Decree of the Office of Inventions and Discoveries No. 160 / 1973 Coll.
Ordinance of the Office for Inventions and Disclosure of Proceedings on the Designation of Origin of Products
Valid
Effective from 01.02.1974
160
DECLARATION
Inventions and discoveries office
of 13 December 1973
on proceedings concerning the designation of origin of products
The Office for inventions and discoveries pursuant to Article 19 of Act No. 159 / 1973 Coll., on the Protection of the Designation of Origin of Products, provides:
(1) The application for a designation of origin for products (hereinafter referred to as "the application") shall be submitted in writing to the Office for inventions and discoveries (hereinafter referred to as "the Office") and may contain only one designation of origin.
(2) It must be clear from the application that registration of the designation of origin and registration of the user is requested.
(3) Where several users submit the application and do not have a common representative, they shall indicate in the application the name and address of the person to whom the Office's messages and decisions are to be sent (service agent); If they do not do so, the reports and decisions shall be sent to the first person on the application.
The application shall contain:
(a) the name and address of the applicant and his nationality; if the applicant is a legal person, the name and address of the superior authority and the competent central authority shall also be indicated;
(b) the name and address or the name, surname and address of the representative, if the applicant is represented;
(c) the name and registered office of the establishment or establishment which produces the products bearing the designation of origin in the place where the geographical name is the designation of origin;
(d) the text of the designation of origin;
(e) the country, zone or place of origin of the product;
(f) the name of the products covered by the designation of origin;
(g) the quality or characteristics characteristic of these products.
(1) The application shall be accompanied by:
(a) proof of the name of the applicant and the subject of his activity;
(b) the statement of the competent central authority or, if it is an organisation managed by the national committee, the competent regional national committee on the designation of origin and the products covered by the designation of origin,
(c) proof of payment of the administrative fee.
(2) Where an application is lodged by a foreign legal or natural person, proof of recognition of a designation of origin in the country of origin, testifying to the applicant, shall be attached instead of the above statement.
(1) An application for the registration of another user of a registered designation of origin shall be made in writing to the Office and shall include, in addition to the similar particulars and documents referred to in Article 2 (3) (1) (a), (c) the statement of the competent central authority or, if it relates to an organisation managed by the national committee, the relevant regional national committee on other users of the designation of origin and its products.
(2) Where an application for registration of another user of a designation of origin is made by a foreign legal or natural person, he shall, in addition to the similar documents referred to in Article 3 (1) (a), (c), attach proof that he is another user of the designation of origin in the country of origin.
The statement on the designation of origin or on another user of the already registered designation of origin must contain an assessment as to whether the products covered by the designation of origin comply with the statutory conditions (§ 1, 6 of Act No. 159 / 1973 Coll.).
(1) The Office shall indicate on the application the exact time (date, hour, minute) when the application was delivered to the Office. The applicant shall issue a certificate of receipt of the application.
(2) The application for registration of another user of the designation of origin is equally followed by the Office.
(1) The following shall be entered in the register of designations of origin:
(a) the registration number of the designation of origin and the date of the decision of the Office granting protection;
(b) the text of the designation of origin;
(c) the date of registration of the designation of origin;
(d) the country, zone or place of origin of the product;
(e) the name and address of the applicant and his nationality;
(f) the name and registered office of the establishment or establishment which produces the products bearing the designation of origin in a place whose geographical name is the designation of origin;
(g) another user of the registered designation of origin;
(h) the name and registered office or the name, surname and address of the applicant's representative or other user;
(i) the object of the activity of the applicant and of another user;
(j) the beginning of the scope of protection of the designation of origin or the protection of another user;
(k) the crossing or transfer of the designation of origin;
(l) cancellation of registration of the designation of origin or registration of users.
(2) The register shall include a definition of the quality and characteristics of the products covered by the designation of origin.
The Office shall indicate in the certificate of registration of the designation of origin or the registration of another user all the particulars entered in the register. Upon request, they shall indicate in the certificate previously issued the changes and new elements entered in the register at a later date.
(1) The application for revocation of the registration of a designation of origin or the registration of another user shall be submitted to the Office in writing.
(2) The application shall be substantiated in substance and shall be supported or proposed by evidence.
(3) The application may cover only one designation of origin. It shall be lodged in the number of copies required for all parties to the proceedings. It shall be served on each party to the proceedings and shall set the time limit within which he is to make his observations on the application. If it does not express itself within the time limit laid down, this shall not prevent the Office from deciding on the application.
The Office, acting on a proposal from a legal or natural person who is a registered user, shall give consent to the registration of a designation of origin abroad if it is of interest to the Czech economy.
(1) The application for registration of a designation of origin abroad must contain an indication of the countries to which it is proposed to apply for a designation of origin, the economic justification for applying abroad, the opinion of the competent central authority or the Regional National Committee and of the competent foreign trade undertaking, the name and registered office of the person who will bear the costs of applying for a designation of origin abroad.
(2) This proposal shall be decided upon by the Office, after consultation in a committee composed of representatives of, in particular, the competent central authorities, the foreign exchange authority, the foreign trade undertaking and the organisation authorised to facilitate the registration of the designation of origin abroad.
The previous provisions shall apply mutatis mutandis when the application for a designation of origin is filed abroad and when the maintenance of the protection is waived.
The application for a designation of origin for registration under the Lisbon Agreement on the protection of designations of origin and their international registration of 31 October 1958 shall be submitted through the Office.
The list of legal advisers and organisations authorised to represent within the meaning of Article 15 of Act No. 159 / 1973 Coll., on the protection of the designation of origin of products, shall be published by the President of the Office in an agreement with the competent central authorities in the Office Bulletin.
This Decree shall take effect on 1 February 1974.
Chairman:
Ing. White Head
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Regulation Information
| Citation | Decree of the Office for Inventions and Discoveries No. 160 / 1973 Coll., on the Management of 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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