What is Act No. 355 / 2014 Coll.?

Act No. 355 / 2014 Coll., on the jurisdiction of the authorities of the Customs Administration of the Czech Republic in connection with the enforcement of intellectual property rights — Law on the jurisdiction of the customs authorities of the Czech Republic in connection with the enforcement of intellectual property rights.

When it became Act No. 355 / 2014 Coll. effectiveness?

Act No. 355 / 2014 Coll. became effective 01.01.2015.

Is Act No. 355 / 2014 Coll. still valid?

Yes, Act No. 355 / 2014 Coll. is still valid and effective.

How many times was it Act No. 355 / 2014 Coll. amended?

Act No. 355 / 2014 Coll. has 6 time versions of the text.

Act No. 355 / 2014 Coll. - Law on the jurisdiction of the customs a...

355

THE LAW

of 18 December 2014

on the competence of the customs authorities of the Czech Republic with regard to the enforcement of intellectual property rights

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter

(1) This Act regulates the scope of the authorities of the Customs Administration of the Czech Republic (hereinafter referred to as the "Customs Administration ') in the context of the enforcement of intellectual property rights for the exercise of:

(a) measures in cooperation with a person entitled to enforce intellectual property law;

(b) the supervision of compliance with obligations and prohibitions relating to the enforcement of intellectual property rights.

(2) The scope referred to in paragraph 1 shall be exercised:

(a) on the national market;

(b) in the course of customs supervision, following a directly applicable European Union regulation governing the customs authorities' competence in the context of the enforcement of intellectual property rights (1) (hereinafter referred to as the "European Union Regulation").

§ 2

Exercise

(1) The scope under this Act is exercised by the customs authorities.

(2) The customs office in Liberec (hereinafter referred to as the "designated customs office") is responsible locally for the decision on the request for action.

§ 3

Goods on the national market

For the purposes of this Act, goods which:

(a) is situated in the territory of the Czech Republic; and

(b) shall not be subject to customs supervision in the customs territory of the European Union in accordance with the directly applicable European Union2).

§ 4

Terms

For the purposes of exercising the competence of customs authorities in respect of the enforcement of intellectual property rights on the national market, the definitions of the terms referred to in Article 2 of the Regulation of the European Union shall apply mutatis mutandis, except for those whose use is not possible from the nature of the case.

§ 5

Prohibition of the treatment of goods infringing intellectual property law

(1) It shall be prohibited to dispose of goods infringing intellectual property rights.

(2) For the purposes of this Act, the treatment of goods shall mean, in particular, production, processing, transport, transport, storage, sale or other transfer, offering, import, export, placing on the market, taking over, using or holding such goods, where such disposal does not take place for the personal use of a natural person on the national market.

ČÁST DRUHÁ

MEASURES ON THE NATIONAL MARKET

HLAVA I

GENERAL PROVISIONS

§ 6

National market measures

(1) A measure on the national market is the detention of goods on the national market by the customs authority in the cases provided for by this law.

(2) The measures on the national market do not apply to goods manufactured

(a) in excess of the quantity agreed with the manufacturer of such goods by the holder of the intellectual property right; or

(b) with the agreement of the holder of an intellectual property right.

HLAVA II

PROCEDURE IN THE MATTERS OF THE NATIONAL MARKET MEASURES

§ 7

Request for action on the national market

A request for action on a national market may be made by a person who is entitled to enforce an intellectual property right under a law governing the enforcement of industrial property rights or under a copyright law (hereinafter referred to as the entitled person).

§ 8

Decision on the request for action on the national market

(1) The conditions for a decision approving an application for action on the national market (hereinafter referred to as the "decision for the national market ') are:

(a) the fact that the beneficiary has communicated the facts enabling action to be taken on the national market;

(b) the application for action on the national market clearly refers to an intellectual property right enforceable in the territory of the Czech Republic and that right is not included in another valid decision for the national market; and

(c) the fact that the beneficiary is free of charge.

(2) The decision for the national market shall specify a period of no more than 1 year for the customs authorities to take action on the national market and the beginning of that period.

