Act No. 452 / 2001 Coll.
Law on the protection of designations of origin and geographical indications and amending the Consumer Protection Act
Valid
Law
Effective from 01.04.2002
452
THE LAW
of 29 November 2001
on the protection of designations of origin and geographical indications and amending the Consumer Protection Act
Parliament has decided on this law of the Czech Republic:
PROTECTION OF ORIGIN AND GEOGRAPHICAL MARKS
BASIC PROVISIONS
Subject matter
The Act governs the protection of geographical indications and designations of origin1 following the directly applicable European Union provisions)
(a) the powers of the administrative authorities to carry out activities directly applicable to the European Union Regulation by a Member State;
(b) the national procedure for applying for registration of a designation of origin or geographical indication for goods originating in the Czech Republic and, where appropriate, from a geographical area partly situated in the territory of the Czech Republic (the "cross-border geographical area"), to the extent provided for directly by the applicable European Union Regulation,
(c) the national procedure for amending the specification to the extent laid down directly by the applicable European Union Regulation;
(d) the national procedure for the submission of applications for revocation of the registration of a designation of origin or a geographical indication to the extent laid down by the directly applicable European Union Regulation.
Definition of terms
For the purposes of this Act:
(a) goods of any movable object which has been manufactured, extracted or otherwise obtained, irrespective of the degree of processing thereof, and which are intended to be offered to the consumer;
(b) agricultural goods of goods covered directly by the European Union provisions governing wine, spirit drinks and agricultural products12);
(c) non-agricultural goods covered by the directly applicable European Union regulation governing craft and industrial products13).
(1) The designation of origin and geographical indication is granted exclusively under the provisions directly applicable to the European Union12), 13) on the basis of registration by the European Commission ("the Commission") or the European Union Intellectual Property Office ("the European Office").
(2) An application for registration of a designation of origin and a geographical indication as referred to in paragraph 1 (hereinafter referred to as "Union registration") may be submitted by an applicant as defined in Article 8 of Regulation (EU) 2023 / 2411 of the European Parliament and of the Council or by Article 9 of Regulation (EU) 2024 / 1143 of the European Parliament and of the Council.
(3) The registered designation of origin or geographical indication shall be authorised to use the person defined in Article 47 of Regulation (EU) 2023 / 2411 of the European Parliament and of the Council or Article 36 (1) of Regulation (EU) 2024 / 1143 of the European Parliament and of the Council.
PROVISIONS CONCERNING THE PROCEDURE
(1) Save as otherwise provided for in this law, the administrative rules shall apply to proceedings under this law, with the exception of provisions on the verification of full powers for an indefinite number of proceedings, (4) on the possibility of the choice of several joint agents, (4a) on the time limits for the decision9) and on the provisions on the specificities of the procedure on the degradation of the provisions on the composition of the decomposition committee and on the possible termination of the decomposition procedure. (b)
(2) The final decision of the Industrial Property Office (hereinafter referred to as "the Office ') shall be subject to an action against a decision under special legislation (4c).
(1) Persons who do not have a permanent residence or registered office in the Czech Republic must be represented by a lawyer or a patent representative in the proceedings for the application for registration of a Union designation of origin or geographical indication, as the case may be, in accordance with specific legislation. 5)
(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 a registered office or place of residence in the Czech Republic, they must give the address for service in the Czech Republic for proceedings before the Office.
Bulletin
In the Bulletin, the Office shall publish a request for Union registration, a request for amendment of the specification, a request for revocation of the Union registration, as well as other facts relating to the designation of origin or geographical indication provided for directly applicable European Union12), 13).
RELATIONS TO THE FOREIGN
(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 treaties (6).
(2) The Office shall forward the request referred to in paragraph 1 for further action to the Commission or the European Authority.
(3) The applicant for the international registration or amendment of a designation of origin or geographical indication is also obliged to pay the fees provided for under an international contract; the amount of the fees provided for by the international agreement shall be notified by the Office in the Bulletin.
CONSIDERATION AND TRANSMISSION OF THE REQUEST FOR UNION REGULATIONS, AMENDMENT OF SPECIFICATIONS AND REPEAL OF THE DECLARATION
The authorities of the Czech Republic, which perform the tasks under the directly applicable regulation of the European Union, are the Office and the Ministry of Agriculture, with the exception of the activities carried out by the inspection bodies provided for in Section 19 (2).
