Act No. 159 / 1973 Coll.
Law on the protection of designations of origin for products
Valid
Effective from 01.02.1974
159
THE LAW
of 12 December 1973
on the protection of the designation of origin of products
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
(1) The designation of origin of products (hereinafter referred to as the designation of origin) is the geographical name of the country, zone or place which has become generally known as the origin of the product, the quality or characteristics of which are given exclusively or substantially by the geographical environment, including factors of natural or human nature.
(2) In addition to industrial and craft products, agricultural and natural products are considered as products under this Act.
Protection of the designation of origin under this Act is established by its registration in the register of designations of origin ("the Register '), which is maintained by the Office for Inventions and Discoveries (" the Office').
Only registered users may use the registered designation of origin.
(1) The registered designation of origin may not be used by any person, in particular by accepting or copying them, even if the true origin of the products is marked or even if the designation is used in a translation or in a different form, if, despite differences, there is a risk of interchangeability, or even if it is accompanied by expressions such as "type," "type," "method," "imitation," etc.
(2) The registered designation of origin shall not be used as a designation of the type of products.
(3) No licence may be granted for registered designations of origin.
(4) In the case of a merger or division of an organisation which is a registered user of a designation of origin, the right shall pass from the registered designation of origin in the same way as any other of its rights; the transfer shall be registered. For other reorganisations and transfers of production programmes, the registered designation of origin may be transferred by agreement of the organisations with the agreement of the Office; the transfer takes effect by entering in the register. In all cases of conversion or transfer of registered designation of origin, the products must continue to comply with the conditions laid down in Section 1.
(1) The registered user of the designation of origin may request the authority which is called upon to do so that the infringement of his rights be prohibited and the malfunctioning removed; other rights of registered users of the designation of origin are not affected.
(2) The authorisation referred to in paragraph 1 shall not be used against anyone who, within six months of the notification of the registration of the designation of origin in the Bulletin issued by the Office ("the Bulletin '), requests the Office to be registered as another user of the designation of origin (§ 8) and will be registered as such.
The registration of the designation of origin shall be requested by application to the Office.
(1) The application for a designation of origin may be lodged with the Office by legal and physical persons.
(2) The Office shall register the designation of origin and its user if it finds that the application for a designation of origin has the formalities laid down in the implementing rules and that the designation of origin complies with the conditions laid down in Section 1. The applicant shall issue a certificate of registration of the designation of origin. The registration shall be published by a notice in the Bulletin.
(3) If the application is not required, the Office shall invite the applicant to remedy the deficiencies within three months. If he does not, he shall be deemed to have dropped the application.
(4) If the designation of origin does not comply with the conditions laid down, the Office will reject the application.
(1) The Office may request registration as another user of the designation of origin if the products comply with the conditions laid down for the designation of origin already registered. The procedure for this application shall be treated in a similar manner to the application for a designation of origin.
(2) Protection of the rights of another user under this Act is established by registration.
(1) The protection resulting from the registration of a designation of origin or the registration of another user of a designation of origin shall apply from the date on which the application for registration of a designation of origin or the application for registration of another user has reached the Office.
(2) The duration of such protection is unlimited in time.
(1) The Office shall revoke the registration of the designation of origin if it finds that:
(a) the designation of origin has been registered without complying with the conditions laid down in Article 1;
(b) the conditions laid down for registration of the designation of origin have been exhausted;
(c) all registered users have given up the designation of origin in writing.
(2) The Office shall cancel the registration of an individual user of the designation of origin if the reason referred to in paragraph 1 (a) above is not fulfilled. (b) or (c) applies only to that user.
(3) The decision shall state the date on which the registration of the designation of origin or the registration of the user is cancelled. The Office shall register the cancellation and notify it in the Bulletin.
The decision of the Office may be subject to decomposition within one month of receipt of the decision.
Everyone has the right to consult the register and to request official extracts from it.
(1) Czechoslovak designations of origin may be registered abroad only after registration in the Czechoslovak Socialist Republic and only with the approval of the Office.
(2) The revocation of an application for a designation of origin lodged abroad and the waiver of protection is also subject to the approval of the Office.
The registered users of the designation of origin shall, without undue delay, notify the Office of the new facts which are entered in the register of designations of origin as well as of changes to those already registered.
Legal and natural persons who do not have their domicile or seat in the territory of the Czechoslovak Socialist Republic shall be represented in proceedings before the Office by a member of the organisation entitled to do so.
(1) Under reciprocal conditions, foreigners have the same rights and obligations as Czechoslovak citizens.
(2) Paragraph 1 shall apply mutatis mutandis to legal persons.
(1) This law remains unaffected by the protection of designations of origin provided under other regulations or international agreements.
(2) Czechoslovak designations of origin registered under the Lisbon Agreement on the protection of designations of origin and their international registration on the date of entry into force of this Act shall be registered by the Office. Such registered designations of origin shall become effective on the date of the protection provided for in this Act.
(1) Submission (applications, applications, etc.) to the Office may be made only in writing.
(2) Paragraphs 19 (5), 29 (2) and 49 of Act No 71 / 1967 Coll., on Administrative Procedure, do not apply.
(3) Otherwise, the general rules on administrative procedures with derogations laid down in this Act apply to proceedings before the Office.
The Authority shall adapt the implementing provisions to:
(a) the particulars of the application for the designation of origin and the application for registration of another user;
(b) the particulars of the application for revocation of the registration of the designation of origin or the registration of the user;
(c) the facts which are entered in the register of designations of origin kept with the Office;
(d) the particulars to be entered on the certificate of registration of the designation of origin;
(e) relations with and representation of foreigners before the Office.
This Law shall take effect on 1 February 1974.
Freedom v. r.
Indra v. r.
Dr Strougal v. r.
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Regulation Information
| Citation | Act No. 159 / 1973 Coll., on the Protection of the Designation of Origin of Products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1973 |
|---|---|
| Effective from | 01.02.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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