty to the Paris Convention, 3) nor a
member of the World Trade Organisation, 4b) the right of priority from this filing can only be
granted on condition of reciprocity.”.
29. In § 63, at the end of the Subsection 1, the following sentence is added: “The
proceedings before the Office  shall be in the Czech language.”.
30. In § 63, Subsection 2, the text “35f, 35o,”  is inserted after the number “23”.
31. In § 63, at the end of the Subsection 2, the following sentence is added: “The
caution shall amount  to 2 500 K č.”.
32. In § 67, the Subsection 2 is deleted as well as the denomination of the Subsection
1.
33. In § 68, the Subsection 3 is deleted  including the footnote № 6).
34. In § 69, after the Subsection 1, the new Subsection 2 is inserted, which reads:
“(2) The Office shall keep the Register of the European Patents valid on the territory
of the Czech Republic. The Subsection 1 shall apply to entries in the Register of theEuropean Patents.”.
The existing Section 2 is deno minated as the Subsection 3.
35. § 70 inclusive of the title and the footnote № 7 reads:
“§ 70
Representation
Persons not having the domicile of hea dquarters on the territory of the Czech
Republic, shall be represented in the proceedings before the Office by a representativeIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
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according to the special regulations.7) This shall apply also for filing of translations in terms
of the Chapter three.
____________________
7) Law № 237/1991 of Coll., Act on Patent A ttorneys, as amended by Law № 14/1993 of
Coll.
    Law № 85/1996 of Coll., Act on Legal Pr ofession, as amended by Law № 210/1999 of
Coll.”.
36. § 71 reads:
“§ 71
This Act shall apply also to the  procedur es on inventions, which are kept secret in
terms of the special regulations  4a) or international agreement, by which the Czech Republic
is bound, except  publication thereof.”.
37. In § 75, after the Subsection 1, the new Subsection 2 is inserted, which reads as
follows:
“(2) The damaged party may request that the court order to the threatener or infringer
of the rights to destroy products, the produc tion or placing on the market of which has
threatened or infringed the right protected by this Act, or to destroy the material andimplements  having been intended or used exclusively or predominantly in activities,threatening  or infringing rights protected by this Act. The court shall not order thedestruction, if the products in question are not property of the person, against which the
proposal is directed or if the threat or infri ngement of the right could be removed otherwise
and the destruction wouldn’t be  in proportionality with the threat or infringement.”.
The existing Subsection 2 is de nominated as the Subsection 3.
38. After § 75, the new § 75a and 75b, which in clusive of the title have the following
wording:
“§ 75a
Right of information
The holder of the right protected by this Act shall have towards everybody, who
threatens  or infringes his rights, the right to  be informed about the source of the product
including information concerning placing of pr oducts on the market; the court shall not grant
the right of information, if there is no proportionalit y in relation to the severity of the threat or
infringement.
§ 75b
(1) If a preliminary measure is requested in  proceedings concerning the infringement
of right to the invention or i ndustrial design, the court can orde r the plaintiff  to provide a
security, sufficient  to indemnify the defendant and to prevent the misuse of the protectiongranted to the owner of pate nt or  industrial design.
(2) The court, which is competent to order  a preliminary measure eitherIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
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a) orders the plaintiff to provide  the security under the Subsection  within 7  days as from the
filing date of the request and decides upon th e request for a preliminary measure within 7
days  from the date on which the court finds th at the plaintiff has provided the security, or
b) decides on the request for the preliminary measure within 7 days at the latest from the
filing date of the request.”.
39. In § 76, the Subsection 1 reads:
“(1) Persons having their do micile of headquarters on the te rritory of the state, which
is a party to the Paris Convention 3) or a member of the World Trade Organisation, 4b)
shall enjoy the equal rights as nationals of the Czech  Republic.”.
40. In § 82, Subsection 3 letter b), the word “Czechoslovak” is replaced by the word
“Czech”.
41. In § 88, at the end of the Subsection 1, the following sentence is added: “The
Office shall set out by a Decree  the amount of the maintenance fees.”
42. In § 88, the Subsections 2 and 3 are can celled as well as the denomination of the
Subsection 1.
