Act No. 215 / 2022 Coll.
Act amending Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, as amended
Valid
Law
Effective from 06.08.2022
Text versions:
06.08.2022
22.07.2022
215
THE LAW
of 29 June 2022
amending Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 452 / 2001 Coll., on the protection of designations of origin and geographical indications and amending 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., Act No. 256 / 2011 Coll., Act No. 196 / 2017 Coll., Act No. 277 / 2019 Coll. and Act No. 261 / 2021 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Regulation (EU) No 1151 / 2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs, as amended. Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007, as amended. Regulation (EU) No 251 / 2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601 / 91. Commission Delegated Regulation (EU) No 664 / 2014 of 18 December 2013 supplementing Regulation (EU) No 1151 / 2012 of the European Parliament and of the Council with regard to the establishment of Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and certain rules on origin, procedural rules and other transitional rules. Commission Implementing Regulation (EU) No 668 / 2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151 / 2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs. Commission Delegated Regulation (EU) 2019 / 33 of 17 October 2018 supplementing Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council with regard to applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, objection procedure, restriction of use, amendment of product specification, revocation of protection and labelling and presentation, as amended. Commission Implementing Regulation (EU) 2019 / 34 of 17 October 2018 laying down detailed rules for the application of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council as regards applications for the protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, changes to the product specification, the registration of protected names, the abolition of the protection and use of symbols, and Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council as regards the appropriate control system. Regulation (EU) 2019 / 787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications of spirit drinks, the use of alcohol and spirits of agricultural origin in the manufacture of alcoholic beverages and repealing Regulation (EC) No 110 / 2008, as amended. Regulation (EU) 2019 / 1753 of the European Parliament and of the Council of 23 October 2019 on Union measures following its accession to the Geneva Act of the Lisbon Agreement on designations of origin and geographical indications. Commission Delegated Regulation (EU) 2016 / 1235 of 12 May 2021 supplementing Regulation (EU) 2019 / 787 of the European Parliament and of the Council with regard to the rules on applications for the registration of geographical indications of spirit drinks, amendments to the product specification, revocation of registration and registration. Article 2
2. In Paragraph 1 (2) (b), the words "products originating in the Czech Republic or, where appropriate, in 'are replaced by the words" for goods originating in the Czech Republic or, where appropriate, from'.
3. in Article 1 (2), point (d) is deleted;
Point (e) shall be renumbered as point (d).
4. In Article 3, the words "with the exception of designations of origin and geographical indications for goods to which protection is granted exclusively under the directly applicable European Union1 regulations' (hereinafter referred to as" exclusive Union protection ') shall be inserted after the words "labelling'.
5. Paragraph 4 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
6. In Article 4 (3), the words "with the exception laid down in paragraph 2 'are deleted.
7. Paragraph 5 (1), including footnote 1b, reads as follows:
"(1) The registration of a designation of origin in the Register for goods manufactured, processed or prepared in the territory and under the conditions laid down in Article 2 (a) may be requested by a legal person bringing together the producer or processor of such goods or by a member or members of a company formed by an association of producers or processors of such goods 1b). An individual natural or legal person may also apply for registration of a designation of origin if he proves that he is the only manufacturer or processor in the territory and under the conditions laid down in Paragraph 2 (a) who wishes to submit the application.
(1b) For example, § 214 et seq. of the Civil Code, § 2716 et seq. of the Civil Code. '.
8. Paragraph 5 (2) is deleted.
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
9. In Article 5 (2) of the Introductory Part of the provision, the words "except for the general elements of the application under the Administrative Rules' shall be inserted after the words" (hereinafter referred to as "the application ')'.
10. in Article 5 (2), point (b) is deleted;
Points (c) to (f) shall be renumbered (b) to (e).
11. in Article 5 (3), the word "management2" is replaced by the word "administration," "3 (d)" is replaced by "2 (c)," "3 (f)" is replaced by "2 (e)" and at the end of the paragraph the sentence "This shall not apply if this is identifiable from the public administration information system."
footnote 2 is deleted.
12. in Article 5, paragraphs 4 and 5 are deleted;
Paragraph 6 shall become paragraph 4.
13. in Article 5 (4), "4" is replaced by "3."
14.
