Act No. 52 / 1948 Coll.
Act on Exceptional Measures in the Protection of Inventions
Valid
Effective from 28.02.1948
52.
Law
of 11 March 1948
on emergency measures in the field of protection of inventions.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Application of priority.
(1) Priority periods laid down in Article 4 in the field of protection of inventions The Paris Union Conventions for the Protection of Business Property and did not expire on 29 September 1938 or began to run after that date, shall be extended until one year after the date of entry into force of this Act.
(2) A Czechoslovak national may claim a right to grant a priority right under Paragraph 54 (a) of the Patent Act, as amended by the Law of 20 December 1932, No 26 Coll. of 1933 amending and supplementing the provisions on the protection of inventions, on the basis of his application filed abroad.
(3) In the case of patent applications lodged between 5 May 1945 and 1 year after the date of the entry into force of this Act, entitlement to a priority right based on a sample application may be claimed for a trade and trade defence chamber pursuant to the Law of 7 December 1858, No 237, on protective samples, as amended by the laws amending it and supplementing it, if the sample was registered between 1 August 1940 and 4 May 1945 inclusive. The application for priority shall state the date and place of entry of the sample, together with the relevant priority document issued by the place of entry.
(4) In the case of patent applications lodged between 5 May 1945 and the date of the entry into force of this Act and not yet notified and unloaded, entitlement to the grant of a priority right may be claimed retrospectively, but no later than one year after the date of entry into force of this Act.
(5) If the Party cannot obtain a priority document because the Office with which the original application was filed cannot issue it or refuse to issue it due to exceptional circumstances caused by the war, the priority right may also be demonstrated in another credible way.
Extension of time limits.
Timetable: those provisions of Directive 2006 / 112 / EC shall be implemented within 5 years of the entry into force of this Agreement.
(a) for the preservation of rights under patent applications and patents acquired on or after 30 September 1938; or
(b) for the acquisition of rights which, if not for war, could have been acquired after 29 September 1938 at the request submitted before 30 June 1947, shall be extended until one year after the date of entry into force of this law.
Deferred obligation to carry out the invention.
(1) The period between 29 September 1938 and 30 June 1947 does not count within the three-year period laid down in Sections 21 and 27 of the Patent Act.
(2) Paragraphs 21, 4 and 27 of the Patent Act do not apply until 30 June 1949 to patents in force on 30 September 1938.
The effect of the provisions of Sections 1 and 2 on third parties' rights.
(1) Persons who have begun to use the subject of the patent which has been again valid under the provisions of § 2 in the territory of the Czechoslovak Republic from the date of the expiry of the patent until 31 December 1946, or who have taken the measures necessary for such use at that time, are entitled to continue to use the subject of the patent for the needs of their own plant in private or foreign workshops. Paragraph 9 (3) and (4) of the Patent Act applies mutatis mutandis.
(2) An inventor who proves that he is the originator and who has applied for his invention for patenting for the territory of the Czechoslovak Republic between 29 September 1938 and 1 January 1946, or his successor in title, shall be treated as a seamless user in accordance with paragraph 1, even if he did not actually use his invention, in view of the patent application of which the same invention is the subject of the application and which was made using the benefit provided for in Paragraph 1, even if he did not actually use his invention to prove that the beginning of use was prevented by war.
Strangers.
(1) For foreigners abroad, the provisions of Sections 1, 1, 4 and 5 and of Sections 2 and 3 shall apply only as long as the country in which they are members or in which they reside or have real and real business or business establishments provides the Czechoslovak nationals with essentially the same relief.
(2) The Minister of Industry shall declare whether and to what extent the condition referred to in paragraph 1 is met, in the Official Journal, in Slovakia also in the Úradnom vestník.
Annual fees paid on behalf of the Czechoslovak State abroad.
(1) The annual fees for patents due after 29 September 1938 and paid abroad until 31 December 1945 on behalf of the Czechoslovak State shall be deemed to have been duly paid in accordance with the relevant provisions, even if the prescribed time limits have not been maintained.
(2) Payments under paragraph 1 which have taken place in a foreign currency shall be deemed to comply with the relevant rules if they have been made at the official rate known at the time of payment.
The effect of Paragraph 6 on third party rights.
(1) Persons who began to be deceased from the date on which the patent covered by Paragraph 6 (1) was used unintentionally by the Patent Office in Prague until 31 December 1946, or who took the measures necessary for such use at that time, are not entitled to continue to use the patent subject, but may, within one year from the date of the entry into force of this law, claim a right against the holder of the patent to grant them a licence.
(2) If the parties fail to agree to grant the licence referred to in paragraph 1, the conditions of the licence shall be laid down by the Patent Office in Prague, on a proposal from one of the parties, in a procedure on which the rules on cancellation proceedings apply mutatis mutandis.
(3) At the same time as the application is lodged, a fee of 500 CZK is paid, an appeal is lodged with the Patent Court of 700 Kcs, otherwise the application or appeal is deemed not to have been lodged. Paragraph 116, paragraph 3, of the second patent law applies mutatis mutandis.
This Law shall take effect on 28 February 1948; It shall be implemented by the Minister of Industry in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Fierlinger v. r.
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Regulation Information
| Citation | Act No. 52 / 1948 Coll., on Exceptional Measures in the Protection of Inventions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.1948 |
|---|---|
| Effective from | 28.02.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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