WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
IP/N/1/CZE/E/4 
IP/N/1/CZE/I/4 30 August 2011 
 
(11-4255) 
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 the following law, as notified by the Czech Republic 
under Article 63.2 of the Agreement on 7 July 2010:  
 Act No. 221/2006 Coll. of 25 April 2006 on Enfo rcement of Industrial Property Rights and on the 
Amendment of Industrial Property Protection Acts (Enforcement of Industrial Property Rights Act). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS 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 ci-après, notifié le 7 juillet 2010 par la République 
tchèque au titre de l'article 63:2 de l'Accord: 
 
 Loi n° 221/2006 du 25 avril 2006 relative au respect des droits de propriété industrielle, portant 
modification des lois sur la protection de la propriété industrielle (Loi sur le respect des droits de 
propriété industrielle). 
 
 
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 texto
1 de la siguiente ley que la República Checa  notificó de 
conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo el 7 de julio de 2010: 
 
 Ley Nº 221/2006 Coll. de observ ancia de los derechos de propieda d industrial y modificación de la 
legislación relativa a la protección de  la propiedad industrial, de 25 de abril de 2006 (Ley de 
observancia de los derechos de propiedad industrial). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
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  ACT No. 221/2006 Coll. 
 
of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts (Enfo rcement of Industrial Property Rights Act) 
 
The Parliament has adopted the following Act of the Czech Republic: 
 
 
PART ONE 
 
Enforcement of Industrial Property Rights 
 
 
Section 1 
 
Subject Matter of the Regulation 
 
This Act shall incorporate the respectiv e regulation of the European Communities
1 and shall 
regulate the legal remedies serving for the enforcement of industrial property rights2 (hereinafter 
referred to as the "Right"). 
 
Section 2 
 
Persons Authorized to Enforce Rights 
 
(1) The authority to enforce Rights under this Act shall have the Right holder or proprietor 
pursuant to the respective act regulating the industrial property protection, person entitled under a special legal regulation2 to use the Rights, in particular a licensee and a professional organization engaged in protection of rights which is duly recogn ized in the country of origin as an organization 
with authority to represent the industrial property right s holders or proprietors (hereinafter referred to 
as the "Authorized Person"). 
 
(2) The licensee may enforce the Rights only upon the consent of the Right holder or 
proprietor. The consent shall not be required wh ere the holder or owner of the Right failed to 
commence the proceedings on the infringement or e ndangering of the Right himself within a time 
limit of 1 month from the receipt of the licensee's notification of the infringement or endangering of 
the Right. 
 
                                                      
1 Directive 2004/108/EC of the European Parliament and of the Council of 29th April 2004 on the 
enforcement of intellectual property rights. 
2 Act No. 527/1990 Coll., on Inventions and Rationalization Proposals, as amended. 
Act No. 529/1991 Coll., on the Protection of Topographies of Semiconductor Products Topographies, as 
amended. 
Act No. 478/1992 Coll., on Utility Models, as amended. Act No. 207/2000 Coll., on the Protection of Industrial Designs and on the Amendment to Act No. 527/1990 
Coll., on Inventions, Industrial Designs and Rationalization Proposals, as amended. 
Act No. 452/2001 Coll., on the Protection of Designations of Origin and Geographical Indications and on the Amendment to Act on Consumer Protection, as amended by Act No. 131/2003 Coll. and Act No. 501/2004 Coll. 
Act No. 441/2003 Coll., on Trademarks and on the Amendment to Act No. 6/2002 Coll., on Courts, Judges, Lay 
Judges and the State Administration of Courts and on the Amendment to some other Acts (Courts and Judges Act), as amended, (Trademarks Act), as amended by Act No. 501/2004 Coll. 
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Section 3 
 
Right to Information 
 
(1) The Authorized Person may require towards a third person 
 a) which for the purpose of direct or indirect economic or commercial benefit possessed the goods infringing the Right, or 
 
b) which for the purpose of direct or indirect economic or commercial benefit used the services 
infringing the Right, or  c) of which it has been ascertained that for the purpose of direct or indirect economic or commercial 
benefit it rendered services used in the course of activities infringing the Right, or 
 d) which has been designated by a person menti oned in paragraphs a), b) or c) as a person 
participating in manufacture, processing, storing or distribution of goods or rendering services, 
information related to the origin and the dist ribution networks of the goods or services by 
which the Right has been infringed. 
 