43. In § 5, Subsection 3, the first sentence, § 11, Subsection 4, the first sentence, § 18,
letters a) and b), § 24, Subsection 2, § 38, 41, 49, § 82, Subsection 1, § 82, Subsection 3 letter
b), and § 82, Subsection 3 letter c), the words “to the Czech and Slovak Federal Republic” are
replaced by the words “to the Czech Republic”.  In § 18, letter a) and § 76, Subsection 2, the
words “Czech and Slovak Federal Republic” are replaced by the words “Czech Republic”.
44. In § 2, the words “Federal Office for Inventions” are replaced by the words “
Industrial Property Office ”.  In § 11, Subsec tion 2, the words “of the Federal Office for
Inventions” are replaced by the words “ Industrial Property Office ”.
45. In § 24, Section 2, the words “Czechosl ovak persons” are replaced by the words
“citizens of the Czech Republic”.
PART TWO
Amendment to Act on Utility Models
Article II
The Law № 478/1992 of Coll., Act on Utility M odels, is amended as follows:
1. In § 7, the words “Federal Office for Inventions” are replaced by the words “
Industrial Property Office”.  In § 8, Section 5, the words “of the Federal Office forInventions” are replaced by the words “ Industrial Property Office ”.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
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2. In § 9, in the first sentence of the Section 2, after the words “under ”, the words
“international treaty” are replaced by  words, which inclusive of footnote № 1) read as
follows: “the Paris Convention on the Protection of Industrial Property  (thereinafter “Paris
Convention”) 1)
___________________
1) Paris Convention on the Protection of Indus trial Property of 20 March 1883, revised in
Brussels 14 December 1900, in Washington 2 June 1911, in the  Hague 6 November1925, in London 2 June 1934, in Lisbon 31 October 1958, and Stockholm 14 July 1967,published under the number 64/1975 of Coll.”.
3. In § 9, the Subsection 3 is added, reading as follows:
“(3) In case of the amendment of the Eu ropean patent application, in which the
protection for the Czech Republic was requested, the applicant may claim his right of priorityfrom the European patent appli cation in relation to the appli cation under § 8. For claiming the
right of priority, the Subsection 2 shall apply mutatis mutandis .”
4. In § 10, Subsection 1, the words “to the Czech and Slovak Federal Republic” are
replaced by the words “to the Czech Republic”.
5. After § 10, the new § 10a is inserted, havi ng inclusive of the title and the footnote
№ 2a) the following wording:
“§ 10a
Conversion of the European patent  application to the application
(1) At request by the applicant of the Eu ropean patent appli cation, filed under the
Article 136 Subsection 2 of the European Patent Convention, the Office shall begin
proceedings on the European patent application as on the application.
(2) If the application has been filed under the Subsection 1, the Office shall invite the
applicant to pay within 3 months the filing fee in accordance with the special regulations 
2a)
and to provide the translation of the European  patent application to the Czech language in
three copies.
(3) If the applicant meets the conditi ons under the Subsection 2 and the Office
receives the application for the conversion of the European patent application within 20months from the date of the priority right, the Office shall accord the right of priority to thenational application from the Europ ean patent application as filed..
___________________
2a) Law № 368/1992 of Coll., Act on Administrative Fees, as amended.”.
6. § 14 is deleted.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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7. In § 15, Subsection 1, after the number “1 0” the text in parentheses “and 10a” is
added.
8. In § 17, Subsection 1, letter b), after the word “by the patent” the words “with
effects on the territory of the Czech Republic” are inserted.
9. In § 17, Subsection 1, the letter c) is deleted.
The existing letter d) is denominated as the letter c).
10. In § 17, after the Subsection 1 the next  Subsection 3 is inserted having the
following wording:
“(3) If the grounds for the cancellation only re late to the part of the utility model, the
utility model shall be cancelled partially.”.
The existing Subsection 3 is de nominated as the Subsection 4.
11. In § 18, at the end of the Subsection 2, the following sentence is added: “The
reasons of the cancellation including the indication of evidences, to that the applicationrefers, cannot be additionally amended.”.