§ 9

Amendment of the decision to the national market

(1) The time limit within which the customs authorities are to take action on the national market, the designated customs office, at the request of the person who has been given a decision for the national market (hereinafter referred to as the "holder of the decision for the national market"), shall extend the decision by a maximum of 1 year, including repeatedly.

(2) Application under paragraph 1 by the customs office designated

(a) may refuse if it has been lodged less than 15 days before the expiry of the period for which an extension is requested; or

(b) reject, where the conditions for the withdrawal of a decision for the national market are fulfilled, an ex officio decision for the national market.

(3) The designated customs office shall amend the decision for the national market if the conditions for the decision for the national market are fulfilled,

(a) at the request of the holder of the decision on the national market; or

(b) ex officio where the particulars in the decision for the national market have changed.

(4) The first act of the designated customs office on the amendment of the decision referred to in paragraph 3 (b) may be the decision.

§ 10

Repeal of the decision for the national market on a proposal

The designated customs office shall revoke the decision for the national market on a proposal from the holder of the decision for the national market.

§ 11

Revocation of decisions for the national market ex officio

(1) Where the designated customs office finds that the conditions for a decision for the national market are not fulfilled, it shall invite the holder of the decision for the national market to comply with it within a time limit set by the designated customs office, provided that the nature of those conditions permits compliance.

(2) The designated customs office shall revoke the decision for the national market if:

(a) the holder of the decision for the national market at the request of the designated customs office shall not ensure that the conditions for the decision for the national market are met within a specified time limit;

(b) the conditions for the granting of a decision for the national market are not fulfilled, which the designated customs office does not call upon,

(c) the holder of the decision has repeatedly failed to comply with the notification requirement of Article 12 for the national market;

(d) the holder of the decision for the national market has not complied with the obligation to return to the customs office the samples which have been given to him or to prove that they have been destroyed or damaged in a way which prevents them from being returned;

(e) the holder of the decision has repeatedly failed to fulfil the obligation to pay the costs pursuant to Paragraph 49; or

(f) the holder of the decision for the national market has not repeatedly submitted a proposal for the initiation of a judicial procedure to determine whether an intellectual property right has been infringed without a serious reason.

§ 12

Obligations of the decision holder for the national market

(1) The holder of the decision for the national market is obliged to notify the designated customs office

(a) facts which may justify the revocation of a decision for the national market; or

(b) an amendment to the data specified in the decision for the national market.

(2) The fact or change of the data referred to in paragraph 1 shall be notified by the holder of the decision to the national market within 3 working days of the date on which it was established, but not later than 10 working days from the date on which it occurred, electronically in the format and structure published by the designated customs office in a manner enabling remote access.

(3) The holder of a decision for the national market may use the information provided to him by the customs authority pursuant to Articles 13 (2), 15 (1) and (2) or 16 (1) or the knowledge of the verification and sampling of the seized goods pursuant to Article 17 only for the purposes of:

(a) a simplified procedure for the destruction of goods;

(b) judicial proceedings to determine whether intellectual property law has been infringed;

(c) the exercise of claims for a threat or infringement of an intellectual property right; or

(d) criminal or administrative proceedings.

(4) Where, in the context of a measure on the national market, a person who has been detained has suffered damage as a result of the conduct of the holder of the decision on the national market, the decision holder shall be responsible for such damage to the national market.

HLAVA III

REDUCTION OF GOODS ON THE NATIONAL MARKET AND RELATED PROCEDURES

§ 13

Detention of goods

(1) When carrying out surveillance in the field of the handling of goods on the national market, the customs office shall:

(a) goods suspected of infringing an intellectual property right, except for perishable goods for which no decision has been given for the national market; or

(b) goods which can reasonably be expected to be treated in breach of the terms of free transfer for humanitarian purposes.

(2) Before goods are detained, the customs office may invite the holder of the decision to the national market or any person who may be authorised in relation to the goods to provide data relating to the goods which allow them to be detained. The customs office may provide such persons with information on the actual or anticipated quantity of goods, their nature and, where appropriate, their representation.