(2) Should the information under Subsection 1 fail to be volunteered within a reasonable time 
limit, the Authorized Person may claim such informat ion by lodging an action with the court relating 
to the infringement upon the Right. The court shall dismiss the action where it would bear no proportion to the importance of endangeri ng of or infringement upon the Right. 
 
(3) The information shall include 
 a) name and surname or corporate name or business name and place of permanent residence or registered office of the manufacturer, processor, distributor, supplier and other previous possessor of the goods or service infringing the Right, 
 
b) details of the manufactured, processed, supplied,  stored, received or ordered quantity and of the 
price received for the given goods or services.  
(4) Provisions of Subsections 1 and 2 shall not prejudice provisions of special legal 
regulations providing for, in particular, 
 a) right to obtain information in a broader range,  b) use of information in the civil or criminal proceedings,  
c) responsibility for the abuse of right to information, 
 d) duty of confidentiality
3, 
  
                                                      
3 For example Act No. 85/1996 Coll., on the Legal Profession, as amended, Act No. 417/2004 Coll., on 
Patent Attorneys and on the Amendment to Act on the Industrial Property Protection Measures.   IP/N/1/CZE/E/4 
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  e) right to deny the disclosure of information should a person mentioned in  Subsection 1 admit its 
own participation or next of kin's partic ipation in the infringement upon the Right, 
 f) protection of confidentiality of the info rmation sources or pers onal data processing.
4 
 
Remedial Measures 
 
Section 4 
 
(1) Should an infringement upon the Rights occu r, the Authorized Person may seek a judicial 
decision that the infringer refrain from acts by whic h the Right is infringed or namely in particular 
endangered, and that the consequences of th e endangering or infringement be removed, 
 a) by recall of products the manufacture or launch or  storage of which resulted in endangering of or 
infringement upon the Right, 
 b) by permanent removal or destruction of products  the manufacture or launch or storage of which 
resulted in endangering of or infringement upon the Right,  c) by recall, permanent removal or destruction of materials, tools or equipment intended for or used 
exclusively or mostly in the course of activities endangering or infringing the Right. 
 
(2) The court shall not order the destructi on where the infringement upon the Right may be 
removed in a different manner and the destruction would be inadequate to such an infringement. 
Should the remedial measures aim at products, materials, tools or equipment not owned by the 
infringer of the Right, the court shall take into cons ideration the interests of the third parties, in 
particular consumer s and persons acting bona fide . The removal of label or counterfeited trademark 
from the products before launching thereof may be permitted only in extraordinary cases.
5 
 
(3) The Authorized Persons may also seek a court decision on claims mentioned in 
Subsection 1 against any person whose means and ser vices are used by the third persons for the 
infringement upon the Rights. 
 
(4) Instead of measures mentioned in Subsection 1, the court may, upon the motion of the 
infringer of Rights, order the payment of a pecuniar y compensation to an Authorized Person, namely 
where the infringer neither knew nor was able to  know, where these measures would cause him an 
inadequate injury and the pecuniary compensation to  an Authorized Person proves to be sufficient. 
 
(5) In the judgment, the court may award th e Authorized Person whose motion has been 
satisfied a right to make the judgment public at th e costs of the infringer who was defeated in the 
litigation, and also, as the case may be, specify th e extent, form and manner of the publication. 
 
Section 5 
 
(1) Should the infringement upon the Rights result in  an immaterial prejudice, the Authorized 
Person shall be entitled to damages, to a surrender of the unjust enrichment the infringer acquired as a 
result of the endangering of or infringement upon the Right, and to an appropriate compensation. An 
appropriate compensation may consist also in a pecuniary fulfilment. 
                                                      
4 For example Act No. 101/2000 Coll., on Personal Data Protection and on the Amendment to some 
Acts, as amended. 
5 For example Section 7 of Act No. 64/1986 Coll., on the Czech comm ercial inspection, as amended.  IP/N/1/CZE/E/4 
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(2) The court may upon a motion assess the damag es, the amount of an unjust enrichment the 
infringer acquired as a result of the endangering of or infringement upon the Right, and the appropriate compensation in a flat amount not less than double the license fee which would have been 
usual upon the acquisition of a license to use the Right at the time of the infringement thereupon. 
 
(3) If in the course of his activities the infringer neither knew nor was able to know that his 
acts constitute an infringement upon the Rights, the court may upon a motion assess the damages, the 
amount of an unjust enrichment the infringer acquired as a result of the endangering of or 
infringement upon the Right, and the appropriate compensation in a flat sum amounting to the license 
fee which would have been usual upon the acquisition of a license to use the Right at the time of the infringement thereupon.  
(4) The court shall take into consideration a ll the relevant circumstances, e.g. the economic 
consequences including the loss of profits sustaine d by the Authorized Person, the infringer's ill-
gotten gain and possibly also other than econom ic aspects, e.g. moral prejudice caused to the 
Authorized Person by the infringer. 
 
