WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/CZE/E/3 
31 January 2005 
 (05-0410) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
CZECH REPUBLIC 
 
 The present document reproduces the text1 of Law No. 358/2004 Coll. of 9 June 2004, which 
promulgates full wording of Act No. 191/1999 Coll. of 29 July 1999 on measures concerning entry, export and 
re-export of goods infringing certain intellectual property rights, and on amendment to some other laws (see 
document IP/N/1/CZE/E/1), as it follows from amendments brought by Act No. 121/2000 Coll., Act 
No. 260/2002 Coll. (see document IP/N/1/CZE/E/2) and Act No. 255/2004 Coll. of 13 April 2004, notified by the Delegation of the Czech Republic by mean s of a communication dated 28 December 2004. 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATI ONS CONSACRÉES À LA PROPRIÉTÉ 
INTELLECTUELLE NOTIFIÉES AU TITRE DE  L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE TCHÈQUE 
 
 Le présent document contient le texte1 de la Loi n° 358/2004 du 9 juin 2004, portant promulgation du 
texte intégral de la Loi n° 191/1999 du 29 juillet 1999 relative aux mesures concernant l'entrée, l'exportation et 
la réexportation de marchandises qui portent atteinte à certains droits de propriété intellectuelle, et modifiant d'autres lois (voir le document IP/N/1/CZE/E/1), te l qu'il résulte des modifications apportées par la Loi 
n° 121/2000, la Loi n° 260/2002 (voir le document IP/N/1/CZE/E/2) et la Loi n° 255/2004 du 13 avril 2004, notifié par la délégation de la République tchèque dans une communication datée du 28 décembre 2004. 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio   
 
 
PRINCIPALES LEYES Y REGLAMENTOS DE DICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA CHECA 
 
 En el presente documento se reproduce el texto1 de la Ley N° 358/2004 de fecha 9 de junio de 2004, 
por la que se promulga el texto completo de la Ley N° 191/1999 de 29 de julio de 1999 relativa a medidas para 
la entrada, exportación y reexportación  de bienes que infringen determinados derechos de propiedad intelectual, 
y que modifica otras leyes (véase el documento IP/N/1/CZE/E/1), que es el resultado de las modificaciones incorporadas por la Ley Nº 121/2000, la Ley Nº 260/2002 (véase el documento IP/N/1/CZE/E/2) y la Ley 
Nº 255/2004 de 13 de abril de 2004, que la Delegación de la República Checa notificó mediante una 
comunicación de fecha 28 de diciembre de 2004. 
                                                      
 1 In English only. The text in the original language will be av ailable for consultation by inte rested Delegations at the WTO 
Secretariat./En anglais seulement.  Les dé légations intéressées pourront consulter le texte dans sa langue d'origine, au Secrétariat de 
l'OMC./En inglés solamente.  Las delegacione s interesadas podrán consultar en la Secretar ía de la OMC el texto en su idioma ori ginal. IP/N/1/CZE/E/3 
Page 2  
 
                                                     358 
THE PRIME MINISTER OF THE GOVERNMENT 
promulgates 
full wording of Act No. 191/1999 Coll. 
on measures concerning import, export and re-export of goods infringing certain intellectual 
property rights and on amendment to some other laws, as it follows from amendments brought 
by Act No. 121/2000 Coll., Act No. 260/2002 Coll., and Act No. 255/2004 Coll. 
 
ACT 
on measures concerning import, export a nd re-export of goods infringing certain 
intellectual property rights 
 
The Parliament has passed the follo wing Act of the Czech Republic: 
 
Art. I 
PART ONE 
RECITALS 
Section 1 
(1) This Act stipulates the conditions, under which the customs offi ce intervenes against 
persons who own, hold, store or sell goods, whose manufacture or modification infringed intellectual 
property rights in the customs territory of the European Communities (hereinafter the “Communities”) 
pursuant to the directly binding legal regulation of the European Communities.2) 
(2) This Act also stipulates the conditions, unde r which the customs office is authorized to 
a) detain goods, with respect to which it has jus tified suspicion that intellectual property rights 
have been infringed in manufacture or modification thereof; 
b) provide for destruction of goods; 
c) remove goods from trading or other manageme nt, with respect to goods that have been 
recognized by the court as goods, whose manufacture or modification infringed intellectual property rights; or 
d) hear misdemeanors and administrative torts in case of violation of this Act. 
 
Section 2 
Definitions 
For the purposes of this Act, the following terms shall have the corresponding meanings: 
a) action by a customs office shall mean acts carri ed out by the customs office pursuant to this 
Act; 
b) humanitarian purposes shall mean activities carried  out with the objective to provide for basic 
needs of the people that are in a difficult situ ation or that have been affected by an 
extraordinary event, where use of extraordinary material resources is justified. 
 
