What is Act No. 417 / 2004 Coll.?

Act No. 417 / 2004 Coll., on Patent Representatives and amending the Act on Industrial Property Protection Measures — Law on Patent Representatives and amending the Act on Industrial Property Protection Measures.

When it became Act No. 417 / 2004 Coll. effectiveness?

Act No. 417 / 2004 Coll. became effective 19.07.2004.

Is Act No. 417 / 2004 Coll. still valid?

Yes, Act No. 417 / 2004 Coll. is still valid and effective.

How many times was it Act No. 417 / 2004 Coll. amended?

Act No. 417 / 2004 Coll. has 6 time versions of the text.

Act No. 417 / 2004 Coll. - Law on Patent Representatives and amendi...

417

THE LAW

of 10 June 2004

on patent representatives and amending the Industrial Property Protection Act

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

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HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This law regulates the status and activities of patent representatives, companies of patent representatives, foreign organisational forms, assistants of patent representatives, the conditions under which the services of patent representatives may be provided, as well as the creation, status and competence of the self-governing professional association of patent representatives.

(2) Patent agents' services are the provision of professional assistance to natural and legal persons in matters relating to industrial property, in particular their representation before the public authorities and before the courts (1) under the conditions and to the extent laid down by the law on proceedings before the courts, as well as the provision of independent advice and other services related to the protection of industrial property.

§ 2

Authorisation

(1) The services of the patent agent are authorised to be provided on the territory of the Czech Republic under the conditions laid down in this Act and in the manner stated therein.

(a) patent representatives,

(b) natural persons who are nationals or who are established in another Member State of the European Union, in a Member State of the European Economic Area or in the Swiss Confederation (hereinafter referred to as "home State") and who have been authorised in a Member State of the European Union, another State of the European Economic Area or in the Swiss Confederation to provide services to a patent representative (hereinafter referred to as "foreign patent agent");

(c) companies of patent representatives (Section 10),

(d) foreign organisational forms (§ 29).

(2) Patent agents and the company of patent agents may provide the services referred to in Article 1 only to the extent of their authorisation, or to the extent of their members' or shareholders' authorisation, under the conditions laid down in this Act and in specific legislation.

(3) The scope of the authorisation to operate is determined by the scope of the professional examination (Section 11 (2)) or by the scope of the authorisation to perform the regulated activity in the decision on recognition of professional qualifications under the Law on the recognition of professional qualifications 1a).

(4) Paragraph 1 is without prejudice to the authorisation of:

(a) lawyers to whom special legislation2) entrusts the provision of legal services;

(b) staff members of a legal or natural person or, where appropriate, members of a cooperative for whom they are in a working or other similar relationship, engage in activities for such persons which are in conformity with their nature to provide services to a patent representative in accordance with the provisions of Paragraph 1 (2), provided that the pursuit of that activity is part of the obligations arising from that ratio.

§ 3

Chamber of Patent Representatives of the Czech Republic

(1) The Chamber of Patent Representatives of the Czech Republic (hereinafter referred to as the Chamber), based in Brno, is hereby established; The Chamber is a legal person.

(2) The Chamber is a self-governing professional association of all patent representatives.

HLAVA II

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§ 4

(1) The Chamber shall keep a register of patent representatives (hereinafter referred to as the Register) containing lists of:

(a) patent agents and established foreign patent agents (§ 27), including those deleted (§ 7);

(b) assistants of patent representatives, including those removed (§ 46);

(c) association of patent representatives (§ 23),

(d) companies of patent representatives (§ 7 (2)),

(e) established foreign organisational forms (§ 29).

(2) The list of patent representatives and established foreign patent representatives contains:

(a) the name, surname and title of the patent representative, date of birth, place of business, place of residence or registered office or address for service in the territory of the Czech Republic, if there is no place of business in the Czech Republic, person identification number (hereinafter referred to as "identification number") provided by the administrator of the basic register of persons, 3)

(b) the date of composition and scope of the professional examination, for the established foreign patent representative, the difference test, if any, and the authorisation on the basis of which the applicant provides the services of the patent representative in the home State;

(c) the date of entry in the list and the number of the certificate of entry in the list,

(d) the scope of the authorisation to perform the activities of the patent representative;

(e) the possible imposition of disciplinary action (§ 49), suspension of the activities of the patent representative (§ 14 and 15) and removal from the list (§ 18 and 19).