(3) The customs office shall inform the person who holds the goods at the time of their detention orally of the information on the detention of the goods and inform them of the legal consequences resulting from the simplified procedure for destruction.

(4) The customs office shall draw up a report on the detention of the goods.

(5) The customs office shall, no later than the following working day, send a notice of that fact to the person who has been detained and inform him of the legal consequences resulting from the simplified procedure for destruction of the goods,

(a) in the case of a different person from the person who held the goods at the time of detention; and

(b) if this person is known.

(6) The customs office of goods referred to in paragraph 1 shall not hold the goods referred to in paragraph 1 if, in view of the circumstances of the case, it can reasonably be assumed that the person referred to in paragraph 2 will not act under this law in the case concerned to protect intellectual property rights.

§ 14

Handling of seized goods

(1) The customs office may on its own initiative decide to leave the goods retained to the person who has been detained and, at the same time, to order him not to destroy or dispose of the goods except for their possession or storage. The first act of the customs office in the matter may be to take a decision.

(2) Where it is not decided that the goods retained are left to the person who has been detained, the customs office shall hold them or store them at the expense of the holder of the decision for the national market.

(3) The cost of possession and storage of the goods seized also includes transport costs.

§ 15

Post-detention procedure by decision for the national market

(1) The customs office which has detained the goods for which a decision has been issued for the national market shall, at the latest on the following working day after the goods are detained, send the holder of the decision for the national market a notice indicating:

(a) the date of detention of the goods;

(b) information on the actual or anticipated quantity of goods and their nature and, where appropriate, their representation.

(2) At the request of the holder of the decision for the national market, the customs office which has detained the goods shall notify him of the identification details of the person who has been detained, if that person is aware, and of any other information relating to the goods seized and the persons handling them, if that information is known to him.

(3) The holder of the decision for the national market shall, within 10 working days or, in the case of perishable goods, within 3 working days of the date of notification referred to in paragraph 1, notify the customs office that he has made an application for the initiation of a judicial procedure to determine whether an intellectual property right has been infringed. This is not the case if the holder of the decision makes a proposal to initiate a simplified procedure for the destruction of goods for the national market.

(4) The customs office of departure shall return the goods to the person who has been detained if:

(a) the goods have not been destroyed in a simplified procedure for the destruction of the goods;

(b) the holder of the decision for the national market has not notified the customs office within the time limit referred to in paragraph 3 or Article 20 (1) that he has made an application for the initiation of a judicial procedure for determining whether an intellectual property right has been infringed;

(c) the decision to prevent the goods cannot be taken; and

(d) has not received notification from the authority responsible for exercising supervision under the Consumer Protection Act that the goods seized may serve as evidence in the infringement proceedings.

(5) The customs office of departure shall also return the goods to the person who has been detained if the reasons on the basis of which the goods have been detained have ceased to exist after the goods have been detained.

§ 16

Procedure after detention of goods in other cases

(1) The customs office which has detained goods for which a decision has not been taken on the national market shall, at the latest on the following working day following the detention of the goods, send a notice to the person who may be authorised in relation to the goods retained, indicating the actual or foreseeable quantity of the goods and their nature and, where appropriate, their representation.

(2) The authorised person may submit a request for action on the national market within 4 working days of the date of notification referred to in paragraph 1. The designated customs office shall take a decision on the application within 2 working days of its receipt. The time limit for the submission of an application for action on the national market shall be maintained if the application is lodged at the designated customs office at the latest on the last day of the period.

(3) Where the application referred to in paragraph 2 does not contain facts enabling action to be taken in addition to the specific retention of the goods, the beneficiary may supplement those facts within 10 working days of the date of notification referred to in paragraph 1. If this is completed, a new decision for the national market shall be taken by the designated customs office.

(4) Where the designated customs office accepts the request referred to in paragraph 2, the holder of the decision for the national market shall, within 10 working days of the date of notification of the decision for the national market, notify the customs office that he has made an application for the initiation of a judicial procedure to determine whether an intellectual property right has been infringed. This does not apply where the holder of the decision has submitted a proposal to initiate a simplified procedure for the destruction of goods for the national market.

