Leyes y reglamentos en el marco del párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC - Ver detalles del documento

Czech Republic
Act No. 441/2003 Coll., on Trade marks and the Amendments to Act No. 6/2002 Coll., on Courts, Judges, Lay Judges and State Court Administration and on the Amendments to Certain Other Acts, as amended (hereinafter "Trade mark Act")
Act No. 286 / 2018 Coll. of November 15, 2018 on the amendments to certain laws concerning the industrial property (hereinafter referred to as „Implementing Act”) was published and the new rules are applicable from 1 January, 2019 in the Czech Republic. The Implementing Act predominantly introduces amendments to Act No. 441/2003 Coll. on Trade marks and Act No. 6/2002 Coll., on Courts, Judges, Lay Judges and the State Administration of Courts and on Amendments to Some Other Acts (Act on Courts and Judges) (hereinafter referred to as „Trade mark Act Amendment“), in order to transpose the Directive (EU) 2015/2436 of 16 December 2015 to approximate the laws of the Member States relating to trade marks. The Trade mark Act Amendment simplifies the administration and registration of trade marks and brings substantial changes to the trade mark registration process. The Amendment enhances the legal certainty of trade mark owners within the EU internal market. As the consequence of the Amendment, trade mark no longer needs to be represented graphically. The only remaining requirement is that the sign shall be capable of being represented in the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor and of distinguishing the goods or services of one undertaking from those of another. The new definition of trade mark opens up the possibility of registering unconventional types of trade marks which are expressed by the available technological means. Besides five traditional trade marks (word, figurative, three-dimensional, colour and sound), five new types have been supplemented (positional, pattern, motion, multimedia and hologram). Furthermore, the Amendment newly introduces certification trade marks. The Amendment also revises the system of absolute and relative grounds for refusal; redefines the scope and limitations of trade mark protection and clarifies the provisions on use of trade marks. The Implementing Act also amends the Act No. 221/2006 Coll. on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts, by introducing the possibility of seeking appropriate compensation for damages caused to the owners by unlawful acquisition, use or disclosure of their business information (trade secrets), bringing the Czech legislation into full compliance with the Directive (EU) 2016/943 of 8 June 2016 (Trade Secrets Directive). In reflection of the broader scope of the amended law, the Act was renamed, becoming Enforcement of Industrial Property Rights and Protection of Trade Secrets Act. Finally, the Implementing Act amends the Act No. 634/2004 Sb., on Administrative Fees, broadening its scope to include also administrative trade mark proceedings.
Act No. 286/2018 Coll., on the amendments to certain laws of industrial property https://wipolex.wipo.int/en/legislation/details/18584 (in Czech) IP/N/1/EU/4 - IP/N/1/EU/T/5 (Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks)
Industrial Property Office of the Czech Republic Ministry of Industry and Trade - Trade Policy and International Economic Organizations Department