(3) The list of assistants of patent representatives (hereinafter referred to as "assistant") contains:

(a) the name, surname and title of assistant, date of birth and residence;

(b) details of the employer, his name and surname, or, where applicable, the name of the association or trading firm of the company of patent agents or of foreign organisational forms, place of business, registered office and identification number, if assigned;

(c) the date of entry in the list, the number of the certificate of entry in the list,

(d) a period which is not considered to be a practice under Paragraph 47 (3);

(e) possible imposition of disciplinary action (§ 49), suspension (§ 47) and removal of an assistant from the list (§ 47).

(4) The list of associations of patent representatives (the association) contains:

(a) the name of the association;

(b) the name, surname and title and, where appropriate, the business name of the participants in the association;

(c) the date of entry in the list;

(d) any removal from the list.

(5) The list of companies of patent agents contains:

(a) a business name, registered office and identification number;

(b) details of registration;

(c) the date of entry in the list, the number of the certificate of entry in the list,

(d) name, surname, date of birth of patent agents providing services to a patent agent on behalf of the company of patent agents; for patent representatives who are members of the company of patent representatives, the extent of their voting rights, the public limited company list of shareholders who are patent representatives,

(e) details of the suspension of the authorisation to provide services to the patent representative of the companies of the patent representatives, the removal from the list of companies of the patent representatives and the imposition of measures pursuant to Article 49 (5).

(6) The list of established foreign organisational forms contains:

(a) a business name or another name;

(b) the authorisation under which the foreign organisational form provides the services of a patent representative in the home state;

(c) an indication of the registration of the foreign organisational form or organisational component of the foreign organisational form in the commercial register;

(d) an indication of the seat in the home State;

(e) the date of entry in the list, the number of the certificate of entry in the list,

(f) information on the suspension of authorisation to provide the services of a patent representative in a foreign organisational form, the removal from the list of foreign organisational forms and the imposition of measures pursuant to Article 55.

§ 5

(1) Patent representative, assistant association and company of patent representatives are obliged to notify the Chamber

(a) without delay, but not later than 15 days after the beginning of the activity, its registered office, place of permanent residence and, where applicable, the address for service, the manner in which the services of the patent agent are provided, the registration details of the business register, as well as other information necessary for the keeping of each list;

(b) the amendment of the particulars referred to in (a), not later than 15 days after it has occurred;

(c) any facts which might justify the suspension of the authorisation to provide the services of the patent agent or to withdraw from the list no later than 15 days after they have occurred.

(2) The external organisational form (Paragraph 29) is required to notify the Chamber in addition to the information referred to in paragraph 1.

(a) no later than 15 days after the start of operations in the Czech Republic, the data referred to in Section 4 (6),

(b) an amendment to the particulars referred to in (a) but not later than 15 days after it has occurred.

§ 6

(1) The register is publicly available. Everyone has the right to consult it at the Chamber's headquarters and to make free extracts or copies of it.

(2) The Chamber publishes the lists entered in the Register in a way that allows remote access in order to provide information to the public on persons providing services to patent agents.

HLAVA III

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Díl 1

Preconditions for carrying out the activity

§ 7

(1) The patent representative shall be the one registered in the list of patent representatives [Paragraph 4 (1) (a)] maintained by the Chamber.

(2) The established foreign patent representative shall be the person entered in the list referred to in paragraph 1 on the basis of Paragraph 9 (1).

(3) The assistant of the patent representative shall be the one registered in the list of assistants of the patent representatives [§ 4 (1) (b)] maintained by the Chamber.

(4) The association of patent representatives is an association which is included in the list of patent representatives [§ 4 (1) (c)] maintained by the Chamber.

(5) The company of patent representatives is a company registered in the list of companies of patent representatives [§ 4 (1) (d)] maintained by the Chamber.

(6) The established foreign organisational form is that which is included in the list of established foreign forms [§ 4 (1) (e)] conducted by the Chamber.

§ 8

(1) Upon request, the Chamber shall enter in the list of patent representatives of anyone who:

(a) is fully eligible for legal action;

(b) is righteous;

(c) he has obtained a higher education;

(d) has obtained adequate professional experience of a continuous and regular exercise of industrial rights activity (hereinafter referred to as "professional practice") of a duration of at least 3 years;

(e) he has not been disciplined by the removal from the list or seen as not being subject to such disciplinary action;

(f) it has not been removed from the list because of a declaration of bankruptcy in respect of its assets or the assets of the company of patent agents of which it is a member or shareholder, or because the insolvency application has been rejected because the debtor's assets are not sufficient to cover the costs of insolvency proceedings or because the bankruptcy has been cancelled because the debtor's assets are wholly insufficient if the period of five years has elapsed since the withdrawal;

(g) have passed the expert examination of the patent representative; and

h) He made the following promise in the hands of the Chairman of the Chamber: "I promise on my conscience and on the citizens' honor that I will maintain the Constitution of the Czech Republic and other laws, faithfully fulfil the duties of the patent representative and keep quiet about all the facts that I will learn about the performance of this activity."