12. In § 18, the Subsection 5 reads:“(5) If the owner of the utility model submits his comments as to the  proposal for
cancellation of  the utility design within the stated time limit, the Office shall decide on theproposal. The party of the procedure, which is not successful in the matter, shall pay the
administrative fee for the procedure of the cancellation of the utility model, in accordancewith the special regulations 
2a)”.,
13. In § 18, the Subsections 6 and 7 are deleted.14. In § 21, Subsection 2, after the words “in fringement of rights” the words  “ the
right of the information and for granting of compulsory licences” are inserted.
15. In § 21, Subsection 3, the reference to the footnote № 5 )  i s  r e p l a c e d  b y  t h e
reference to the footnote № 2a) and the footnote № 5) is deletedIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
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Article III
Transitional provisions
1. The right of priority from the European  patent application under § 9, Subsection 3
can be claimed after the accession of the Czech  Republic to the Europe an Patent Convention.
2. The application for the conversion of th e European patent application to the
application under § 10a can be filed after the accession of the Czech Republic to the
European Patent Convention.
3. The reimbursement of costs necessary to the efficient enforcement or defence of the
right according to § 18, Subsection 7 can only be claimed  within the procedure of the
cancellation of the utility model commenced before the date of the entry into force of thisAct.
PART THREE
Amendment to the Act on Pr otection of Topographies
of Semiconductor Products
Article IV
The Law № 529/1991 of Coll., Act on Protection of Topographies of Semiconductor
Products, is amended as follows:
1. In § 2, the Subsection 3 in following wording is added:“(3) For the purposes of this Act, the commercial exploitation shall mean the sale,
rental, leasing, offer or any other method of commercial distribution of the topography or of
the semiconductor product containing the topogr aphy or of the product containing the
semiconductor product.”.
2. In § 5 and § 8, Subsection 1, the words “o f the Federal Office for Inventions” are
replaced by the words “the Industrial Property Office ”.
3. § 6 inclusive of the footnote № 1a) reads:
“§ 6
(1) The nationals of the Czech Republic, as well as persons having their residence or
headquarters on the territory of a state bein g member of the World Trade Organisation, 
1a)
can claim their right of protection;  if the state, where the applicant has his residence orheadquarters  is not member of  the World Trade Organisation, 
1a) the right of protection can
only be awarded on condition of the reciprocity.
(2) If the persons referred to in § 3 don’t claim the right of protection, it can be
claimed  by persons, who with the exclusively au thorisation by the person referred to in § 3
have exploited as the first in the Czech Republic the topography, which has not yet been
exploited anywhere in the world.
_______________
1a) Convention on the creation of World Trad e Organisation (WTO), published under the
number 191/1995 of Coll.”.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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4. In § 8, at the end of the Subsection 3, the following sentence is added, which
inclusive of the footnote № 1b) reads: “The Office can only make available  documents
containing a trade secret, 1b) to third persons, if they are involved in the procedure on the
cancellation of the topography from the Register according to § 13, or based on the order of acourt, if they are involved in the procedur e on the infringement of rights under   § 10.
_______________
1a) §§ 17 to 20 of the Civil Code.”.
5. In § 9, Subsection 2, the words “this prot ection” are inserted after the words “in
which”.
6. In § 10, at the end of the Subsection 1, the words “or to import them for this
purpose” are added.
7. In § 10, the Subsection 3 is added, having the following wording:“(3) If the owner of the topography proves that a third person, before the date referred
to in § 9 Subsection 1, fraudulently reproduce d, commercially exploited, or imported the
topography for these purposes, he shall be en titled to seek compensation against the third
person.”.
8. In § 11, Subsection 2, the words “or there is a reasonable ground  to believe that he
can have known” are inserted after the words “knows”.
9. § 12. is deleted.10. In § 14, the Subsection 8 is deleted.11. In § 18, Subsection 2, the words “registr ation of licence agreements” are replaced
by the words “compulsory licences and licence contracts”, after the words “appealprocedure”, the conjunction “and” is replaced by the comma and after the words“infringement of rights” the words “and the right of information” are inserted.
12. The footnote № 2) reads:
___________________
“
2) § 14 to 16, 20, 64, 68, 70, 71 and § 75, Subsection 1, § 75a and 75b of the Law №
527/1990 of Coll. Act on Inventions, Industria l Designs and Rationa lisation proposals, as
amended by the Law № 519/1991 of Coll.”
13. The footnote № 3) reads:
___________________
“3) Law № 368/1992 of Coll., Act on Administrative Fees, as amended.”.