2) Council Regulation (EC) No 3295/94 of 22 December 1994 laying do wn measures to pr ohibit the release 
for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods, 
published in EC Official Jour nal L 341 on 31 December 1994, pp. 8 – 13, as amended by Council 
Regulation (EC) No. 241/1999, published in EC Official Journal L 027 2 February 1999, pp. 1 – 5.  
 Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods 
suspected of infringing certain intellectual property rights and the measures to be taken against goods found 
to have infringed such rights, published in EC Official Journal EC L 196, pp. 7—14.  IP/N/1/CZE/E/3 
 Page 3 
 
 
                                                     Section 3 
repealed 
 
PART TWO 
SUBMITTING APPLICATIONS FOR ACTION BY CUSTOMS OFFICE 
Section 4 
Submitting Application for Action by Cu stoms office and Reimbursement of Costs 
(1) The right-holder3) shall submit an application for action by the customs office (hereinafter 
an “application”) to the Customs Directorate in Hradec Králové (hereinafter the “customs 
directorate”), which shall make a decision on approving or dismissing the application. In case of approval of an application, the customs directorate shall promptly notify the customs office that is to 
perform the action and send this decision, as well as a decision on dismissal of an application, to the 
right-holder. 
(2) An application shall be submitted on the prescribed form.4) 
(3) If the proceedings initiated pursuant to S ection 11 are discontinued owing to an act or 
omission of the right-holder or if it is subsequently found that the relevant goods are not goods, whose manufacture infringed intellectual property rights, or if the right-holder uses information specified in 
Section 11 (1) for purposes other than lodging a court action for determination pursuant to the Civil Code or to exercise the right pursuant to Section 14 (1), the right-holder shall bear liability towards 
the persons involved in the action
5) and reimburse all the costs connected with maintaining the goods 
under customs supervision. If it is found pursuant to the first sentence hereof that the relevant goods 
are goods, whose manufacture infringed intellectual prope rty rights, such costs shall be reimbursed by 
the importer, in case of import, by the exporter, in  case of export or re-export, and by the owner or 
holder of goods, in other cases. The customs directorate shall send to the right-holder in writing or, if requested by the right-holder, by electronic m eans, a notice signed pursuant to a special law,
6) 
including specification of the amount that he is obliged to reimburse on the basis of a declaration7) 
made in writing or by electronic means, with specification of the number of the account, into which the amount is to be paid. 
Sections 5 to 8 
repealed 
 
PART THREE 
DETECTION OF GOODS, WHOSE MANUFACTURE OR MODIFICATION INFRINGED 
INTELLECTUAL PROPERTY RIGHTS, IN PERFORMANCE OF CUSTOMS 
SUPERVISION 
Section 9 
(1) The customs office that has detained  goods during the performance of customs 
supervision8) at a time, when an application has not yet been submitted, shall promptly notify the 
right-holder, if he is known to the authority, in writing or by electronic means, of the established potential infringement of his right so that he can  submit an application pursuant to Section 4 and 
provide him with information that is related exclus ively to the actual or expected amount of the goods 
 
3) Art. 2 (2) of Council Regulation (EC) No. 1383/2003. 
4) Art. 5 (5) of Council Regulation (EC)  No. 1383/2003. 
5) Art. 6 (1) of Council Regulation (EC)  No. 1383/2003. 
6) Act No. 227/2000 Coll., on electronic signature and on amendment to some other laws (Electronic 
Signature Act), as amended. 
7) Article 6 of Council Regulation (EC)  No. 1383/2003. 
8) Art. 4 (13) of Council Regulation (EEC) No. 2913 /92 of 12 October 1992 establishing the Community 
Customs Code IP/N/1/CZE/E/3 
Page 4  
 