(2) The Chamber shall allow the lodging of a promise within 1 month of the date of receipt of the application for registration in the list of patent representatives, supported by documents according to which, at the date of the lodging of the promise, the applicant fulfils the conditions for entry in the list referred to in paragraph 1 or § 9.

(3) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.

(a) for a criminal offence committed intentionally; or

(b) for a criminal offence committed negligent in connection with the provision of services by a patent agent;

if the sentence has not been destroyed or is not looked upon, as if it had not been condemned.

(4) The integrity is evidenced by an extract from the criminal record or by a corresponding document issued by the competent authority of the home State, which demonstrates that the requirements for the integrity of the exercise of the regulated activity are met.

§ 9

(1) Upon request, the Chamber shall include in the list of established foreign patent representatives those who fulfil the conditions laid down in Article 8, with the exception of points (c), (d) and (g), and who have been recognised by the Chamber under special legislation (1a) as having professional qualifications or other qualifications sufficient to pursue the profession of patent representative. Details of the procedure for the recognition of professional qualifications and other competence shall be laid down in the State Code issued by the Chamber.

(2) The fee for applying for recognition of professional qualifications in the amount of CZK 2 000 is the income of the Chamber.

§ 10

(1) Upon request, the Chamber shall enter the company in the list of companies of patent representatives,

(a) where at least one member, shareholder or employee is a patent agent; if it is a public limited company, the core capital of the company must consist of shares issued in name; and

(b) where a patent representative is represented in the statutory and supervisory body; where the statutory or supervisory body consists of one person, it shall be a patent representative; if it consists of two natural persons, it shall be one of them as a patent representative.

(2) The company shall submit, together with the application for registration in the list of companies of patent representatives, a social agreement, a founding agreement or a charter, statutes, if any, and proof of registration in the commercial register, (4) if it is registered on the date of submission of the application. The documents shall be presented in original or certified copies.

(3) The Chamber shall issue a certificate of entry to the list of patent representatives to the company without delay, no later than 15 days after entry on the relevant list. The Chamber certificate shall specify the scope of the authorisation to provide the services of the patent representative.

(4) The company of patent representatives of the Chamber shall submit the evidence of registration within 15 days of its implementation.

Díl 2

Professional and differential tests

§ 11

Expert test

(1) The expert examination will verify the level of theoretical and practical knowledge required for the pursuit of the profession of patent agent, the knowledge of legislation and international treaties in force in the Czech Republic concerning the protection of industrial property and the ability to use it in practice.

(2) The scope of the expert test is optional. The applicant may choose either a separate test in the field of protection of rights to the results of a technical creative activity or a separate test in the field of protection of labelling rights or a comprehensive test in both areas. The technical examination shall have a written and oral part and shall be composed at the Industrial Property Office (hereinafter referred to as the Office) before the Examination Committee. Vocational examinations shall normally take place twice a year and shall be public.

(3) After consulting the Chamber, the President of the Office will appoint 10 examination Commissioners, of which 5 from among the Office's staff and, where appropriate, from significant industrial rights experts and 5 from patent representatives.

(4) The Examination Board shall be appointed by the President of the Office from among the Examination Commissioners for each of the expert examinations. The examination committee shall consist of a chairman and three members. The two probationary commissioners are from among the staff of the Office and, where appropriate, from significant industrial rights experts, and the two probationary commissioners are from patent representatives.

(5) Any candidate who has submitted an application to the Office for a professional examination shall be entitled to take a professional examination in accordance with the conditions set out in Section 8 (c) and who has paid the professional examination fee to the Office. The fee for the professional examination is CZK 5,000 for the comprehensive examination, or CZK 2,500 for each partial examination. The applicant for a professional examination shall define in the application the scope referred to in paragraph 2 in which he intends to pass the professional examination.

(6) A vote shall be taken on the result of the examination, in which the candidate is assessed by the word "successful 'or" failed'. Each member of the committee shall have one vote. When the votes of the members of the Commission are equal, the vote of the President of the Commission shall be decided.

(7) The Chairman of the Panel of Experts shall draw up a report on the conduct of the examination and its outcome without delay, indicating the names and surnames of the test Commissioners. The results of the examination shall be notified by the Chairman of the Panel of Experts orally to the tenderer after drawing up and signing the protocol. A copy of the Protocol shall be forwarded by the President to the tenderer.

(8) Within 15 days of the professional examination, the Office shall issue a certificate of examination containing the name, surname and title of the tenderer, the place and date of birth, the date of the examination, the result and its extent. The certificate shall be signed by the Chairman of the Panel of Experts.