(5) The customs office of departure shall return the goods to the person who has been detained if:

(a) in relation to the goods detained:

1. it has not been possible to identify the person who may be the authorised person by the following working day after the goods were detained; or

2. no request for action on the national market has been made within the time limit referred to in paragraph 2 or this request has been rejected;

(b) the goods have not been destroyed in a simplified procedure for the destruction of the goods;

(c) the holder of the decision for the national market has not notified the customs office within the time limit referred to in paragraph 4 or Article 20 (1) that he has made a request to initiate a judicial procedure for determining whether an intellectual property right has been infringed;

(d) the decision to prevent the goods cannot be taken; and

(e) has not received notification from the competent authority responsible for the exercise of supervision under the Consumer Protection Act that the seized goods may serve as evidence in the infringement proceedings.

(6) The customs office will also return the goods to the person who has been detained if, after the goods have been detained, the reasons on the basis of which the goods have been detained have ceased to exist.

§ 17

Control and sampling of seized goods

(1) The customs office will allow the holder of the decision for the national market and the person who has been detained to check the goods retained under the supervision of the customs office.

(2) The customs office may take samples of the goods retained and shall, upon request, provide them to the holder of the decision for the national market for analysis. An analysis of samples of the seized goods shall be carried out by the holder of the decision for the national market at his / her expense and on his / her responsibility.

(3) The holder of the decision for the national market is obliged to:

(a) return to the customs office samples of the goods provided to it by the customs office; or

(b) demonstrate to the customs office that, as a result of the analysis, samples of the goods have been destroyed or damaged in a way which prevents them from being returned.

HLAVA IV

SIMPLIFIED PROCEDURE FOR DEROGATIONS OF GOODS

§ 18

Comments on the destruction of goods under simplified procedure

(1) Goods suspected of infringing an intellectual property right may be destroyed under the supervision of the customs office without the need to decide whether the intellectual property right has been infringed if, within 10 working days or, in the case of perishable goods, within 3 working days of the date of notification of the detention of the goods, the customs office has given its consent to the destruction of the goods

(a) the holder of a decision for the national market who, at the same time, declares in writing that, in his view, the goods seized infringe his intellectual property right and gives reasons for that belief; and

(b) the person who has been detained.

(2) Goods suspected of infringing an intellectual property right may be destroyed in accordance with paragraph 1 even without the consent of the person who has been detained, provided that:

(a) within the time limit referred to in paragraph 1, they shall not notify the customs office of their opinion on the possibility of destruction; or

(b) it is not known and, within the period referred to in paragraph 1, which shall run from the date of detention of the goods, shall not become known and shall not at the same time notify the customs office of its position on the possibility of destruction.

(3) The consent of the decision-holder to the national market for the destruction of goods is considered to be a proposal to initiate a simplified procedure for the destruction of those goods. The destruction of the goods shall be decided by the customs office which seized the goods.

(4) The agreement to destroy the goods in the simplified procedure cannot be withdrawn. The time limit for notification of an opinion on the possibility of destruction of the goods shall be maintained if, at the latest on the last day of the period, that opinion is submitted to the customs office which seized the goods.

(5) Where goods for which no decision has been given for the national market have been detained, the period referred to in paragraph 1 shall begin to run from the date of notification of the decision for the national market.

§ 19

Destruction of goods under simplified procedure

(1) The destruction of goods shall be carried out at the expense of the holder of the decision for the national market.

(2) The destruction of the goods shall be carried out under the supervision of a customs office of three members. The customs office shall draw up a report on the destruction of the goods.

(3) Paragraph 36 (2) shall apply mutatis mutandis.

§ 20

Procedure in case of non-destruction of goods under simplified procedure

(1) Where, as a result of failure to comply with the conditions for destruction of goods in the simplified procedure, it is decided that the goods will not be destroyed, the holder of the decision for the national market shall, within 10 working days or, in the case of perishable goods, within 3 working days of the date of notification of this Decision, notify the customs office that he has made an application for the initiation of a judicial procedure for determining whether an intellectual property right has been infringed.