                                                     and their nature. This procedure shall apply to a case where goods are submitted to the customs office 
by some other body pursuant to the special regulation9) mutatis mutandis.  
(2) The customs office may detain goods pursuant to paragraph 1 above held by a person, with 
whom they were found, without respect to third-part y rights. The customs office shall issue a decision 
on the detention of goods and deliver it to the pe rson holding the detained goods. The person holding 
the detained goods may lodge an appeal against a d ecision on the detention of goods within the period 
of time stipulated in the decision, for which the goods were detained, from the date of delivery. 
(3) The customs office may leave the detained goods with the person holding the goods 
detained through a decision, and order that this pe rson may not use, alienate or otherwise manage 
these goods. Acts carried out at variance with this prohibition shall be void. 
(4) A person, to whom a decision on the detention of goods has been delivered, shall be obliged 
to submit these goods to the customs office. If the detained goods are not submitted to the customs 
office on its request, they may be withdrawn from the person, who currently holds the goods. An 
official protocol shall be drawn up of submitting or withdrawal of goods and this protocol shall be 
signed by two customs officers and the person,  who submitted the goods or from whom the goods 
were withdrawn, as appropriate, and it shall include  specification of the number and description of the 
goods. The customs office shall deliver to the pe rson, who submitted the goo ds or from whom the 
goods were withdrawn, as appropriate, a c ounterpart of the official protocol. 
(5) If a sanction of forfeiture or a protective me asure of confiscation of the detained goods 
cannot be imposed within the proceedings on a misd emeanor or the proceedings on an administrative 
tort, or if a decision cannot be made on their dest ruction pursuant to Section 14, the goods shall be 
returned to the person, from whom they were de tained. If another person exercises the right to the 
detained goods and the customs office has doubts as to whether this person or the person, from whom the goods were detained, is the owner of the goods, it shall propose to these persons that they enforce 
their claims with the courts within a deadline stipulated by the customs office for this purpose. 
 
Section 10 
repealed 
 
PART FOUR 
CONDITIONS FOR ACTION BY CUSTOMS OFFICE 
Section 11 
(1) The customs office, to which the customs di rectorate has delivered a decision on approval 
of an application and that has detained goods, sha ll send to the right-holder, on his request, in writing 
or by electronic means, a notice including the name  or names, as appropriate, surname and permanent 
address, or the name or commercial name and registered office, name or names, as appropriate of a natural person, who operates a business, and permanent address, of the declarant, owner or holder of 
the goods, and, if known to it, also the name, surname and permanent address, or the name or 
commercial name and registered office of the cons ignee and the consignor, as well as information on 
the origin and provenance of the goods, whose ma nufacture or modification infringed intellectual 
property rights, so that he can protect his right.
10) 
(2) The customs office may submit or send the taken samples to the right-holder on his explicit 
request only for the purposes of analysis and facilitation of further proceedings.11) 
 
9) E.g. Section 23 (8) of Act No. 634/1992 Coll., on the protection of consumers, as amended. 
10) Art. 9 (3), Art. 10 and 11, and Art. 13 (1) of Council Regulation (EC)  No. 1383/2003. 
11) Art. 9 (3), second subparagraph of Council Regulation (EC)  No. 1383/2003.  IP/N/1/CZE/E/3 
 Page 5 
 
 
                                                     (3) The right-holder shall be obliged to notify the customs office in writing or by electronic 
means forthwith of commencement of proceedings  on determination whether the goods involved are 
goods, whose manufacture or modification infringed intellectual property rights.12) 
 
Section 12 
repealed 
 
Section 13 
(1) If detained goods are to be stored until th eir release into the proposed customs procedure,13) 
the conditions for temporary storage of goods14) shall apply mutatis mutandis . 
(2) If a security15) is to be provided, this security may be provided in cash into the account of 
the customs office or may be replaced by a bank guarantee.16) Submission of a cheque, whose 
payment is guaranteed by a bank, shall be considered to be provision of cash into the account of the 
customs office. 
 
Section 14 
Management of Goods, Whose Manufacture or Modification Infringed Intellectual Property 
Rights 
(1) If goods, whose manufacture or modification infringed intellectual property rights of the 
holder, have been detained, the customs office shall make a decision, on request of the owner, of 
destruction of the goods and provide for the dest ruction under the supervision of three customs 
officers. An official protocol shall be drawn up of the destruction, which shall be signed by all three 
customs officers and which shall also include specification of the amount and description of the goods, without there being any need to further determine, whether an intellectual property right has been actually infringed,
17) under the precondition that 
a) the right-holder notifies the customs office in writing or by electronic means within ten working 
days, or three working days in the case of perishable goods, of receipt of the notification of detention of the goods, that the goods concer ned are goods, whose manufacture or modification 
infringed intellectual property rights, and provide the customs office with an agreement, made 
in writing or by electronic means, of the declarant,
18) the owner or the holder of the goods with 
destruction of the goods; with the agreement of the customs office, this information may be provided directly to customs office by the decl arant, the owner or the holder of the goods in 
writing or by electronic means. This agreemen t shall be presumed to be accepted when the 
declarant, the owner or the holder of the goods has not specifically raised objections against destruction within the prescribed period. This pe riod may be extended by a further ten working 
days where circumstances warrant it; 
b) samples shall be taken prior to destruction an d the customs office shall store these samples so 
that they can be used as evidence in  court proceedings, if appropriate; 
c) destruction shall be carried out at the expen se and under the responsibility of the declarant, the 
owner or the holder of the goods. 
 