Application for Union registration of a designation of origin and a geographical indication
(1) The application for the Union registration of a designation of origin or geographical indication for goods originating in the Czech Republic and, where appropriate, in a cross-border geographical area shall be submitted to the Office.
(2) The application for a Union registration must be accompanied by the documents required directly by the European UnionRegulation (12), (13) and by the binding opinion of the inspection body authorised to check the specification which, in the case of agricultural goods, is the State Agricultural and Food Inspection Authority, the National Veterinary Administration or the Central Control and Examination Institute of Agriculture (3) and, in the case of non-agricultural goods, the authority referred to in Sections 23 and 23a of Act No 634 / 1992 Coll., on Consumer Protection, as amended.
(3) Where the application for registration is not accompanied by the documents referred to in paragraph 2, the Office shall invite the applicant to remedy the deficiencies within a period of 2 months.
(4) In the case of an application for Union registration of a designation of origin or a geographical indication for agricultural goods, the Office shall ask the Ministry of Agriculture to comment on the application for a Union registration, whether the designation of origin or geographical indication whose registration is required contains a name which has become generic, a name of a variety of plants or a breed of animals, or a homonymous name. It shall set a time limit which shall not be less than 10 days. If the Ministry of Agriculture does not comment within the time limit set, it shall be deemed not to have any comments on the application submitted.
(5) Where the application for Union registration concerns a name identifying a geographical area which also affects the territory of another Member State of the European Union, natural or legal persons established, residing or having their registered office in that State shall have the same rights in proceedings before the Office as natural or legal persons established, resident or established in the Czech Republic.
(6) Where a designation of origin or geographical indication is excluded from the Union registration under the directly applicable European Union12), 13) or does not meet the conditions of the Union registration laid down in the directly applicable European Union12), 13), the Office shall reject the application.
Application for a Union registration, which shall be accompanied by documents in accordance with the provisions of the directly applicable European Union12), 13), and 13), and where the designation of origin or geographical indication therein is not excluded from the registration in accordance with the directly applicable European Union12), 13),
(a) publish, with an indication of the basic data required by the directly applicable European Union12, 13) on the application lodged in the Bulletin and on the notification that any natural or legal person established, resident or established in the Czech Republic with a legitimate interest may object to the application for registration of the Union; and
(b) land for a period of 3 months for public consultation.
Objections
(1) Opposition shall be made in writing within 3 months of the date of publication of the application for Union registration in the Bulletin pursuant to Article 20. The opposition shall be submitted by a person having a legitimate interest, shall state the reasons and shall indicate the evidence that the designation of origin or geographical indication whose registration is sought does not comply with the conditions laid down directly by the European Union12, 13) for registration by the Commission or the European Authority. The Office shall inform the Ministry of Agriculture of the objections raised against the registration of a Union designation of origin or geographical indication for agricultural goods.
(2) If the opposing party does not prove that he is a person with a legitimate interest, the Office shall reject the opposition by decision.
(3) Within 15 days of the date of receipt of the objections submitted pursuant to paragraph 1, the Office shall, where appropriate, submit to the applicant a decision to withdraw their refusal pursuant to paragraph 2 and at the same time invite him to resolve the dispute by amicable negotiation. The Office shall set a reasonable time limit to notify the applicant of the outcome of the amicable conduct, which shall not be less than 15 days.
(4) If the proceedings referred to in paragraph 3 fail to resolve the conflict, the Office shall, where objections to the Union registration of a designation of origin or geographical indication for agricultural goods concern the facts referred to in Article 19 (4), request the Ministry of Agriculture to comment on the grounds of the objection. It shall set a time limit which shall not be less than 10 days. The Office shall decide on the objections after receiving the observations of the Ministry of Agriculture or after the deadline for the observations has expired in vain. If the Ministry of Agriculture does not comment within the time limit set, it shall be deemed not to have any comments on the application submitted.
(5) Where objections concern the specification of the goods, such as the link between the goods and the geographical environment from which the goods originate, the Office shall request the supervisory authority to issue a binding opinion for the purpose of submitting the application for Union registration.
(6) The inspection authority shall issue a binding opinion in accordance with paragraph 5 within 2 months of the date on which the Office submits to it a copy of the file of the application for Union registration.
(7) Where the opposition lodged against a request for a Union registration is justified under the directly applicable European Union12), 13), the Office shall reject the application for a Union registration and shall not forward it to the Commission or the European Authority for further proceedings.
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.
The decision on the transmission of the application for a Union registration shall be notified by the Office to the public decree (7).
