WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/CZE/C/4/Add.1 
22 February 2006 
 (06-0765) 
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 
 
Addendum
 
 
 The present document reproduces the text1 of Law No. 81/2005 Coll. of 21 January 2005, 
amending Act No. 121/2000 Coll. on Copyright, Righ ts Related to Copyright and on the Amendment 
of Certain Laws (Copyright Act), notified by the Delegation of the Czech Republic by means of a 
communication dated 13 February 2006. 
 
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 
 
Addendum  
 
 Le présent document contient le texte1 de la Loi n° 81/2005 du 21 janvier 2005 portant 
modification de la Loi n° 121/2000 sur le droit d'au teur, les droits liés au droit d'auteur et sur les 
modifications apportées à certaines lois (Loi sur le droit d'auteur), notifiée par la délégation de la 
République tchèque dans une comm unication datée du 13 février 2006. 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio   
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA CHECA 
 
Addendum  
 
 En el presente documento se reproduce el texto1 de la Ley N° 81/2005 de fecha 21 de enero 
de 2005, por la que se modifica la Ley Nº 121/2 000 sobre derecho de auto r y derechos conexos y 
sobre la modificación de determinadas leyes (Ley de Derecho de Autor), que la Delegación de la 
República Checa notificó mediante una comunica ción de fecha 13 de febrero de 2006. 
                                                      
 1 In English only. The text in the original language is be av ailable for consultation by inte rested Delegations at the WTO 
Secretariat./En anglais seulement.  Les délé gations intéressées peuvent consulter le te xte dans sa langue d'origine, au Secréta riat de 
l'OMC./En inglés solamente.  Las delegacione s interesadas pueden consultar en la Secretar ía de la OMC el texto en su idioma ori ginal. IP/N/1/CZE/C/4/Add.1 
Page 2  
 
  81 
 
ACT 
of 21 January 2005, 
which amends Act No. 121/2000 Coll., on  Copyright, Rights Related to 
Copyright and on the Amendment of Certain Laws 
(Copyright Act) 
 
The Parliament has adopted the following law of the Czech Republic: 
 
Section I 
 
 Act No. 121/2000 Coll. on Copyright, Rights Related to Copyright and on the Amendment of 
Certain Laws (Copyright Act)  shall be amended as follows: 
  1.  In Article 14, paragraph 2, the words  “ on the territory of the Czech Republic“ shall be 
replaced with the words: “in the terr itory of a member state of the European Union or any  other party 
to the European Economic Area Agreement“, and the words “for the territory of the Czech Republic” 
shall be replaced with the words: “for the territory  of a member state of the European Union or any 
other party to the European Economic Area Agreement”.   2.  In Article 22, paragraph 3 shall be added with the following wording:  
 “(3) Enabling the reception of the simultaneus , unabridged and unaltere d radio or television 
broadcast on receivers of the same building, or a complex of buildings sp atially or functionally 
pertaining to one another, by means of common bloc k aerials shall not be deemed to be use of the 
work under the condition that it is only receiving terrestrial and non-encoded broadcasting that is enabled and the common receiving is not commercially utilised.”.  
 3. At the end of Article 23, the following sentences shall be added: “Making the work 
available by means of devices technically capable of receiving the radio and television broadcast to 
the persons accommodated within providing servi ces connected with the accommodation if such 
devices are located in the spaces designed for the pr ivate use of the accommodated persons shall not 
be under Article 18 paragraph 3 deemed to be the performing of the radio and television broadcast. 
Likewise making the work available to patients in  providing healthcare in the healthcare facilities 
shall not be under Article 18 paragr aph 3 deemed to be the performi ng of the radio and television 
broadcast.”   4. In Article 98, at the end of paragraph 3, the full stop shall be replaced with the comma, and 
new Subparagraph f) shall be adde d with the following wording: 
 
“f) proposal for the amount of the remuneration for the individual manner of the use of the items 
of protection.”.   5. In Article 100, paragraph 1 h) shall have the following wording: 
 
“h) to conclude, on reasonable and equal terms, w ith the users of items of protection, or with 
bodies authorised to protect the interests of user s associated in such bodi es who use the items of 
protection in the same or similar manner, or with  persons obliged to pay remuneration in compliance 
with this Act, agreements by which :  IP/N/1/CZE/C/4/Add.1 
 Page 3 
 
 
  1.  the user is granted authorisation to exercise  the right to use the item of protection for 
which the collective administrator ad ministers such right collectively, 
2.  the amount and manner of payment of remunerati on is set for the user pursuant to Article 
96 paragraph (1) a) items 1 and 2, and cl ause b) and its disbursement monitored, 
3.  the amount and manner of payment of remuneration is set for the user pursuant to Article   
19, paragraphs 1 and 2,  and all that based on the number of persons to whom the work is 
communicated; 
4.  the manner of payment of remuneration by the user, provided for by this Act, is 
determined,” 
 
 6. In Article 100, paragraph 1 s) shall have the following wording: 
 “s) publish, in a suitable manner enabling also  remote access, a proposal for the amount of 
remuneration or a manner of its dete rmination for the individual manners of the use of the items of 
protection.”   
 