Article V
Transitional  provisions
The reimbursement of costs necessary to the efficient enforcement or defence of the
right according to § 14, Subsection 8 can only be claimed  within the procedure of the
topography cancellation commenced before the da te of the entry into force of this Act.
PART FOURIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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Amendment to the Act on Trademarks
Article VI
The Law № 137/1995 of Coll., Act on Trademarks, as amended by the Law №
191/1999 of Coll. is amended as follows:
1. In § 2, Subsection 1, the letter c) reads:
“c) a sign that consists exclusively of signs or indications, serving in trade to designate  the
kind, quality, quantity, intended purpose, value or other characteristics of the goods or
services, of indications of the geographical origin or the time of production of the goods
or rendering of the service,”.
2. In § 2, at the end of the Subsection 1, th e full stop is replaced by the comma and
letters i) and j) are added, which have the following wording:
“i)  a denomination containing the sign of a hi gh symbolic value, namely religious symbols,
  j) a denomination applied fo r wines or spirits, containing the geographical indication,  with
respect to the wines and spirits not having that geographical origin.”.
3. In § 2, Subsection 2, the words “at least two years” are deleted.
4. In § 3, at the end of the Subsection 1, th e following sentence is added: “The sign
can be registered, if the trademark owner or applicant with the earlier right of priority grant awritten consent to the registration of the sign in the Trademark Register.”.
5. In § 6, in the first sentence of the S ubsection 2, the words “of an international
treaty, 
2)” are replaced by words, which inclusive of footnote № 2) read as follows: “of the
Paris Convention on the Protecti on of Industrial Property  (the reinafter “Paris Convention”) 2)
___________________
2) Paris Convention on the Protection of Indus trial Property of 20 March 1883, revised in
Brussels 14 December 1900, in Washington 2 June 1911, in Haag 6 November 1925, inLondon 2 June 1934, in Lisbon 31 October 1958, and Stockholm 14 July 1967, publishedunder the number 64/1975 of Coll.”.
6. In § 6, at the end of the Subsection 2, the following sentence is added, which
including the footnote № 2a) reads: “The right of priority can be claimed from the trademark
application, in which the protection is de manded in the member state of the Paris
Convention
2) or in member state of the World Trade Organisation. 2a) If the state, where theIP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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first filing of the trademark application is ma de, is neither party to the Paris Convention2), nor
member of the World Trade Organisation, 2a) the right of priority can be only be awarded on
condition of the reciprocity.
____________________
2a) Notification № 191/1995 of Coll., on the conclusion of  the Convention on the constitution
of World Trade Organisation (WTO).”.
7. In § 9, Subsection 1, the letter b) reads:
“b) the owner  of the earlier identical or confusingly similar trademark, which in terms of the
Paris Convention3) or as a consequence of the promoti on of this trademark in the relevant
circles of the public in the Czech Republic  has become well-known in relation to the
owner and his goods or services (t hereinafter “ well-known trademark”),”.
8. In § 9, after the Subsection 1, the new Subsection 2 is inserted, which reads as
follows:
“(2) The Office shall not take into cons ideration the opposition filed after the expiry
of the time limit laid down in the Subsection 1; this shall also apply to the evidencesupporting the opposition.”.
The existing Subsection 2 is de nominated as the Subsection 3.
9. In § 14, Subsection 2, at the end of the firs t sentence, the full stop is replaced by the
semicolon and the following words are inserted: “the court shall not adjudicate the right ofinformation, if it were in disp roportion  with the seriousness of the threat or infringement.”.
10. In § 15, at the end of the Subsection 1, the following sentences are added: “The
trademark owner  can request that the court order to the threatening or infringing  person todestroy the goods, the production or placing on the market  of which  threatened or infringed
the right protected by this Act, or to destroy the material and implements intended to or usedexclusively or predominantly in activities, threatening or infringing rights protected by thisAct. The court shall not order the destruction, if  the goods in question are not  the property  of
the person, against which the application is direct ed or if the threat or infringement of the
right could be removed otherw ise and the destruction wouldn’ t be reasonable in comparison
with the threat or infringement. The removal of  the sign or counterfeited trademark from the
goods before placing it on the market is  only admissible  in exceptional cases.”.