(9) Anyone who has failed the expert test may request the Authority to repeat it. The Authority shall allow a repetition of the professional examination not earlier than 3 months after the date of the examination at which the tenderer failed.

(10) A candidate who has failed even in the first re-examination may request a second repeat from the Authority. The Authority shall allow for a repetition not earlier than 1 year after the date of the first repeated professional examination in which the tenderer has failed; This also applies to further repetitions of professional examinations.

(11) A candidate who has failed a comprehensive test in one of the separate areas may request only that part of the test to be repeated under the conditions laid down in paragraph 9 or 10.

§ 12

Division test

(1) The division examination shall be carried out in accordance with the special legislation (1a) to verify the level of theoretical and practical knowledge required in particular for the pursuit of the profession of patent agent, knowledge of the legal order of the Czech Republic and of international agreements relating to the protection of industrial property in force in the Czech Republic and the ability to use them in practice. The level of theoretical and practical knowledge required for the pursuit of the profession of patent agent shall be verified only to the extent that, according to evidence of formal qualifications of the tenderer, a substantial difference has been found in the content of education and training under the Law on the Recognition of Professional Qualifications. 1a).

(2) Paragraph 11 applies mutatis mutandis to the difference test.

§ 13

(1) The Chamber shall, without delay and not later than 15 days after entry on the relevant list, issue to the patent representative a certificate of entry on the list of patent representatives and a licence. The Chamber's certificate and licence shall specify the scope of the authorisation to provide the services of the patent agent.

(2) The details of the tests shall be laid down in a test schedule to be issued by the Chamber in agreement with the Office.

Díl 3

Suspension of authorisation to provide services to a patent agent

§ 14

(1) The authorisation to provide the services of a patent representative is suspended

(a) has been taken into custody on the date on which this decision became enforceable;

(b) the entry into prison of the sentence; Article 18 (2) (d) and Article 19 (1) (a) shall be without prejudice to this;

(c) for the duration of the prohibition on the exercise of the activity 5) of the patent agent, on the date on which the decision imposing the sentence became final; Article 18 (2) (d) and Article 19 (1) (a) shall be without prejudice to this;

(d) on the date of the establishment of a work or other similar relationship with the administrative authority which decides on industrial rights and the taking up of office of a member of the Government, a Member or a Senator, a judge or, where appropriate, any other obstacle in the performance of the duties of a patent representative;

(e) where disciplinary action has been imposed on him to suspend the activity, on the date of the Chamber's decision on the disciplinary action,

(f) if the bankruptcy of his property was declared on the date on which the bankruptcy declaration took effect,

(g) if he is a member or shareholder of the company of patent representatives (Section 10) whose assets have been declared bankrupt on the date on which the bankruptcy declaration took effect.

(2) The Chamber shall suspend the authorisation to provide the services of a patent representative to a patent representative or to a limited-term company as specified in a written reasoned request.

(3) The authorisation to provide the services of the patent agent shall be suspended by the company of the patent agent, which has been imposed by a measure consisting of the suspension of the authorisation to provide the services of the patent representative. This authorisation shall be suspended on the date on which the decision to impose this measure became final.

(4) The suspension of the service authorisation shall enter the Chamber in the list without delay, no later than 1 month from the date on which it became aware of the reasons for the suspension. The Chamber of Patent Representatives and the Society of Patent Representatives shall be informed in writing of the record.

§ 15

(1) The Chamber may suspend a patent representative's authorisation to provide services under this Act,

(a) if the prosecution has been brought against him for an intentional offence, until the date of the final decision to close the criminal proceedings,

(b) where the procedure for its legal capacity has been initiated, at the latest until the date of the final decision terminating the procedure;

(c) where insolvency proceedings have been initiated in which the bankruptcy or imminent bankruptcy of a patent agent or a company of patent agents of which he is a member or shareholder is resolved.

(2) The suspension of the authorisation to provide the services of the patent agent referred to in paragraph 1 shall enter the Chamber in the list without delay, but no later than 1 month after the decision to suspend the activity has become enforceable. The Chamber shall inform the patent representative in writing of the record.

§ 16

(1) The suspension of authorisation to provide services to a patent representative is no longer possible

(a) the date on which the circumstances giving rise to the suspension of the activity have elapsed and, in the cases referred to in Article 15 (1) (a) or (b), the date on which the period for which the activity was suspended expired;

(b) the date on which the decision suspending the activity was annulled or amended.