 7. In Article 100,  paragraphs 5 a nd 6 shall have the following wording: 
  “(5) The owner or tenant of the facility or other spaces who provides such facility or other 
spaces for producing a non-theatrically performed musical  work, with or without text,   or an artistic 
performance (hereinafter referred to as  ”public musi cal performance”), shall be obliged to provide the 
relevant collective administrator with data a nd cooperation necessary for identification of the 
producer of the public musical performance.    (6) The provider of a live public musical pe rformance shall be obliged to submit to the 
producer of the live public musical performance th e performance programme, specifying the names of 
the authors and the titles of the works to be performed , and all that no later than 20 days prior to the 
performance date. The producer of the live public mu sical performance shall be obliged to notify such 
a performance programme, specifying the names of the authors and the titles of the works to be 
produced, to the relevant collective administrator, and all that no later than 10 days prior to the 
performance date, unless agreed otherwise upon in an agreement between the producer and the 
collective administrator.”. 
 
 8. In Article 100, new paragraphs 7 and 8 shall be added with the following wording: 
  “(7) When concluding the agreements under pa ragraph 1 h), the following shall particularly 
be taken into account: 
 
 a) whether the use of the item of protection occurs in the conduct of business or any other 
economic activity;   b) direct or indirect economic or commercial advantage gained by the user using the item of 
protection or in connection therewith; 
 
 c) characteristics and specifics of the loca tion or region where the use of the item of 
protection occurs;   d) purpose, manner, scope and circumstances of the use of the item of protection. 
 
 (8) In making a proposal for the remunera tion amounts or proposal for the manner of 
determination thereof, the collective administrator shall be obliged to seek opinions of legal entities 
associating the relevant users of the items of protection if such persons have registered themselves IP/N/1/CZE/C/4/Add.1 
Page 4  
 
  with the collective administrator for this purpose a nd have proved that they associate a number of the 
users higher than negligible.”.   9. After Article 100, new Article 100a shall be added, which shall have, together with 
Footnote No. 6a, the following wording: 
 
“Article 100a 
 
 (1) The collective administrator, or, as the case may be, a rightholder, represented by him, 
cannot exercise the dilatory entitlement [Article 40, paragraph 1 b)] or the entitlement to the surrender 
of unjust enrichment under the special provision of this Act (Article 40, paragraph 3) from an  
infringement of the collectively administered right or threat to such right if the user or the person 
authorised to defend the interests of the users asso ciated in such a person conducts, duly and without 
unreasonable delay, with the relevant collective admi nistrator in connection with such an infringement 
or threat to the right, negotiations aimed at concl uding the agreement required by this Act, or if he 
agrees, in this connection, with using the me diator pursuant to this  Act (Article 102). 
  (2) The provision of paragraph 1 shall not aff ect the entitlement to the surrender of unjust 
enrichment in the amount of a customary remuneration pursuant to the special legal regulations
6a). 
  (3) The obstacle to the exercise of the dilatory entitlement under paragraph 1 shall not arise or 
shall be cancelled provided that the non-exercise of the dilatory entitlement is inconsistent with the 
legitimate common interests of the rightholders, particular ly due to the fact that the acts of the user or 
the person authorised to defend interests of the user s associated in such a pe rson indicate an evident 
intention not to conclude the agreement, menti oned in paragraph 1, or the satisfaction of the 
entitlement to the surrender of unjust enrich ment pursuant to the special regulations
6a) is jeopardised. 
____________________ 
6a) Article 451 et seq. of Act No. 40/1964 Coll., Civil Code, as later amended.” 
 
 
 10. In Article 101, paragraph 11 sha ll be added with the following wording: 
  “(11) In the event that the user of the item of protection concludes an agreement with no 
fewer than three collective administrators, the user or  their associations shall be entitled to require that 
the relevant collective administrators shall aut horize their joint representative to conclude the 
agreement with the user on their behalf.”.  
 11. Article 103, including the title and Foot note No. 9, shall have the following wording: 
 
“Article 103 
Supervision by the Ministry 
 
 (1) The Ministry shall be entitled to 
 
a)  require from the collective administrator in formation and the submission of documentation 
necessary for the execution of supervision, 
 b)  investigate whether any breach of duties imposed  by this Part of the Act, particularly by 
the provisions of Article 100, paragraph 7, has occurred,  
  IP/N/1/CZE/C/4/Add.1 
 Page 5 
 
 
  c)   impose, in the event of establishing defects in the compliance with this Part of the Act, the 
obligation to remedy such a defect, while set ting an adequate time limit therefor, and to 
impose fines.  
  (2) Where the Ministry finds out on the part of the collective administrator a breach of 
the obligation ensuing from this Part of the Act, it shall impose on the collective 
administrator the obligation to remedy such a br each and shall set an adequate time limit for 
the implementation of such a remedy. The Mi nistry may also impose on the collective 
administrator a fine of  up to the amount of CZK 500,000. The fine may also be imposed 
repeatedly. The fine may be imposed no later than one year  from the day on which the 
Ministry finds out that the breach of the oblig ation has occurred, however no later than three 
years from the day on which the obligation has been breached. When st ipulating the amount 
of the fine, the Ministry shall ta ke into account the severity of  the breach of the obligation 
and its consequences. The fines shall become a revenue of the State Fund of Culture of the 
Czech Republic; the Ministry shall enforce th em pursuant the special legal regulations 9). 
 
9) Act No. 337/19992 Coll., on the administ ration of taxes and fees, as amended.  
 
Article II 
 
 This Act shall come into effect at the date of its promulgation. 
  
Zaorálek, autograph 
 Klaus, autograph   Gross, autograph 
 
__________