 
PART TWO 
 
SPECIAL REGULATION PROVIDING FOR 
JURISDICTION IN THE INDUSTRIAL PROPERTY MATTERS 
 
Section 6 
 
(1) The Municipal Court in Prague 
 a) shall decide as the court of the first inst ance disputes on claims r esulting from the industrial 
property, on claims resulting from endangering of an d infringement upon the industrial property rights 
and on claims to surrender of the unjust enrichment acquired to the prejudice of the beneficiary of the 
industrial property rights, and on claims under the Part One hereof, 
 b) shall decide as the court of the first inst ance in the Czech Republic on matters relating to 
Community trademarks under Article 92 of  Council Regulation (EC) No. 40/1994 of 
20
th December 1993 on Community Trademark, 
 
c) shall decide as the court of the first inst ance in the Czech Republic on matters relating to 
Community (industrial) designs pursuant to  Council Regulation (EC) No. 6/2002 of 
12th December 2001 on Community (industrial) designs, 
 d) shall review final administrative decisions of  the Industrial Property Office under a special legal 
regulation.
6 
 
(2) The proceedings under Subsection 1 of the Municipal Court in Prague shall be conducted 
and decided in specialized panels composed of a presiding judge and two judges. 
 
                                                      
6 Act No. 150/2002 Coll., the Code of Ad ministrative Justice, as amended.  
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  Transitional Provisions 
 
Section 7 
 
(1) The proceedings in matters of administrativ e justice related to the industrial property 
which have been commenced before the effective date  of this Act shall be finished under the existing 
regulations.  
(2) The first instance proceedings concerni ng the disputes on claims resulting from the 
industrial property, on claims resulting from enda ngering of and infringeme nt upon the industrial 
property rights and on claims to surrender of the unjust enrichment acquired to the prejudice of the 
beneficiary of the industrial property rights which ha ve been commenced before  the effective date of 
this Act shall be finished under the existing regulations. 
 
 
PART THREE 
 
Amendment to Courts and Judges Act 
 
Section 8 
 
Act No. 6/2002 Coll., on Courts, Judges, Lay Judg es and the State Administration of Courts 
and on the Amendment to some other Acts (Courts  and Judges Act), as amended by Act No. 151/2002 
Coll., Act No. 228/2002 Coll., Act No. 349/2002 Coll., Act No. 192/2003 Coll., Act No. 441/2003 Coll., Act No. 626/2004 Coll., Act No. 349/2005 Coll. and Act No. 413/2005 Coll., shall be altered as 
follows: 
 
The wording of Section 39 (2) including Footnote No. 1a shall be: 
 
"(2) The industrial property matters 1a) sha ll fall within the subject-matter and venue 
jurisdiction of the Municipal Court in Prague as the court of the first instance. 
1a) Act No. 221/2006 Coll., to regulate the enforc ement of industrial property rights and to 
alter industrial property protection acts (Enforce ment of Industrial Property Rights Act)." 
 
 
PART FOUR 
 
Amendment to Act on Inventions and Rationalization Proposals 
 
Section 9 
 
Act No. 527/1990 Coll., on Inventions and Ra tionalization Proposals, as amended by Act 
No. 519/1991 Coll., Act No. 116/2000 Coll., Act No. 207/2000 Coll., Act No. 173/2002 Coll., Act 
No. 501/2004 Coll. and Act No. 59/2005 Coll., shall be altered as follows:  
1. Section 63 shall be amended by Subsec tion 3 the wording of which including Footnote 
No. 5i shall be: 
 
"(3) The permissible remedy against the final decision of the Office shall be the action against 
the decision pursuant to special legal regulation 5i). 
5i) Act No. 150/2002 Coll., Code of Administrative Justice, as amended.". 
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  2. In Section 67, the word "by decision"  shall be added after the word "Office". 
 
3. In Section 75 (1), the words ", except fo r the rights resulting from patents and additional 
protective certificates" shall be added after the word "Act". 
 
4. In Section 75, the Subsections 2 and 3 shall be repealed and therewithal the designation of 
Subsection 1 shall be repealed.  
5. Section 75a shall be repealed. 
  
