Act No. 196 / 2017 Coll.

Law amending certain industrial property laws in connection with the use of data from public administration information systems

Valid Effective from 25.07.2017
196
THE LAW
of 31 May 2017
amending certain industrial property laws relating to the use of data from public administration information systems
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the law on inventions and improvements
Čl. I
In Act No. 527 / 1990 Coll., on inventions and improvements, as amended by Act No. 519 / 1991 Coll., Act No. 116 / 2000 Coll., Act No. 207 / 2000 Coll., Act No. 173 / 2002 Coll., Act No. 501 / 2004 Coll., Act No. 59 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 221 / 2006 Coll., Act No. 378 / 2007 Coll. and Act No. 303 / 2013 Coll., § 64 including the title:
„§ 64
Use of data from public administration information systems
(1) In the exercise of its powers under this Act, the Office uses the following information from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death, or, where appropriate, the date which the data subject declared dead did not survive, and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) In the exercise of its powers under this Act, the Office uses the following information from the population registration information system:
(a) the name and / or the names, surnames and surnames,
(b) the address of the place of permanent residence and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(e) the date, place and district of death; if there is a death outside the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(f) the date indicated in the court's decision on the death declaration as the day of death, or, where appropriate, as the day on which the citizen declared dead did not survive, and the date on which that decision was acquired,
(g) citizenship and, where appropriate, multiple citizenship.
(3) In the exercise of its powers under this Act, the Office uses the following information from the alien information system:
(a) the name and / or the names, surnames and surnames,
(b) the type and address of the place of residence in the Czech Republic and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the declaration of death as the day of death, or, as the case may be, the day on which the alien declared dead did not survive, and the date on which the decision was acquired.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST DRUHÁ

Amendment of the Act on the protection of topographies of semiconductor products
Čl. II
In Act No. 529 / 1991 Coll., on the protection of topographies of semiconductor products, as amended by Act No. 116 / 2000 Coll., Act No. 501 / 2004 Coll., Act No. 221 / 2006 Coll. and Act No. 303 / 2013 Coll., the following Section 16a is inserted after Section 16, which includes the title:
„§ 16a
Use of data from public administration information systems
(1) In the exercise of its powers under this Act, the Office uses the following information from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death, or, where appropriate, the date which the data subject declared dead did not survive, and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) In the exercise of its powers under this Act, the Office uses the following information from the population registration information system:
(a) the name and / or the names, surnames and surnames,
(b) the address of the place of permanent residence and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(e) the date, place and district of death; if there is a death outside the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(f) the date indicated in the court's decision on the death declaration as the day of death, or, where appropriate, as the day on which the citizen declared dead did not survive, and the date on which that decision was acquired,
(g) citizenship and, where appropriate, multiple citizenship.
(3) In the exercise of its powers under this Act, the Office uses the following information from the alien information system:
(a) the name and / or the names, surnames and surnames,
(b) the type and address of the place of residence in the Czech Republic and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the declaration of death as the day of death, or, as the case may be, the day on which the alien declared dead did not survive, and the date on which the decision was acquired.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST TŘETÍ

Amendment of the utility model law
Čl. III
In Act No. 478 / 1992 Coll., on utility models, as amended by Act No. 116 / 2000 Coll., Act No. 501 / 2004 Coll., Act No. 221 / 2006 Coll. and Act No. 303 / 2013 Coll., the following Section 20b is inserted after § 20a, which includes the title:
„§ 20b
Use of data from public administration information systems
(1) In the exercise of its powers under this Act, the Office uses the following information from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death, or, where appropriate, the date which the data subject declared dead did not survive, and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) In the exercise of its powers under this Act, the Office uses the following information from the population registration information system:
(a) the name and / or the names, surnames and surnames,
(b) the address of the place of permanent residence and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(e) the date, place and district of death; if there is a death outside the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(f) the date indicated in the court's decision on the death declaration as the day of death, or, where appropriate, as the day on which the citizen declared dead did not survive, and the date on which that decision was acquired,
(g) citizenship and, where appropriate, multiple citizenship.
(3) In the exercise of its powers under this Act, the Office uses the following information from the alien information system:
(a) the name and / or the names, surnames and surnames,
(b) the type and address of the place of residence in the Czech Republic and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the declaration of death as the day of death, or, as the case may be, the day on which the alien declared dead did not survive, and the date on which the decision was acquired.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST ČTVRTÁ