12) Art. 10, second subparagraph of Council Regulation (EC)  No. 1383/2003. 
13) Art. 14 (1) and Art. 15 of Council Regulation (EC)  No. 1383/2003. 
14) Articles 50 to 53 of Council Regulation (EEC)  No. 2913/92. 
15) Art. 14 (2) of Council Regulation (EC)  No. 1383/2003. 
16) Sections 313 to 332 of the Commercial Code. 
17) Article 11 of Council Regulation (EC)  No. 1383/2003. 
18) Art. 4 (18) of Council Regulation (EC)  No. 2913/92, as amended. IP/N/1/CZE/E/3 
Page 6  
 
                                                     (2) If the court makes a final decision that the goods concerned are goods, whose manufacture 
or modification infringed intellectual property rights,19) or with respect to goods, whose manufacture 
or modification infringed intellectual property rights and that have been abandoned in favor of the 
state and that have not been destroyed by th e declarant, the owner or the holder himself,20) and if a 
decision has not been made on forfeiture or confiscation of these goods, the customs office shall provide for destruction of these goods at the expense of  the declarant, the owner or the holder of the 
goods. If the owner or the holder of the goods, whose manufacture or modification infringed 
intellectual property rights, is not known to the cust oms office or if his identity is not determined, the 
customs office shall provide for their destruction at the expense of the right-holder. 
(3) If the court makes a final decision that, prior to further management of counterfeit goods,21) 
it will suffice to remove trademarks from these goods,22) the customs office shall provide for their 
removal and destruction at the expense of the declarant, the owner or the holder of the goods. If forfeiture or confiscation of the counterfeit goods w as imposed in the given case, the customs office 
shall provide for removal of the trademarks under th e conditions specified in paragraph 4 (a) and their 
destruction pursuant to paragraph 4 (c) hereof. 
(4) At the expense of the person, who has comm itted a misdemeanor or administrative tort, the 
customs office shall provide 
a) with the consent of the right-holder made in writing or by electronic means, for removal of the 
trademarks from the forfeited or confiscated counterfeit goods according to the court decision, 
so that they can be managed in a manner other than their sale; 
b) with the consent of the right-holder made in writing or by electronic means,5) for other 
modifications to the forfeited or confiscated counterfeit goods, unless this changes the nature of the goods, so that they can be managed in a manner other than their sale; 
c) for destruction of the forfeited or conf iscated counterfeit goods, whose manufacture or 
modification infringed intellectual property rights, of the trademarks removed pursuant to subparagraph a) above, and of waste and remai nders produced in other modifications pursuant 
to subparagraph b) above. 
(5) If a person, who has violated the Act in one of the manners specified in Sections 15 and 23, 
is not known or if this person could not be punished, the customs office shall provide for destruction of the goods, whose manufacture or modification infringed intellectual property rights and which 
were confiscated within the proceedings on a misdemeanor or within the proceedings on an 
administrative tort, as appropriate, at the expense of the right-holder. 
(6) According to information prov ided by the customs office, on the basis of a final decision on 
forfeiture or confiscation of counterfeit goods, and pr ovided that the right-holder grants his consent to 
the use of counterfeit goods modified pursuant to paragraph 4 above for humanitarian purposes in 
writing or by electronic means, the customs direct orate shall decide, which validly forfeited or 
confiscated counterfeit goods are suitable for securi ng humanitarian needs and which of these goods 
could be transferred free-of-charge for humanitarian  purposes to a beneficiary specified in paragraph 
7 hereof under the conditions stipulated  by this Act and special regulations.23) Counterfeit goods that 
are clearly detrimental to health may not be tr ansferred free-of-charge for humanitarian purposes. 
Counterfeit goods shall be transferred free-of-charge according to the purpose and use or according to the urgency of needs, with respect to the order of received requests. 
 
19) Article 17 of Council Regulation (EC)  No. 1383/2003. 
20) Article 182 of Council Regulation (EEC)  No. 2913/92. 
21) Art. 2 (1) of Council Regulation (EC)  No. 1383/2003. 
22) Article 17 of Council Regulation (EC)  No. 1383/2003. 
23) Act No. 219/2000 Coll., on property of the Czech Republic and acts thereof in legal relations, as amended.  IP/N/1/CZE/E/3 
 Page 7 
 
