Decree No 358 / 2014 Coll.
Decree implementing certain provisions of the Act on the jurisdiction of the customs authorities of the Czech Republic in connection with the enforcement of intellectual property rights
Valid
Order
Effective from 01.01.2015
358
DECLARATION
of 22 December 2014
implementing certain provisions of the Act on the jurisdiction of the customs authorities of the Czech Republic in connection with the enforcement of intellectual property rights
The Ministry of Finance provides pursuant to Section 54 of Act No. 355 / 2014 Coll., on the jurisdiction of the authorities of the Customs Administration of the Czech Republic in respect of the enforcement of intellectual property rights:
Details and model of the request for action on the national market
The details of the request for action on the national market are set out in the model of the request set out in Annex 1 to this Decree.
Facts enabling measures to be taken on the national market
(1) The facts enabling measures to be taken on the national market are data,
(a) concerning goods on the national market;
1. which is treated with the consent of the holder of an intellectual property right; or
2. which, according to the applicant's findings, infringes intellectual property law; and
(b) which can reasonably be expected to be used for the purpose of taking measures on the national market.
(2) The list of facts enabling action to be taken on the national market is set out in the model for the request for action to be taken on the national market.
Facts enabling action to be taken on the national market beyond the specific detention of goods
(1) The facts enabling measures to be taken on the national market in addition to the specific detention of goods are:
(a) the information referred to in Article 2 (1) (a) (1), to the extent that all goods covered by the intellectual property right to be enforced by a measure on the national market are covered; and
(b) the particulars referred to in Article 2 (1) (a) (2) relating to all goods to be covered by a measure on the national market which are not the subject of a specific detention of the goods which were the reason for the request for action on the national market.
(2) A list of the facts enabling action to be taken on the national market in addition to the specific retention of goods is set out in the model for the request for action to be taken on the national market.
Details and model of the request for an extension of the time limit for taking action on the national market
The details of the application for an extension of the period within which the customs authorities are to take action on the national market are set out in the model of this application, set out in Annex 2 to this Order.
Forms and model of the application for amendment of the decision for the national market
The elements of the application for amendment of the decision for the national market are set out in the model of that application, as set out in Annex 3 to this Decree.
Method and form of record keeping of counterfeits
(1) Fake records shall contain:
(a) records of counterfeits transferred for humanitarian purposes, of the adjustments made to the counterfeits under the conditions agreed upon in their free of charge and of the use of the modified counterfeits for a specified humanitarian purpose; and
(b) the documents on the basis of which the entries in the counterfeit records were made.
(2) The records referred to in paragraph 1 shall be kept by the receiving organisation:
(a) on the prescribed form or on a printing output from a computer printer having a content and structure identical to that form; or
(b) electronically in such a way that the contents and structure of the records correspond to the required form.
(3) The model form referred to in paragraph 2 is set out in Annex 4 to this Regulation.
Efficacy
This Decree shall enter into force on 1 January 2015.
Minister:
Ing. Babiš v. r.
Příloha č. 1
Annex No 1
Model application for action on the national market
Příloha č. 2
Annex No 2
Model of application for extension of the period within which the customs authorities are to take action on the national market
Příloha č. 3
Annex No 3
Model application for amendment of a decision for the national market
Příloha č. 4
Annex No 4 to Decree No 358 / 2014 Coll.
Model form for counterfeit records
Registration of the management of counterfeits (§ 47 of Act No..... / 2014 Coll.)
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Regulation Information
| Citation | Decree No. 358 / 2014 Coll. to implement certain provisions of the Act on the jurisdiction of the customs authorities of the Czech Republic in connection with the enforcement of intellectual property rights |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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