Amendment of the specification requiring management at European Union level
(1) An application for amendment of the specification of goods originating in the Czech Republic and, where appropriate, in a cross-border geographical area shall be submitted to the Office. The application shall be accompanied by the documents required directly by the European Union Regulation (12), (13) and the binding opinion of the supervisory authority referred to in Article 19 (2).
(2) The Authority will interpret the amendment of the specification for a period of 3 months for public consultation and publish the request for amendment of the specification in the Bulletin with a notice that it may object to the amendment of the specification within 3 months of the date of such publication. The objection shall be submitted by a person having a legitimate interest, shall state the reasons and shall state the evidence that the amended specification does not meet the conditions laid down in the directly applicable European Union Regulation (12), (13) for registration by the Commission or the European Authority. Paragraph 21a shall apply mutatis mutandis to new publication.
(3) If the opposing party does not prove that he is a person with a legitimate interest, the Office shall reject the opposition by decision.
(4) Within 15 days of their receipt and, where appropriate, from the legal authority, the Office shall submit to the holder of the Union designation of origin or geographical indication a decision to withdraw their refusal pursuant to paragraph 3, inviting the Office to express its views, and at the same time to remove it by amicable negotiation with the opposing parties. In order to notify the outcome of the amicable conduct, the Office shall set a reasonable period for the holder of the Union designation of origin or geographical indication which shall not be less than 15 days.
(5) The Office shall decide on the objections on the basis of the binding opinion of the supervisory authority provided for in Article 19 (2) on the fulfilment of the conditions for amending the specification laid down by the directly applicable European Union Regulation, which shall issue it within 2 months of the date on which the Authority submits to it a copy of the application file for amending the specification.
(6) Where objections raised against an application for amendment of a specification are justified pursuant to a directly applicable European Union Regulation, the Authority shall reject the application for amendment of the specification and shall not forward it to the Commission or the European Authority for further management.
(7) The decision to transmit the request for amendment of the specification will be served by the Office by a public decree (7).
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 decision to amend the specification shall be notified by the Authority to the Commission or to the European Authority. If the Commission or the European Authority 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 reasons for the change under sanitary and plant health measures or related to natural disasters or adverse weather conditions, or geopolitical events under conditions directly applicable to the 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 decision on the temporary amendment of the specification shall be notified by the Authority to the Commission or to the European Authority.
Application for revocation of the Union registration of a designation of origin or a geographical indication
(1) An application for revocation of a Union registration originating in the Czech Republic or, where appropriate, in a cross-border geographical area shall be submitted to the Office.
(2) The Office shall publish the request referred to in paragraph 1 in the Bulletin of Notice that objections to the application for revocation of the Union registration may be raised by any person who proves a legitimate interest within 3 months of the date of publication of the application. The statement of objections shall state the reasons and shall support the evidence showing that the registered designation complies with the conditions laid down directly by the European Union12, 13) for registration by the Commission or the European Authority.
(3) If the opposing party does not prove that he is a person with a legitimate interest, the Office shall reject the opposition by decision.
(4) The Office shall, within 15 days of the date of receipt of the opposition, submit a request for revocation of the Union registration, including the objections submitted, and shall, where appropriate, invite the holder of the Union designation of origin or geographical indication to comment, within 15 days of the date of receipt of the opposition, and, where appropriate, the decision to refuse the opposition, the holder of the Union designation of origin or geographical indication, at the same time, invite him to withdraw the opposition by amicable negotiation with the applicant for revocation of the Union registration and with an alleging contradiction. In order to notify the results of the amicable conduct, the Office shall set a reasonable period for the holder of the Union designation of origin or geographical indication which shall not be less than 15 days. The Office shall inform the Ministry of Agriculture of the application for revocation of the Union registration of a designation of origin or geographical indication for agricultural goods as well as of the objections made against such an application and of the outcome of the procedure.
(5) If the conduct referred to in paragraph 4 fails to resolve the discrepancy and the reason for the cancellation of the Union registration lies in the specification of the goods, the Office shall request the supervisory authority referred to in Article 19 (2) to issue a binding opinion on compliance with the conditions laid down directly by the European Union Regulation (12), (13).
(6) The inspection authority shall issue a binding opinion in accordance with paragraph 5 within 2 months of the date on which the Office submits to it a copy of the file of the request for revocation of the Union registration.
(7) If the designation of origin or geographical indication does not comply with the conditions laid down in the directly applicable European Union12, 13), the Office will decide on the transmission of an application for revocation of the Union registration to the Commission or the European Authority for further proceedings. Otherwise, it shall reject the application.