15. Paragraph 7 (2) reads:
"(2) If the application does not have the required particulars or if it has other defects, the time limit for the correction of deficiencies shall not be less than 2 months. ';
16. in Article 7, paragraph 5 is deleted;
17. in Article 8 (2), the part of the sentence after the semicolon, including the semicolon, shall be deleted;
Article 18 (9) and (10) shall be deleted.
19. In Section 11 (1) of the introductory part of the provision, the words "the competent control authority 'are deleted.
20. in Paragraph 11 (1) (b), the semicolon is replaced by a dot and point (c) is deleted;
21. Paragraph 11 (2) shall be deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
22. in Article 11 (2), the words "or (c)" shall be deleted;
23. In Section 12, the words "for the content and control of the specification of an agricultural product or foodstuff," are deleted.
24. in Article 13 (1), the words "the time limit for the decision to be taken" shall be inserted after the words "the agents";
footnote 9:
"9) § 71 (3) of the Administrative Regulation."
25. In footnote 5, the second sentence is replaced by "Act No. 417 / 2004 Coll., on Patent Representatives and amending the Act on Industrial Property Protection Measures, as amended."
26. In Paragraph 14, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Paragraph 1 shall not apply to natural persons who are nationals of a Member State of the European Union or a Contracting Party to the Agreement on the European Economic Area and who are established in the Czech Republic or who provide services in the Czech Republic. Furthermore, it shall not apply to legal persons having their management or registered office in the territory of a Member State of the European Union or of a Contracting Party to the Agreement on the European Economic Area and established in the territory of the Czech Republic or providing services in the territory of the Czech Republic. If these persons do not have their registered office or place of residence in the Czech Republic, they must indicate the address for service in the Czech Republic for proceedings before the Office."
27. in Article 15 (2) (g), the words "and, where the goods are agricultural products or foodstuffs referred to in the Decree pursuant to Article 26, its specifications, including any amendments thereto," shall be deleted.
28. Paragraph 16 (1), including footnote 6, reads as follows:
"(1) Persons who have their place of residence or registered office in the Czech Republic may, through the Office, apply for the international registration of a designation of origin or geographical indication under the international contract (6).
6) The Lisbon Agreement for the protection of designations of origin and their international registration of 31 October 1958 revised in Stockholm on 14 July 1967, published under No 67 / 1975 Coll., as amended by Decree No 79 / 1985 Coll. Geneva Act of the Lisbon Agreement on designations of origin and geographical indications. '
29. In Article 16, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Where the application referred to in paragraph 1 is made by a designation of origin or geographical indication which is granted exclusive Union protection, the Office shall forward the application for further action to the European Commission (" the Commission ').
(3) Where an application referred to in paragraph 1 is made in respect of a designation of origin or geographical indication which is not protected exclusively by the Union, the Office shall request an opinion from the Commission on the application for international registration under an international agreement. If the Commission's position on the submission of an application is disagreed, the Office shall terminate the procedure for such an application. The Office shall submit a request to the International Office of the World Intellectual Property Organisation (hereinafter referred to as the International Office) if the Commission's opinion is in agreement. ';
Paragraph 2 shall become paragraph 4.
30. In Article 16 (4), the words "or geographical indication 'and the words" referred to in paragraph 1' shall be inserted after the words "origin '.
31. in Article 17 (1), the words "or geographical indication" shall be inserted after the word "origin."
32. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) The Office shall notify the International Office of the refusal of the effects of the international registration of a designation of origin or geographical indication in the territory of the Czech Republic
(a) on the basis of a reasoned reservation applied within 3 months of publication in the Register of the International Office under the Geneva Act of the Lisbon Agreement on designations of origin and geographical indications; or
(b) in the event that this designation does not fulfil the conditions laid down for registration. "
Paragraph 2 shall become paragraph 3.
33. In Article 17 (3), the words "or geographical indication 'shall be inserted after the word" origin'.
34. In Article 17, the following paragraph 4 is added:
"(4) The Office shall notify the International Bureau of the impossibility of granting protection on the territory of the Czech Republic where the application concerns a designation of origin or geographical indication falling within the scope of exclusive Union protection. ';
35. in § 18, the text "§ 10 (1)" is replaced by the text "§ 19 (2)."