Amendment of the Industrial Model Protection Act
Čl. IV
In Act No. 207 / 2000 Coll., on the Protection of Industrial Designs and amending Act No. 527 / 1990 Coll., on Inventions, Industrial Models and Improvements, as amended, as amended, as amended, Act No. 474 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 59 / 2005 Coll., Act No. 221 / 2006 Coll. and Act No. 303 / 2013 Coll., § 41 including the title reads:
„§ 41
Use of data from public administration information systems
(1) In the exercise of its powers under this Act, the Office uses the following information from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death, or, where appropriate, the date which the data subject declared dead did not survive, and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) In the exercise of its powers under this Act, the Office uses the following information from the population registration information system:
(a) the name and / or the names, surnames and surnames,
(b) the address of the place of permanent residence and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(e) the date, place and district of death; if there is a death outside the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(f) the date indicated in the court's decision on the death declaration as the day of death, or, where appropriate, as the day on which the citizen declared dead did not survive, and the date on which that decision was acquired,
(g) citizenship and, where appropriate, multiple citizenship.
(3) In the exercise of its powers under this Act, the Office uses the following information from the alien information system:
(a) the name and / or the names, surnames and surnames,
(b) the type and address of the place of residence in the Czech Republic and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the declaration of death as the day of death, or, as the case may be, the day on which the alien declared dead did not survive, and the date on which the decision was acquired.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST PÁTÁ

Amendment of the Law on the protection of designations of origin and geographical indications
Čl. V
In Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and on the Amendment to the Consumer Protection Act, as amended by Act No. 131 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 221 / 2006 Coll., Act No. 375 / 2007 Coll. and Act No. 256 / 2011 Coll., the following Section 13a is inserted as Article 13, including the title:
„§ 13a
Use of data from public administration information systems
(1) In the exercise of its powers under this Act, the Office uses the following information from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death, or, where appropriate, the date which the data subject declared dead did not survive, and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) In the exercise of its powers under this Act, the Office uses the following information from the population registration information system:
(a) the name and / or the names, surnames and surnames,
(b) the address of the place of permanent residence and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(e) the date, place and district of death; if there is a death outside the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(f) the date indicated in the court's decision on the death declaration as the day of death, or, where appropriate, as the day on which the citizen declared dead did not survive, and the date on which that decision was acquired,
(g) citizenship and, where appropriate, multiple citizenship.
(3) In the exercise of its powers under this Act, the Office uses the following information from the alien information system:
(a) the name and / or the names, surnames and surnames,
(b) the type and address of the place of residence in the Czech Republic and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the declaration of death as the day of death, or, as the case may be, the day on which the alien declared dead did not survive, and the date on which the decision was acquired.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST ŠESTÁ

Amendment to the Trade Marks Act
Čl. VI
In Act No. 441 / 2003 Coll., on Trade Marks and Amendment to Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Law on Courts and Courts), as amended, (Trade Marks Act), as amended by Act No. 501 / 2004 Coll., Act No. 221 / 2006 Coll., Act No. 296 / 2007 Coll. and Act No. 303 / 2013 Coll., the following Section 45a is inserted after Article 45, which includes the title:
„§ 45a
Use of data from public administration information systems
(1) In the exercise of its powers under this Act, the Office uses the following information from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death, or, where appropriate, the date which the data subject declared dead did not survive, and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(2) In the exercise of its powers under this Act, the Office uses the following information from the population registration information system:
(a) the name and / or the names, surnames and surnames,
(b) the address of the place of permanent residence and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(e) the date, place and district of death; if there is a death outside the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(f) the date indicated in the court's decision on the death declaration as the day of death, or, where appropriate, as the day on which the citizen declared dead did not survive, and the date on which that decision was acquired,
(g) citizenship and, where appropriate, multiple citizenship.
(3) In the exercise of its powers under this Act, the Office uses the following information from the alien information system:
(a) the name and / or the names, surnames and surnames,
(b) the type and address of the place of residence in the Czech Republic and, where appropriate, the address to which the documents are to be served under another legislation;
(c) date of birth;
(d) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(e) citizenship and, where appropriate, multiple citizenship;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the declaration of death as the day of death, or, as the case may be, the day on which the alien declared dead did not survive, and the date on which the decision was acquired.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case. Data which are kept as reference data in the population base register shall be used from the population registration or alien information system only if they are in the form preceding the current situation. ';

ČÁST SEDMÁ

EFFECTIVE
Čl. VII
This Act shall take effect on the 15th day following its publication.

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationAct No. 196 / 2017 Coll., amending certain industrial property laws in connection with the use of data from public administration information systems
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation10.07.2017
Effective from25.07.2017
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History