 
                                                     (7) Beneficiaries may include 
a) organizational units and contributory organiza tions of the state or territorial self-governing 
units, established for the purpose of  providing social care or active in the area of health care or 
education;24) or 
b) other legal persons,25) provided that they meet the following preconditions: 
1. they were not established for the purpose of operating a business; 
2. the object of their activities includes only activities in areas specified in subparagraph a) 
above; 
3. they have been providing humanitarian aid for a period of at least 2 years; and 
4. they prove by means of a certificate of the competent authority that is not older than 3 
months that they have no outstanding taxes, premiums for social security and 
contribution to the state employment policy, including penalties, or payable outstanding premiums for public health insurance, including penalties.
26) For the purposes of this 
Act, payable outstanding premiums for social security and contribution to the state employment policy shall include outstanding premiums including penalties, for which 
payment in installments has been perm itted pursuant to the special regulation.
27) 
(8) The beneficiary shall be obliged to 
a) adopt measures to prevent misuse of counte rfeit goods and their repeated introduction to the 
market; 
b) under the conditions stipulated by the customs directorate and at its own expense, provide for 
removal of trademarks pursuant to paragraph 4 (a) above or other modi fications in a manner 
specified in paragraph 4 (b) above and destru ction of the removed trademarks, waste and 
remainders after these modifications pursuant to paragraph 4 (c) above. 
c) provide for marking of all modified counterfeit goods with the sign “humanitarian” made by an 
irremovable paint in such a manner that the sign is  not clearly visible and thus the dignity of the 
persons using these counterfeit goods is not diminished; 
d) keep records of and store documents on accepta nce of counterfeit goods and of the manner of 
management thereof, for a period of 3 years from th e instant of the transfer free-of-charge; this 
 
24) E.g. Act No. 114/1988 Coll., on the competence of the bodies of the Czech Republic in social security, as 
amended, Act No. 109/2002 Coll., on performance of institutional education or protective education in 
school facilities and on preventative educational care in school facilities and on amendment to other laws, 
Act No. 170/2002 Coll., on war veterans.  
25) E.g. Act No. 248/1995 Coll., on generally beneficial companies and amending and supplementing some 
laws, as amended, Act No. 227/1997 Coll., on foundations and endowment funds and amending and supplementing some related laws, as amended (Act on Foundations and Endowment Funds), as amended by Act No. 210/2002 Coll., Act No. 83/1990 Coll., on association of citizens, as amended, Act No. 3/2002 
Coll., on freedom of religion and the position of churches and religious societies and on amendment to 
some laws (Act on Churches and Religious Societies), as amended by the Award of the Constitutional 
Court published under No. 4/2003 Coll., Act No. 325/1999 Coll., on asylum and on amendment to Act No. 
283/1991 Coll., on the Police of the Czech Republic, as amended, (Asylum Act), as amended. 
26) Act No. 337/1992 Coll., on administration of taxes and fees, as amended. 
Act No. 589/1992 Coll., on premiums for social security and contribution to the state employment 
policy, as amended. 
Act No. 48/1997 Coll., on public health insurance, as amended. 
Act No. 592/1992 Coll., on premiums for general health insurance, as amended. 
27) Section 20a of Act No. 589/1992 Coll., as amended. IP/N/1/CZE/E/3 
Page 8  
 
                                                     shall in no way prejudice the provisions of special regulations providing for keeping records 
and storing the set documents.28) 
(9) The General Directorate of Customs shall c onclude a written agreement with the beneficiary 
pursuant to paragraph 7 above on the transfer of  counterfeit goods free-of-charge for humanitarian 
purposes, which agreement must always include,  in addition to the usual essential elements, 
specification of the type and amount of counterfeit goods transferred free-of-charge, the conditions set by the customs directorate pursuant to paragra ph 8 (b) above, as well as a clause on a contractual 
fine
29) in case of breach of the obligation to transfer  the counterfeit goods free-of-charge exclusively 
for humanitarian purposes, and the specific purpose, for which the beneficiary will use the counterfeit 
goods. 
(10) The customs office shall be authorized to control at the beneficiary the fulfillment of the 
obligations, to which the beneficiar y undertook in writing in the agreement. It shall notify the customs 
directorate of the results of this control. 
 
Section 14a 
(1) The state shall not be liable for damage30) incurred 
a) by the right-holder by the fact that the customs office has not detected goods, whose 
manufacture or modification infringed intellectua l property rights, or that these goods have 
been released or that a measure has not been  taken for the purpose of detention of these 
goods,31) unless this damage is subject to liability of the state under a special regulation;32) 
b) by persons, who are affected by the action of the customs office, if a loss or damage has been 
incurred during control performed by the custom s office within customs proceedings and prior 
to submission or after receipt of an applica tion, unless this damage has been caused by an 
illegal decision or incorrect administrative procedure of the customs authority. 
(2) The civil liability of the right-holder shall be governed by the Civil Code. 
 