36. in Paragraph 19 (1):
"(1) An application for registration of a designation of origin or geographical indication which is granted exclusive Union protection for goods originating in the Czech Republic or, where applicable, from a cross-border geographical area (hereinafter referred to as" the application for Union registration "), where the designation of origin or geographical indication is used in the Czech Republic in relation to such goods, shall be submitted to the Office. '
37. In § 19 (2) and (3), § 19 (4) first sentence, § 19 (5), § 20 of the introductory part of the provision, § 20 (a), § 21 (1) first sentence, and § 21 (5) to (7), the word "Community" is replaced by "Union."
38. In Paragraph 19 (2), the word "finding 'is replaced by the word" supporting document' and at the end of the text of the paragraph, the words "authorised to check the specification, which is, within the scope of its competence, the State Agricultural and Food Inspection, the State Veterinary Administration or the Central Control and Examination Institute of Farming3) 'are added.
39. In § 19 (4), first sentence, § 20, introductory part of the provision, § 21 (1), second sentence, § 22b (7), first sentence, § 23 (1) (b) and in § 23 (2), the words "origin or geographical indication" shall be inserted after the word "designation."
40. In section 20 of the introductory part of the provision and in section 20 (a), the word "Community 'is replaced by" European Union'.
41. in the second sentence of Article 21 (1), the words "the European Commission (" the Commission ")" shall be replaced by the words "the Commission."
42. In Articles 21 (5) and 22b (5), the word "product" is replaced by "goods," the word "product" is replaced by the word "goods" and the words "where the product is originating" are replaced by "where the goods come from."
43. In Articles 21 (5), 22a (5) and 22b (5), the word "finding" shall be replaced by "supporting documents."
44. In Paragraph 21 (6), the word "file 'is replaced by" issue' and the word "find 'is replaced by" base'.
45. the following Section 21a is inserted after Section 21:
If there are substantial changes in the specification of goods originating in the Czech Republic or in a cross-border geographical area in the course of the procedure, the Office shall make a new publication of the application pursuant to Article 20 and allow objections to be raised pursuant to Article 21. "
46. Paragraph 22, including footnote 7, reads as follows:
The decision to refer the application for a Union registration shall be served by the Office by a public decree (7).
7) § 25 of the Administrative Code. '.
47. In Section 22a, the words "requiring management at European Union level 'are added.
48. in Paragraph 22a (1), the words "product originating in the Czech Republic" are replaced by the words "goods originating in the Czech Republic" and the words "v" are replaced by "z."
49. in Article 22a, the sentence "The application must be accompanied by the documents referred to in Article 19 (2) shall be added at the end of paragraph 1."
50. in Paragraph 22a, at the end of paragraph 2, the sentence "Paragraph 21a shall apply mutatis mutandis for new publication."
51. in the first sentence of Paragraph 22a (4), the word "Community" shall be replaced by "Union" and the words "origin or geographical indication" shall be inserted after the word "designation."
52. in Article 22a (5), the words "provided for in Article 19 (2)" shall be inserted after the words "the control authority."
53.In Article 22a (7), the sentences of the second to last paragraphs are deleted.
54. In Section 22b, the words "origin or geographical indication 'are added.
55. In Paragraph 22b (1), the words "products originating in the Czech Republic or in" shall be replaced by "goods originating in the Czech Republic or from."
56. In § 22b (2) first sentence, § 22b (4) first and last sentences, § 22b (5) and (6), § 22b (7) first sentence and in § 22b (8) first sentence, the word "Community" is replaced by "Union."
57. In Article 22b (4), first and last sentences, the words "origin or geographical indication" shall be inserted after the words "designation."
58. in Paragraph 22b (6), the word "finding" is replaced by the word "background."
59. In Paragraph 22b (8), the sentences of the second and last paragraphs are deleted.
60. Paragraph 22c, including the title and footnote 8, reads as follows:
Opposition against a request for registration, revocation or amendment of a specification of goods originating in another State
Where, through the Office, objections are raised in proceedings before the Commission against a request for Union registration, a request for revocation or a request for amendment of a specification of goods originating in another State, they shall be submitted to the Office no later than 1 month before the end of the period laid down directly by the European UnionRegulation applicable).
