Industrial Designs Law in Czech Republic
Here’s a summary of Industrial Designs Law in the Czech Republic:
Legal Framework
Industrial designs in the Czech Republic are primarily governed by:
Act No. 207/2000 Coll., on Industrial Designs, as amended.
The Czech Republic is also bound by the European Community Design Regulation (EC) No 6/2002 and is a member of the Hague Agreement on international registration of industrial designs.
The Industrial Property Office of the Czech Republic (Úřad průmyslového vlastnictví, ÚPV) is the authority responsible for registrations.
What is an Industrial Design?
An industrial design protects the appearance of a product or part of a product.
This includes lines, contours, colors, shape, texture, materials, or ornamentation.
It must be new and have individual character (distinct from existing designs).
Protection and Rights
Protection gives the holder the exclusive right to use the design and prevent unauthorized third parties from making, selling, or importing products with the protected design.
Protection covers the appearance only — functional aspects are excluded.
Registration Process
Designs can be registered nationally with the Czech Industrial Property Office or as a Community Design with the EU Intellectual Property Office (EUIPO).
The registration involves submitting a representation of the design (drawings or photos), identifying products it applies to, and paying fees.
The Czech office conducts a formal examination; substantive examination is limited.
Duration of Protection
Registered industrial designs are protected for an initial period of 5 years from the filing date.
Protection can be renewed in 5-year increments, up to a maximum of 25 years.
Unregistered Design Rights
The Czech Republic also recognizes unregistered Community design rights under EU law, which protect designs for up to 3 years from first disclosure in the EU without registration.
Enforcement
Design owners can enforce rights through civil courts.
Remedies include injunctions, damages, and seizure of infringing goods.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Act No. 207/2000 Coll.; EU Regulation |
| Registration Authority | Industrial Property Office (ÚPV) |
| Protection Duration | 5 years, renewable up to 25 years |
| Protection Scope | Appearance only |
| Rights | Exclusive use, prevent unauthorized use |
| International Treaties | Hague Agreement, EU Designs |
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