PART FIVE 
MISDEMEANORS AND ADMINISTRATIVE TORTS 
CHAPTER I 
MISDEMEANORS 
Section 15 
(1) A natural person commits a misdemeanor by 
a) submitting a customs declaration for rele asing goods, whose manufacture or modification 
infringed intellectual property rights, to free circulation33) or to an export procedure;34) 
b) submitting an application fo r releasing goods, whose manufacture or modification infringed 
intellectual property rights, for re-export or applying for their placement in a free customs zone or free customs warehouse;
35) 
 
28) E.g. Act No. 563/1991 Coll., on accounting, as amended; Act No. 337/1992 Coll., as amended. 
29) Sections 544 and 545 of the Civil Code. 
30) Article 19 of Council Regulation (EC) No. 1383/2003. 
31) Article 19 of Council Regulation (EC)  No. 1383/2003. 
32) Act No. 82/1998 Coll., on liability for damage caused within performance of public powers through a 
decision or incorrect administrative procedure and on amendment to Act No. 358/1992 Coll., on notaries 
and their activities (Code of Notarial Procedure), as amended. 
33) Articles 79 to 83 of Council Regulation (EEC) No. 2913/92. 
34) Articles 161 to 162 of Council Regulation (EEC) No. 2913/92.  IP/N/1/CZE/E/3 
 Page 9 
 
 
                                                                                                                                                                    c) violating customs regulations and thus ensuring the releasing of goods, whose manufacture or 
modification infringed intellectual property rights, to  free circulation, to an export procedure or 
for re-export,36) or to one of the procedures with conditional exemption from customs duties,37) 
or their placement in a free customs zone or free customs warehouse; 
d) transporting to the Community customs territory , or owning, holding, storing or selling in the 
territory of the Czech Republic goods that have escaped customs supervision and whose 
manufacture or modification infringed intellectual property rights; or 
e) failing to comply with the c onditions for management of goods detained pursuant to this Act. 
(2) The following sanctions may be imposed for a misdemeanor: 
a) a fine; 
b) forfeiture of the goods. 
(3) The customs office, within  whose jurisdiction a misdemeanor was established, shall be 
competent to pursue proceedings on th e misdemeanor in the first instance. 
 
Section 16 
Misdemeanors 
(1) A fine of up to CZK 100,000 may be imposed for a misdemeanor pursuant to Section 15 (1) 
(a) and (b).  A fine of up to CZK 1,000,000 may be imposed for a misdemeanor pursuant to Section 
15 (1) (e).  
(2) A fine in the following amount may be imposed for a misdemeanor pursuant to Section 15 
(1) (c) and (d): 
a) up to CZK 1,000,000; 
b) up to CZK 5,000,000 if the offender breached his obligations to a substantial extent; 
c) up to CZK 20,000,000 if the offender breach ed his obligations to a large extent. 
(3) Obligations were breached to  a substantial extent if the customs value of the goods, whose 
manufacture or modification infringed intellectual property rights, exceeds CZK 1,000,000 and, in 
case of goods that are exported or re-exported, if the statistical value of the goods determined pursuant 
to the special regulation38) exceeds CZK 1,000,000. Obligations were breached to a large extent if the 
customs value of the goods, whose manufacture or modification infringed intellectual property rights, 
exceeds CZK 5,000,000 and, in case of goods that are exported or re-exported, if the statistical value 
of the goods determined pursuant to the special regulation37) exceeds CZK 5,000,000. 
(4) A fine for a misdemeanor pursuant to Section 15 (1) may be imposed within one year of the 
date when the customs office competen t to hear the misdemeanor learnt of violation of this Act and at 
the latest 6 years from the date of breach  or non-compliance with the obligation. 
(5) The sanction of forfeiture of goods may be imposed separately or together with a fine. 
 
 
35) Articles 166 to 182 of Council Regulation (EEC) No. 2913/92. 
36) Art. 182 (1), the first indent, of Council Regulation (EEC) No. 2913/92. 
37) Art. 84 (1) (a) of Council Regulation (EEC) No. 2913/92. 
38) Paragraphs 19 to 25 of Part I of the Annex to Decree No. 200/2004 Coll., on the statistics of exported and 
imported goods and the manner of disclosing informa tion on trade between the C zech Republic and other 
members states of the European Communities. IP/N/1/CZE/E/3 
Page 10  
 
Sections 17 and 18 
repealed 
 
Section 19 
Forfeiture of Goods 
(1) In addition to a fine or even separately, a sanction may be imposed of forfeiture of goods 
that belong to the offender and 
a) that were used or intended for committing a misdemeanor; or 
b) that were acquired by the misdemeanor or th at were acquired for the goods acquired by the 
misdemeanor. 
(2) Forfeiture of goods may be imposed, even if their value is in striking disproportion to the 
nature and gravity of the misdemeanor. 
(3) Forfeiture of goods may only be imposed with in the deadlines specified in Section 16 (4). 
 