8) Article 51 (1) of Regulation (EU) No 1151 / 2012 of the European Parliament and of the Council. Article 98 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council Article 27 (1) of Regulation (EU) 2019 / 787 of the European Parliament and of the Council. '
61. The following Sections 22d and 22e are inserted after Section 22c, including the headings and footnotes 10 and 11:
Amendment of the specification not requiring management at European Union level
(1) Paragraph 22a (1) to (6) shall apply mutatis mutandis to the procedure for amending the specification.
(2) The decision to amend the specification will be delivered by the Office by a public decree (7).
(3) The Authority shall notify the Commission of the relevant decision amending the specification. If the Commission withdraws the Authority's decision to amend the specification, the Authority shall implement the new procedure and issue a new decision10).
Temporary amendment of the specification
(1) Paragraph 22a (1) to (6) shall apply mutatis mutandis to the procedure for the temporary amendment of the specification, provided that the time limit laid down in Paragraph 22a (2) for landing the amendment of the specification and the time limit for submitting objections is 1 month.
(2) The application shall include evidence of the justification of the change under sanitary and plant health measures or related to natural disasters or adverse weather conditions under the directly applicable European Union11).
(3) The decision on the temporary amendment of the specification shall include the period during which the temporary amendment has effect. The decision to amend the specification shall be delivered by the Office by a public decree (7).
(4) The Authority shall notify the Commission of the relevant decision on the temporary amendment of the specification.
10) Paragraph 101 (e) of the Administrative Regulation.
11) Article 6 (3) of Commission Delegated Regulation (EU) No 664 / 2014. Article 31 (3) of Regulation (EU) 2019 / 787 of the European Parliament and of the Council Article 53 (3) of Regulation (EU) No 1151 / 2012 of the European Parliament and of the Council. '
62. In Article 23 (1) of the Introductory Part of the provision, the words "origin or geographical indications' shall be inserted after the words" designations'.
63. in Article 23 (1) (a), the words "origin or geographical indication" shall be inserted after the words "registered designation" and after the words "protected designation."
64. In Section 24, the words "origin or geographical indication 'are inserted after the words" registered designation'.
65. Article 26 shall be deleted;
Transitional provisions
1. Where a person who, under existing legislation, has been registered in a register maintained by the Industrial Property Office (hereinafter referred to as "the Register ') with a designation of origin or geographical indication for goods originating in the Czech Republic, or a cross-border geographical area to which protection is granted exclusively under the directly applicable European Union rules (hereinafter referred to as" exclusive Union protection'), the Union's exclusive protection shall take effect by providing it instead of the protection provided in the Czech Republic under existing legislation. Paragraph 19 (2) of Act No. 452 / 2001 Coll., as effective from the date of entry into force of this Act, shall apply mutatis mutandis to the details of the application.
2. Where the designation of origin and the geographical indication are not protected exclusively by the Union at the request of point 1, registration shall cease on the date on which the decision of the competent authority of the European Union becomes final.
3. The registration of a designation of origin or geographical indication in the Register for goods falling within the scope of exclusive Union protection for which an application has not been submitted pursuant to point 1 shall expire on 14 September 2022.
4. The registration of a designation of origin in a register which has been granted protection under the Lisbon Agreement for the protection of designations of origin and on their international registration for goods falling within the exclusive Union protection area for which an application has not been submitted under point 1 shall expire on 14 September 2022.
5. The application for international registration of a designation of origin or geographical indication under the Geneva Act of the Lisbon Agreement on designations of origin and geographical indications which are protected under the Lisbon Agreement for the protection of designations of origin and their international registration and which has been granted exclusive Union protection instead of protection granted in the Czech Republic under the existing legislation may be lodged until 14 September 2022.
Repeal
Decree No. 243 / 2002 Coll., implementing Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, is hereby repealed.
Efficacy
This Act shall take effect on the 15th day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 215 / 2022 Coll., amending Act No. 452 / 2001 Coll., on the Protection of Designations of Origin and Geographical Indications and amending the Consumer Protection Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2022 |
|---|---|
| Effective from | 06.08.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 161
Public Contracts 1
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MEDISERVIS s.r.o.
105 600 CZK
27.11.2023
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