Act No. 474 / 2004 Coll.
Act amending Act No. 207 / 2000 Coll., on the Protection of Industrial Designs and amending Act No. 527 / 1990 Coll., on Inventions, Industrial Designs and Improvements, as amended
Valid
Law
Effective from 24.08.2004
Text versions:
24.08.2004
474
THE LAW
of 22 July 2004
amending Act No. 207 / 2000 Coll., on the Protection of Industrial Designs and amending Act No. 527 / 1990 Coll., on Inventions, Industrial Designs and Improvements, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 207 / 2000 Coll., on the Protection of Industrial Designs and amending Act No. 527 / 1990 Coll., on inventions, designs and improvements, as amended, is amended as follows:
1. In the first sentence of Article 6 (1), the words "except where disclosure could not be known in professional circles within the European Communities and specialised in the field concerned during normal business activities before the date of application or the date of priority 'shall be inserted after the words" or otherwise published'.
2. In Article 24 (2), the words "or any other State constituting the European Economic Area 'shall be inserted after the words" in the European Communities'.
3. in Article 27 (1) (d):
"(d) where an industrial design is already registered or protected with effects in the Czech Republic as an older industrial design but has been made available to the public after the date of priority of the contested industrial design,"
4. In Paragraph 34, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) An application for a Community design may also be lodged with the Office; (2a) The Office shall indicate on such an application the date of its filing and shall forward it to the Office for Harmonization in the Internal Market (stamps and designs) within 14 days. The applicant is obliged to pay for the transfer of the application the costs associated with the acceptance and transfer of the application in the amount of CZK 500.
(2a) Council Regulation (EC) No 6 / 2002 of 12 December 2001 on Community designs. "
5. In Paragraph 37 (6), the sentence "An application for an industrial design shall also be rejected by reason of a collision with an earlier identical industrial design with effects on the territory of the Czech Republic, which was made available to the public after the date of filing of the application, or after the date of priority of the application. '
6. Paragraph 40 (3) is deleted.
7. In Article 47, paragraph 3 is added, including footnote (6a):
"(3) An action against a decision of the Office shall be admissible under special legislation. 6a)
6a) Act No. 150 / 2002 Coll., Administrative Rules of Procedure, as amended. '
8. In Article 47, paragraphs 4 and 5 are added:
"(4) The Municipal Court in Prague decides in the Czech Republic as a first-degree court for Community designs under Council Regulation (EC) No 6 / 2002 of 12 December 2001 on Community designs.
(5) Decisions of the Office for Harmonisation in the Internal Market (Signs and Designs) on costs in favour of a party before the Office for Harmonisation in the Internal Market (Marks and Designs) shall, on application by an authorised tenderer, be accompanied by a document of enforceability, following verification of the authenticity of the title without carrying out checks or decisions. "
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 474 / 2004 Coll., amending Act No. 207 / 2000 Coll., on the Protection of Industrial Designs and amending Act No. 527 / 1990 Coll., on Inventions, Industrial Designs and Improvements, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.08.2004 |
|---|---|
| Effective from | 24.08.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Commercial law
Industrial rights
The regulation text is for informational purposes only.
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