Section 20 
Confiscation of Goods 
(1) If a sanction of forfeiture of goods has not been imposed for a misdemeanor, the customs 
office shall decide on confiscation of the goods provided that 
a) they belong to an offender that cannot be prosecuted for the misdemeanor; 
b) they do not belong to the offender or they do not entirely belong to the offender 
and that this is required with respect to safety of  persons or property or in other public interest. 
(2) The customs office shall decide on confiscation of the goods, if the person that has violated 
the law in one of the manners specified in Section 15 (1), is not known. 
(3) Goods may not be confiscated after expiry of 6 years from committing of the misdemeanor. 
 
Sections 21 and 22 
repealed 
 
CHAPTER II 
ADMINISTRATIVE TORTS 
Section 23 
Administrative Torts 
(1) A legal person and a natural person who is an  entrepreneur commit an administrative tort 
within their business activities by 
a) submitting a customs declaration for rele asing goods, whose manufacture or modification 
infringed intellectual property rights, to a free circulation procedure or to an export procedure; 
b) submitting an application fo r releasing goods, whose manufacture or modification infringed 
intellectual property rights, for re-export or applying for their placement in a free customs zone 
or free customs warehouse; 
c) violating customs regulations and thus ensuring the releasing of goods, whose manufacture or 
modification infringed intellectual property rights, to  free circulation, to an export procedure or 
for re-export, or to one of the procedures with  conditional exemption from customs duties, or 
their placement in a free customs zone or free customs warehouse;  IP/N/1/CZE/E/3 
 Page 11 
 
 
d) transporting to the Community customs territory , or owning, holding, storing or selling in the 
territory of the Czech Republic goods that have escaped customs supervision and whose 
manufacture or modification infringed intellectual property rights; or 
e) failing to comply with the conditions for manage ment of goods detained pursuant to this Act or 
failing to comply with the conditions for manage ment of goods transferred free-of-charge for 
humanitarian purposes, as appropriate. 
(2) The following sanctions may be im posed for an administrative tort: 
a) a fine; 
b) forfeiture of the goods. 
(3) The customs office, within whose jurisdiction an administrative tort was established, shall 
be competent to pursue proceedings on the administrative tort in the first instance. 
 
Section 24 
(1) A fine of up to CZK 100,000 may be imposed for an administrative tort pursuant to Section 
23 (1) (a) and (b).  A fine of up to CZK 1,000,000 may be imposed for an administrative tort pursuant 
to Section 23 (1) (e).  
(2) A fine in the following amount may be im posed for an administrative tort pursuant to 
Section 23 (1) (c) and (d): 
a) up to CZK 1,000,000; 
b) up to CZK 5,000,000 if the offender breached his obligations to a substantial extent; 
c) up to CZK 20,000,000 if the offender breach ed his obligations to a large extent. 
(3) Obligations were breached to  a substantial extent if the customs value of the goods, whose 
manufacture or modification infringed intellectual property rights, exceeds CZK 1,000,000 and, in 
case of goods that are exported or re-exported, if the statistical value of the goods determined pursuant 
to the special regulation35) exceeds CZK 1,000,000. 
(4) Obligations were breached to a large exte nt if the customs value of the goods, whose 
manufacture or modification infringed intellectual property rights, exceeds CZK 5,000,000 and, in 
case of goods that are exported or re-exported, if the statistical value of the goods determined pursuant 
to the special regulation exceeds CZK 5,000,000. 
(5) A fine for an administrative tort pursuant to Section 23 (1) may be imposed within one year 
of the date when the customs office competent to hear  the administrative tort learnt of violation of this 
Act and at the latest 6 years from the date of  breach or non-compliance with the obligation. 
(6) The sanction of forfeiture of goods may be imposed separately or together with a fine. 
 
Sections 25 and 26 
repealed 
 
Section 27 
Forfeiture of Goods 
(1) Goods belonging to the offender may be confiscated provided that 
a) they were used or intended for committing an administrative tort; or IP/N/1/CZE/E/3 
Page 12  
 
b) they were acquired by the administrative tort  or that were acquired for the goods acquired by 
the administrative tort. 
(2) Forfeiture of goods may be imposed, even if their value is in striking disproportion to the 
nature and gravity of the administrative tort. 
(3) Forfeiture of goods may only be imposed with in the deadlines specified in Section 16 (4). 
 