(8) The decision on the transmission of a request for revocation of the Union registration shall be served by the Office by a public decree (7).
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, an application for revocation or an application to amend the specification of agricultural 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 by the directly applicable European Union8).
PROVISIONS TRANSITIONAL, COMPETITION AND REPEAL
Transitional provisions
(1) The provisions of this Act shall apply unless the international treaty, which the Czech Republic is bound by, has been declared in the Collection of Laws and International Treaties or in a previous similar collection, provides otherwise.
(2) Products which have been granted protection of designations of origin under the existing rules before the date of entry into force of this Act shall enjoy protection of designations of origin under that law.
(3) The procedure for applying for the designation of origin of products which did not end before the date of entry into force of this Act shall be completed under this Act, with the applicant obliged, at the request of the Office, to bring his application into line with the requirements laid down by that law on application for registration of the designation of origin.
(4) Relations with the designation of origin of products registered before the date of entry into force of this Act shall be governed by the provisions of this Act. The establishment of such relations and the claims arising therefrom before the entry into force of this Act shall be assessed in accordance with the rules in force at the time of their establishment.
Repeal
They shall be deleted:
1. Act No. 159 / 1973 Coll., on the Protection of the Designation of Origin of Products.
2. Decree No 160 / 1973 Coll., on proceedings concerning the designation of origin of products.
Amendment to the Consumer Protection Act
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll., Act No. 64 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 258 / 2000 Coll. and Act No. 102 / 2001 Coll., are amended as follows:
In Paragraph 2 (1) (r), at the end of point 3, the dot is replaced by a comma and the following point 4 is added:
"4. a product or goods infringing the rights of the person to whom protection of a registered designation of origin or geographical indication attests. 4f)
4f) Act No. 452 / 2001 Coll., on the protection of designations of origin and geographical indications and amending the Consumer Protection Act. '.
EFFECTIVE
This Act shall take effect on 1 April 2002, with the exception of the provisions of Sections 18 to 22, which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic into force of the European Union.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) 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. 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, as amended. 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, as amended. 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, amendments 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, as amended. 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, as amended. 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. Commission Implementing Regulation (EU) 2021 / 1236 of 12 May 2021 laying down detailed rules for the application of Regulation (EU) 2019 / 787 of the European Parliament and of the Council as regards applications for the registration of geographical indications of spirit drinks, opposition proceedings, amendments to the product specification, cancellation of registration, use of the symbol and control. Regulation (EU) No 2023 / 2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications of craft and industrial products and amending Regulations (EU) 2017 / 1001 and (EU) 2019 / 1753. Regulation (EU) No 2024 / 1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirits and agricultural products as well as traditional specialities guaranteed, and on optional quality data for agricultural products amending Regulations (EU) No 1308 / 2013, (EU) 2019 / 787 and (EU) 2019 / 1753 and repealing Regulation (EU) No 1151 / 2012.
3) Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended. Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended. Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended.
4) Paragraph 33 (2) (c) of the Administrative Code.
(4a) Paragraph 35 (3) of the Administrative Regulation.
(b) Paragraph 152 (3) and (5) of the Administrative Regulation.
4c) Act No. 150 / 2002 Coll., Administrative Rules, as amended.
5) Act No. 85 / 1996 Coll., on advocacy, as amended. Act No. 417 / 2004 Coll., on Patent Representatives and amending the Act on Industrial Property Protection Measures, as amended.
6) The Geneva Act of the Lisbon Agreement on designations of origin and geographical indications.
7) Paragraph 25 of the Administrative Code.
8) Article 17 (1) of Regulation (EU) 2024 / 1143 of the European Parliament and of the Council.
9) Paragraph 71 (3) of the Administrative Regulation.
10) Paragraph 101 (e) of the Administrative Regulation.
11) Article 24 (5) of Regulation (EU) 2024 / 1143 of the European Parliament and of the Council. Article 31 (6) of Regulation (EU) 2023 / 2411 of the European Parliament and of the Council
12) Regulation (EU) 2024 / 1143 of the European Parliament and of the Council.
13) Regulation (EU) 2023 / 2411 of the European Parliament and of the Council.
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Regulation Information
| Citation | Act No. 452 / 2001 Coll., on the protection of designations of origin and geographical indications and amending the Consumer Protection Act |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2001 |
|---|---|
| Effective from | 01.04.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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