(2) The suspension of the authorisation to provide the services of a patent agent shall be recorded by the Chamber in the list without delay, but no later than 1 month after it has become aware of it. The Chamber of Patent Representatives or the Society of Patent Representatives shall be notified in writing of the record.

§ 17

For the duration of suspension of authorisation to provide services to a patent representative

(a) no patent agent or company of patent agents is entitled to provide services within the meaning of this Act;

(b) the membership of the patent representative in the elected organs of the Chamber shall cease and the patent representative may not be elected to those authorities;

(c) the participation of the patent representative in the association (§ 23) or in the company of patent representatives (§ 22) shall not cease;

(d) the obligation of the patent representative to pay contributions to the Chamber's activities shall not cease, unless the Board of Directors of the Chamber decides otherwise at the reasoned request of the patent representative;

(e) the disciplinary liability of the patent agent or the company of the patent agent shall be without prejudice to the disciplinary liability of the patent agent or the company of the patent agent, including as regards the disciplinary offence which occurred at the time of suspension of the activity.

Díl 4

Delete the patent representative or company of patent representatives from the list

§ 18

(1) The authorisation to provide the services of a patent agent or a company of patent agents shall cease to be withdrawn from the list.

(2) The Chamber shall remove the patent representative from the list,

(a) who died on the date of death,

(b) which has been declared dead, on the date of the legal authority of the court, of the decision to declare himself dead,

(c) which has been deprived of legal capacity or whose legal capacity has been restricted on the date of legal power by a judicial decision on its eligibility;

(d) who has been lawfully sentenced to an unconditional prison sentence for an intentional offence committed in connection with the performance of the activities of a patent representative on the date of the legal power of the judgment,

(e) which has been entered in the list, although it does not meet any of the conditions laid down in this List Act.

(3) The Chamber will remove a patent representative or a company of patent representatives from the list,

(a) imposing a disciplinary measure on the removal from the list on the date of the decision of the Chamber on that disciplinary measure,

(b) the assets of which have been declared bankrupt on the date of the decision to declare bankruptcy;

(c) who have submitted a written request to the Chamber for removal from the list, accompanied by an officially certified signature, at the end of the calendar month in which the request for removal from the Chamber was received.

(4) The withdrawal of the patent representative referred to in paragraph 2 (e) shall be subject to a decision by the Chamber only within 1 year from the date on which it became aware of the non-compliance with the registration requirement; This does not apply if the conditions set out in § 8 (1) (a) to (c) and (g) and § 9 are met.

(5) The box shall be entered in the list in accordance with paragraphs 2 and 3 by the Chamber without delay, but no later than 1 month after it has become aware of the facts underlying the removal. The Chamber shall notify in writing the person to whom the alert for removal from the list is concerned for the reasons set out in paragraph 3; in other cases, the Chamber shall notify in writing the persons close to it if known.

§ 19

(1) The Chamber may also remove from the list:

(a) a patent representative who has been convicted of a criminal offence other than that referred to in Paragraph 18 (2) (d), where the Chamber finds that such criminal activity of a patent representative endangers confidence in the proper conduct of the activities of the patent representative;

(b) a patent agent or a company of patent agents who are late in paying a contribution to the Chamber's activities for more than 6 months and have not paid the contribution within 1 month of being called upon to do so,

(c) a patent agent or a company of patent agents who are not liable for damages (§ 42) and have not concluded an appropriate insurance contract within 1 month of being notified of this deficiency in writing, except as provided for in § 42 (2);

(d) a company of patent agents which has undergone a transformation under a special legislation; (6) this does not apply in the event of a change in the legal form of the company of patent agents;

(e) a company of patent agents which no longer fulfils the conditions laid down in Section 10.

(2) The removal of a patent representative or a company of patent representatives from the list referred to in paragraph 1 shall be recorded by the Chamber in the list without delay, but no later than 1 month after the decision to withdraw has become enforceable.

(3) An appeal may be brought before a court against a decision which is not in legal power and which the Chamber has decided pursuant to paragraph 1 to remove a patent representative or a company of patent representatives from the relevant list. 7)

§ 20

If a foreign patent representative or foreign organisational form entered on the list for suspension or termination is authorised to provide services to a patent representative in the home State, the Chamber may, as the case may be, suspend the authorisation to provide services to a patent representative under this Act or remove them from the list. Paragraph 14 to 19 shall apply mutatis mutandis.

Citation	Act No. 417 / 2004 Coll., on Patent Representatives and amending the Act on Industrial Property Protection Measures
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	19.07.2004
Effective from	19.07.2004
Effective until	-
Status	Valid

Act No. 417 / 2004 Coll.

Law on Patent Representatives and amending the Act on Industrial Property Protection Measures

Contents