Section 28 
Confiscation of Goods 
(1) If a sanction of forfeiture of goods has not been imposed for an administrative tort, the 
customs office shall decide on confiscation of the goods provided that 
a) they belong to an offender that cannot  be prosecuted for the administrative tort; 
b) they do not belong to the offender or they do not entirely belong to the offender 
and that this is required with respect to safety of  persons or property or in other public interest. 
(2) The customs office shall decide on confiscation of the goods, if the person that has violated 
the law in one of the manners specified in Section 23 (1), is not known. 
(3) Goods may not be confiscated after expiry of 6 years from committing of the administrative 
tort. 
 
CHAPTER III 
JOINT PROVISIONS 
Section 28a 
(1) The state shall become the owner of forfeited and confiscated goods. 
(2) Fines shall be collected and exacted by the customs office that imposed them. Income from 
fines and from the sale of forfeited and confiscated goods shall be an income for the state budget. 
(3) A fine imposed for a misdemeanor or admini strative tort pursuant to this Act shall be 
payable within 30 days of the date of legal force of the decision on imposing thereof. 
 
Sections 29, 29a and 30 
repealed 
  IP/N/1/CZE/E/3 
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                                                     PART SIX 
JOINT PROVISIONS 
Section 31 
(1) The costs pursuant to Section 4 (3) shall be  reimbursed within 30 days of the date of 
delivery of the notice from the customs directorate concerning their amount. If the prescribed amount notified pursuant to Section 4 (3) is not paid within  this deadline, the customs directorate shall order 
the payment of this amount by the right-holder through a decision.
39) 
(2) The costs pursuant to Section 14 (1) to (5) sha ll be reimbursed within 30 days of the date of 
delivery of the decision. 
(3) Reimbursement of the costs may be ordered with respect to goods and persons specified in 
the provisions referred to in paragraphs 1 and 2 above through a decision only within 3 years of the 
end of the calendar year, during which the customs directorate or customs office learnt of 
a) a final decision of the court that the manufact ure or modification of goods infringed intellectual 
property rights; 
b) adoption of a preliminary injunction by the court to destroy the goods; 
c) the latest costs incurred by the customs office in connection with maintaining the goods under 
customs supervision and with destruction of the goods and other management of the goods, 
incurred in relation to the given goods. 
 
Section 31a 
(1) An appeal against a decision of customs office pursuant to this Act shall not have 
suspensory effect. This shall not apply to appeals lodged against decisions on misdemeanors and on administrative torts. 
(2) Within an advice provided in a decision on di smissing an appeal against a decision pursuant 
to this Act, the appellate body shall also set a d eadline within which an action may be brought to the 
court for review of this decision.40) 
 
Section 31b 
(1) Contractual fines pursuant to Section 14 (9) shall be an income for the state budget. 
(2) In cases of collecting and exacting reimbursement of costs incurred purposefully by 
customs offices, on the basis of the duty to have goods under customs supervision, and the costs for 
withdrawal and destruction of goods, the customs offices shall proceed pursuant to a special 
regulation on administration of taxes and fees mutatis mutandis .41) 
 
Section 31c 
Unless this Act stipulates otherwise, the Code of Administrative Procedure42) shall apply to the 
proceedings before customs offices. 
 
Sections 32 to 36 
repealed 
 
 
39) Art. 6 (2) of Council Regulation (EC)  No. 1383/2003. 
40) Code of Civil Procedure, Code of Administrative Justice. 
41) Sections 59, 73 and 73a of Act No. 337/1992 Coll., as amended. 
42) Act No. 71/1967 Coll. , on administrative proceedings (the Code of Administrative Procedure), as amended. IP/N/1/CZE/E/3 
Page 14  
 
Section 41 
Legal Force  
This Act enters into effect on the first day of the third calendar month following after the date 
of its promulgation. 
*** 
 
Act No. 121/2000 Coll., on copyright, rights relate d to copyright and on amendment to some 
laws (Copyright Act), entered into effect on December 1, 2000. 
Act No. 260/2002 Coll., amending Act No. 191/1 999 Coll., on measures concerning import, 
export and re-export of goods infringing certain inte llectual property rights and on amendment to 
some other laws, as amended by Act No. 121/2000 Co ll., Act No. 586/1992 Coll., on income taxes, as 
amended, Act No. 593/1992 Coll., on reserves for dete rmining the income tax base, as amended, and 
Act No. 569/1991 Coll., on the Land Fund of the C zech Republic, as amended entered into effect on 
September 1, 2002. 
Act No. 255/2004 Coll., amending Act No. 191/1 999 Coll., on measures concerning import, 
export and re-export of goods infringing certain inte llectual property rights and on amendment to 
some other laws, as amended, entered into effect on the date of legal force of the Treaty of Accession 
of the Czech Republic to the European Union (May 1, 2004). 
Prime Minister of the Government: 
PhDr. Špidla , signed 
 
__________