Decree of the Office of Inventions and Discoveries No. 107 / 1972 Coll.
Decree of the Office of Inventions and Discussions on Foreign Relations in matters of inventions and industrial designs
Valid
Effective from 01.01.1973
107
DECLARATION
Inventions and discoveries office
of 5 December 1972
on relations with abroad in matters of inventions and industrial designs
The Office for inventions and discoveries pursuant to Section 155 (1) (e) of Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and designs, provides in agreement with the participating central authorities:
(1) On a proposal from a socialist organisation (hereinafter referred to as "the organisation") or on a proposal from the author of the invention and the author of the industrial design, if the invention or industrial design is relevant for the interests of the Czechoslovak Socialist Republic and if no defects in the registration are found in terms of novelty and effect of the invention or industrial design, the consent to apply for an invention or industrial design abroad is granted by the Office for inventions and discoveries.
(2) The importance of the invention or industrial design in terms of the interests of the Czechoslovak Socialist Republic is, in particular, the importance of the invention and industrial design for the export of articles manufactured pursuant to it, the possibility of negotiating a licence or similar application of the invention and industrial design abroad or other serious reasons.
(1) The application for registration of an invention and an industrial design abroad must contain an indication of the countries to which it is proposed to apply for the invention or industrial design, an indication of the form of protection to be applied for abroad, a technical and economic justification for registration abroad, the opinion of the institution and the central authority of the superior applicant, the opinion of the central authority whose field of competence the invention and the industrial design concerns, and an indication of who will bear the costs associated with the application of the invention and industrial design abroad. If the technical and economic reason for registration abroad is a reason for export, the proposal must also contain the opinion of the foreign trade undertaking concerned. Where a proposal is submitted by an organisation other than the manager of the invention or industrial design, or by the author, the administrator shall be informed thereof.
(2) The application for registration of an invention or an industrial design abroad shall be made in such a way as to avoid compromising the right of priority from national applications for inventions and designs, taking into account the time limits set out in Sections 3 (2) and 6 (3).
(1) The application for registration of an invention and an industrial design abroad shall be decided by the Office, after consultation in a committee composed of representatives of selected central authorities, in particular the Ministry of National Defence, the Foreign Exchange and PZO Polytechna bodies and an organisation authorised to facilitate the registration of an invention and an industrial design abroad ("the approved organisation"). The appellant must be invited to the proceedings of the panel and other bodies and organisations may be invited.
(2) The application for registration of an invention and industrial design abroad must be dealt with within two months of the date on which it was submitted.
(3) The consent to apply for an invention and an industrial design abroad shall be delivered to the applicant, to the manager of the invention and to the industrial design and to the approved organisation.
He who has been given the consent to apply for an invention or industrial design abroad and approved organisations shall take all necessary measures to comply with the obligations arising from the relevant international agreements. In accordance with the interests of the Czechoslovak Socialist Republic, he who has been given the consent to apply for an invention or industrial design abroad is obliged to use the possibility of non-exclusive form of protection of the invention or industrial design abroad.
The registration of an invention or industrial design abroad shall take place exclusively through an approved organisation.
(1) He who has been given the consent to apply for an invention and an industrial design abroad shall submit an application for an invention and an industrial design to the approved organisation with all the necessary particulars required by the legislation of the State in which the application is to be filed.
(2) The approved organisation shall examine whether the application submitted for an invention and an industrial design has the formalities referred to in paragraph 1. If the application submitted does not have the necessary formalities, the approved organisation shall, as far as possible, complete it or return the application to supplement and remove the defects.
(3) In particular, the authorised organisation shall ensure that the invention is registered abroad before the expiry of the 12-month period from the submission of the same application in the Czechoslovak Socialist Republic, in the industrial design before the expiry of the six-month period from the submission of the same application in the Czechoslovak Socialist Republic. If there is a risk of delay, the beneficiary organisation may submit an application abroad without the formalities referred to in paragraph 1, in particular if it can be supplemented during the procedure for granting protection abroad.
Organisations which have been given the consent to apply for an invention or industrial design abroad shall cooperate to the extent necessary to the extent necessary.
The costs associated with applying for, discussing and maintaining protection abroad and the economic effectiveness of their costs are borne by those who have undertaken to compensate for these costs. Reimbursements abroad shall be made under the applicable foreign exchange regulations by an approved organisation, which shall also carry out other work related to the application of the invention and industrial design abroad.
(1) The approved organisation shall keep records of Czechoslovak inventions and industrial designs registered abroad so that it can be used to carry out the necessary analyses.
(2) The details of the register referred to in paragraph 1, in particular the information to be kept in the register, shall be determined by an agreement between the Office and the authorised organisation.
The earlier provisions shall apply mutatis mutandis when the application for an invention and an industrial design lodged abroad is withdrawn and the protection granted to inventions and designs abroad is waived.
Unless otherwise provided for in the international treaty, persons who do not reside in the territory of the Czechoslovak Socialist Republic shall be represented in the proceedings under Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs, and under the regulations issued for the implementation of this law either by a lawyer from the relevant legal counsel or by the relevant organisation. The list of such legal advisors and organisations shall be published by the President of the Office in the Office Bulletin in agreement with the competent central authorities.
This Decree shall take effect on 1 January 1973.
Chairman:
Ing. White Head
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Regulation Information
| Citation | Decree of the Office of Inventions and Discoveries No. 107 / 1972 Coll., on relations with abroad in matters of inventions and industrial designs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.1972 |
|---|---|
| Effective from | 01.01.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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