11. In § 16, the Subsections 4 and 5 are added, which read as follows:“(4) The owner of a trademark  shall  acquiesce the further use of the identical or
confusingly similar trademark with the posterior right of priority, if he has acquiesced thisuse during the period of 5 years since the day, when he got knowledge about this use, unless
the application of the posterior trad emark was not submitted in good faith.
(5) The owner of a trademark  with the posterior right of priority is not entitled to
prohibit  the use of the identical or confusingly similar trademark with the earlier right ofpriority, even if the owner of a trademark  with the earlier right of priority was not allowed toclaim his rights conferred by the trademark according to the Subsection 4.”.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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12. In § 18, the Subsection 3 reads:
“(3) The licence contract shall be effective in respect to the third persons by the entry
to the Trademark Register; the owner of the trademark  is obliged to ask the Office for theregistration.”.
13. In § 19, in the last sentence of the Subsec tion 1, the words “in relation to the  third
persons” are inserted after the words “shall be effective”.
14. In § 25, at the end of the Subsection 1, the full stop is replaced by semicolon and
the following text is added: “the use of th e trademark, which began or continued after the
expiry of 5 years of  its non-use, but in th e period of 3 months before the commencement of
the cancellation procedure, shall not be  taken in to consideration. As the use of the trademark,
it shall be also considered  its use in the form, which differs from the mark as registered indetails not amending its distinc tiveness, or the placing of the mark on goods or their packages
exclusively for exportation purposes.”.
15. In § 26, in the first sentence of the Subs ection 2, the following words “, as it takes
unfair advantage of the distinctiveness or reput ation of a well-known trad emark or it is liable
to detract from it” are deleted.
16. In § 35, the Subsection 2 reads:“(2) Persons having their residence of h eadquarters  on the territory of the member
state of the Paris Convention 
2) or in the state, which is member of the World Trade
Organisation, 2a) shall enjoy  the equal rights as persons having their residence of
headquarters on the territory of the Czech Repub lic; if the state, in which the person has its
residence of headquarters, is neith er party to the Paris Convention, 2) nor a member of the
World Trade Organisation, 2a) the rights according this Act can be awarded only on condition
of the reciprocity.”.
17. In § 38, the second sentence of the Subsection 7 is deleted.
Article VII
Transitional  provisions
1. The fact that the trade mark is well-know n in terms of this Act can be claimed in
the opposition procedure, only if the period fo r filing the opposition is opened, and in the
cancellation  procedure commenced after the date of the entry into force of this Act.
2. The application for the cancellation of the trademark, which is registered contrary
to § 2, Subsection 1 letter i) and j) of the Law № 137/1995 of Coll., can be filed only in
relation to the trademarks applied for  after the date of the entry into force of  this Act, unlessthe applicant was not in good faith.IP/N/1/CZE/I/1/Add.1, IP/N/1/CZE/I/3/Add.1,
IP/N/1/CZE/L /1/Add.1, IP/N/1 /CZE/T/1/Add.1
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PART FIVE
GENERAL, TRANSITIONAL AND FINAL
 PROVISIONS
Article VIII
1. If it is not thereinafter stipulated otherwise, the Act shall also apply to the relations
created before the date of the entry into force of the Act. The creation of the relations shall beconsidered under the so far existing regulations.
2. The legal effects of the acts in pending procedures, which occurred before the
effect of this Act, remain in-affected.
3. The pending procedures will be finished in accordance with the Act.
Article IX
The Prime Minister is authorized to pronounce the integral texts of the Law №
527/1990 of Coll., Act on Inventions, Industrial Designs and Rationalis ation proposals, Law
№ 478/1992 of Coll., Act on Utility models, Law № 529/1991 of Coll., Act on Protection of
Topography of Semiconduc tor Products, and Law № 137/1995 of Coll., Act on Trademarks,
as amended.
PART SIX
 ENTRY INTO FORCE
Article X
This Act shall enter into force on the date  of the publication, except for the provisions
of the Article I, § 24, Subsecti on 3, Article I, clause 26, Artic le II, clauses 3, 5 and 7 and
Article III, clauses 1 and 2, whic h shall enter into force on 1
st July 2002.
Klaus in his own hand
Havel in his own hand
Zeman in his own hand
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