(2) The customs office may, at the request of the holder of the decision, extend the period referred to in paragraph 1 for up to a further 10 working days, if not for perishable goods.

ČÁST TŘETÍ

MEASURES FOR CUSTOMS SUPPORT

§ 21

Amendment of decisions not involving intellectual property rights

(1) The designated customs office shall amend the decision approving the application where the amendment does not concern intellectual property rights,

(a) at the request of the holder of the decision; or

(b) ex officio where the particulars in the decision have been amended.

(2) The first act of the designated customs office on the amendment of the decision referred to in paragraph 1 (b) may be the adoption of a decision.

§ 22

Detention of goods

(1) In cases covered by a regulation of the European Union, the customs office shall detain the goods in accordance with the law governing the Customs Administration of the Czech Republic. In doing so, it shall inform the person who holds the goods at the time of their detention of the legal consequences resulting from the procedure for the destruction of the goods under European Union regulations.

(2) The customs office shall also return the goods seized where provided for in the Regulation of the European Union.

(3) The transfer of goods suspected of infringing an intellectual property right to a customs office as regards goods subject to customs supervision which have been secured by another public authority in the exercise of its jurisdiction shall also be considered as detention.

§ 23

Destruction of goods

(1) Where goods suspected of infringing an intellectual property right are to be destroyed under a regulation of the European Union, the written consent of the holder of the decision to destroy the goods shall be deemed to be a proposal to initiate the procedure for the destruction of those goods.

(2) Where a procedure for the destruction of goods in small consignments is to be applied pursuant to a Regulation of the European Union, the procedure for the destruction of such goods shall be initiated on the day on which the customs office of destination has notified the declarant or the holder of the goods of detention with instructions on the legal consequences resulting from the procedure for the destruction of goods in small consignments, in accordance with the Regulation of the European Union.

(3) The destruction of the goods shall be decided by the customs office which seized the goods.

(4) The destruction of the goods shall be carried out under the supervision of a customs office of three members. The customs office shall draw up a report on the destruction of the goods.

(5) Consent to destruction of goods cannot be withdrawn. The time limit for notification of an opinion on the possibility of destruction of the goods shall be maintained if, at the latest on the last day of the period, that opinion is submitted to the customs office which seized the goods.

(6) Where the declarant or holder of the goods does not notify the customs office of his opinion on the possibility of destruction of the goods, the provisions of Paragraph 18 (2) (a) shall apply mutatis mutandis.

§ 24

Security

(1) The declarant or the holder of the goods shall provide a security under the Regulation of the European Union:

(a) by lodging an amount in a special account of the customs office, stating that the security must remain in that account throughout the period up to the decision of the court in the case; or

(b) a bank guarantee accepted by the customs office to ensure:

1. the amount of compensation incurred by the holder of the decision, determined on the basis of a final judicial decision, that the goods for which the guarantee has been given have been released or the cessation of his detention have infringed intellectual property law;

2. arrears registered at the customs office or other public authorities on the 90th day following the date on which the court's decision in the case took place.

(2) The bank guarantee must be granted for a fixed period which must not be less than 4 years.

(3) The customs office shall decide on the amount of the security in such a way as to adequately protect the rights of the holder of the decision.

(4) Before establishing the amount of the security, the customs office shall invite the holder of the decision to indicate the amount of the security the holder considers sufficient to protect his rights.

(5) The provisions of the tax rules shall apply mutatis mutandis to the administration of the guarantee.

Citation	Act No. 355 / 2014 Coll., on the jurisdiction of the authorities of the Customs Administration of the Czech Republic in connection with the enforcement of intellectual property rights
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.12.2014
Effective from	01.01.2015
Effective until	-
Status	Valid

Act No. 355 / 2014 Coll.

Law on the jurisdiction of the customs authorities of the Czech Republic in connection with the enforcement of intellectual property rights

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