PART FIVE 
 
Amendment to Act on the Protection of Topographies of Semiconductor Products 
 
Section 10 
 
Act No. 529/1991 Coll., on the Protection of  Topographies of Semiconductor Products 
Topographies, as amended by Act No. 116/2000 Coll. and by Act No. 501/2004 Coll., shall be altered 
as follows: 
 
1. In Section 18 (2), the words "for the infringement upon rights and for the right to 
information" shall be repealed.  
2. In Section 18, a new Subsection 3 shall be added after Subsection 2 the wording of which 
including Footnote No. 3a shall be: 
 
" (3) The permissible remedy against the fina l decision of the Office shall be the action 
against the decision pursuant to special legal regulation 3a) . 
3a) Act No. 150/2002 Coll., Code of Administrative Justice, as amended. ". 
 
The existing Subsection 3 shall be designated as Subsection 4. 
  
PART SIX 
 
Amendment to the Utility Models Act 
 
Section 11 
 
Act No. 478/1992 Coll., on Utility Models, as am ended by Act No. 116/2000 Coll. and by 
Act No. 501/2004 Coll., shall be altered as follows: 
 
1. In Section 21 (2), the words "and for the infringement upon rights, for the right to 
information" shall be repealed.  
2. In Section 21, a new Subsection 3 shall be added after Subsection 2 the wording of which 
including Footnote No. 4a shall be: 
 
"(3) The permissible remedy against the final decision of the Office shall be the action against 
the decision pursuant to special legal regulation 4a).   IP/N/1/CZE/E/4 
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  4a) Act No. 150/2002 Coll., Code of Administrative Justice, as amended." 
 The existing Subsection 3 shall be designated as Subsection 4. 
 
 
PART SEVEN 
 
Amendment to the Protection of Industrial Designs Act 
 
Section 12 
 
Act No. 207/2000 Coll., on the Protection of Industrial Designs and on the Amendment to Act 
No. 527/1990 Coll., on Inventions, Industrial Designs  and Rationalization Proposals, as amended, as 
amended by Act No. 474/2004 Coll., Act No. 501/2004 Coll. and Act No. 59/2005 Coll., shall be 
altered as follows: 
 
1. Section 20 shall be repealed. 
 
2. Section 21 shall be repealed. 
 
3. In Section 47, Subsection 4 shall be repealed. 
 
The existing Subsection 5 shall be designated as Subsection 4. 
  
PART EIGHT 
 
Amendment to the Protection of Designations of Origin and Geographical Indications Act 
 
Section 13 
 
Act No. 452/2001 Coll., on the Protection of De signations of Origin and Geographical 
Indications and on the Amendment to Act on C onsumer Protection, as amended by Act No. 131/2003 
Coll. and Act No. 501/2004 Coll., shall be altered as follows:  
1. In Section 13, the existing text shall be designated as Subsection 1 and Subsection 2 shall 
be added the wording of which including Footnote No. 4c shall be: 
 
"(2) The permissible remedy against the final decision of the Office shall be the action against 
the decision pursuant to special legal regulation 4c). 
4c) Act No. 150/2002 Coll., Code of Administrative Justice, as amended. ". 
 
2. In Section 24, Subsections 2 to 4 shall be  repealed and therewithal the designation of 
Subsection 1 shall be repealed. 
 
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  PART NINE 
 
Amendment to the Trademarks Act 
 
Section 14 
 
Act No. 441/2003 Coll., on Trademarks and on the Amendment to Act No. 6/2002 Coll. , on 
Courts, Judges, Lay Judges and the State Administ ration of Courts and on the Amendment to some 
other Acts (Courts and Judges Act), as amende d, (Act on Trademarks), as amended by Act 
No. 501/2004 Coll., shall be altered as follows: 
 
1. In Section 8, Subsections 4 to 7 including Footnote No. 5 shall be repealed. 
 
The existing Subsection 8 shall be designated as Subsection 4. 
 
2. In Section 18, Subsection 4 shall be repealed. 
 
3. In Section 51 (2), the words "within the extent  stipulated in Section 8 (5)" shall be replaced 
with words "within the extent sti pulated by Act No. 221/2006 Coll., on the Enforcement of Industrial 
Property Rights and on the Amendment to the Indus trial Property Protection Acts (Enforcement of 
Industrial Property Rights Act)". 
  
PART TEN 
 
OPERATION 
 
Section 15 
 
This Act shall come into force on the date of  promulgation thereof, except for provisions of 
Section 6 and 8 which shall come into operation on 1
st January 2008. 
 
p. p. Kasal (autograph)  Klaus (autograph)  
Paroubek (autograph) 
 
 
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