Decree No. 64 / 1980 Coll.
Ordinance of the Federal Ministry of Foreign Trade and of the Federal Ministry of Technical and Investment Development on Industrial Rights Management and Manufacturing Technical Knowledge in relation to Foreign Affairs
Valid
Effective from 01.07.1980
64
DECLARATION
Federal Ministry of Foreign Trade and Federal Ministry of Technical and Investment Development
of 2 June 1980
on the procedure for the treatment of industrial rights and industrial technical knowledge in relation to abroad
The Federal Ministry of Foreign Trade and the Federal Ministry of Technical and Investment Development, in agreement with the Federal Ministry of Finance and the State Bank of Czechoslovakia, provides pursuant to § 36 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs:
Management of industrial rights and industrial technical knowledge in relation to abroad
(1) The management of industrial rights and industrial technical knowledge in relation to abroad includes:
(a) granting the right to use inventions, designs and marks for a fixed or indefinite period;
(b) the acquisition of a right to use inventions, designs and marks for a fixed or indefinite period;
(c) the transfer of rights to inventions, designs, trade marks and technical knowledge;
(d) the acquisition of rights to inventions, designs, trademarks and technical knowledge;
(e) providing production technical knowledge for use for a fixed or indefinite period;
(f) acceptance of technical knowledge for use for a fixed or indefinite period.
(2) The management of industrial rights and industrial technical knowledge in relation to abroad is carried out by licensing agreements. Contracts covered by points (a), (c) and (e) are active licensing contracts. Contracts covered by points (b), (d) and (f) are passive licensing contracts.
Intermediate licensing contracts
(1) Licensing agreements are negotiated and concluded by Czechoslovak persons through an organisation of foreign trade whose business is to facilitate licensing contracts (hereinafter referred to as "intermediate organisations") .1.
(2) Where, in close association with the import or export of goods, a licence agreement is to be a party to a Czechoslovak legal person, who is a socialist organisation, may, in appropriate cases, facilitate or conclude, with the agreement of the intermediate organisation, a Czechoslovak legal person, who is a socialist organisation, who is entitled to import or export such goods.
(3) By granting the consent referred to in paragraph 2, the intermediate organisation shall not give rise to any claims.
(4) Without the agreement referred to in paragraph 2, a Czechoslovak legal person who is a socialist organisation carrying out export or import of goods may conclude a licence agreement only with the approval of the Federal Ministry of Foreign Trade.
Procedure for the treatment of industrial rights and technical knowledge
(1) The request for consent to open negotiations on the content of the licence agreement is submitted by the Czechoslovak legal person, which is a socialist organisation, to its central management body.
(2) Czechoslovak persons who are not socialist organisations submit an application through an intermediate organisation to the Federal Ministry of Technical and Investment Development.
(3) The application shall contain:
(a) the subject matter of the proposed licence agreement;
(b) an indication of who the licence contract is to be concluded with;
(c) a preliminary technical and economic analysis of the effectiveness of the licence agreement, including the expression of the organisation of foreign trade in question.
(4) If the application does not contain the required particulars, the managing central authority shall return the application.
If the managing central authority considers the opening of negotiations on the content of the licence agreement with a foreign person to be effective, it shall give its consent to the opening of negotiations. It shall inform the authorities referred to in § 35 of Act No. 42 / 1980 Coll., on economic relations with foreign countries of its consent; at the same time, send them the supporting documents referred to in Article 3 (3) in the Annex.
Czechoslovak persons negotiating the content of a licence contract may not accept any obligations during negotiations; for serious reasons, they may conclude a licence contract subject to additional approval by the competent authorities.
(1) Following negotiations on the content of the licence agreement, the Czechoslovak legal person, which is a socialist organisation, shall submit an application to the managing central authority for authorisation to conclude the licence agreement.
(2) Czechoslovak persons who are not socialist organisations submit an application through an intermediate organisation to the Federal Ministry of Technical and Investment Development.
(3) The application shall contain:
(a) the draft final version of the licence agreement with the Czech or Slovak translation;
(b) the final technical and economic analysis of the effectiveness and benefits of the licensing contract concluded;
(c) binding proof of the foreign exchange and crown coverage of the salaries related to the implementation of the licence contract and of the statements financing the branches of the Czechoslovak State Bank to finance costs;
(d) the statements of the various authorities of the state, if necessary according to the Czechoslovak regulations in force.
(4) If the application does not contain the required particulars, the managing central authority shall return the application.
(1) Before granting a licence, the managing central authority shall seek the approval of the central authorities referred to in § 35 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs; it shall simultaneously send the supporting documents referred to in Article 6 (3) in the Annex.
(2) The managing central authority may issue an authorisation to conclude a licence agreement unless one of the authorities referred to in paragraph 1 gives it a negative opinion within 21 days. Such authorisation shall not replace the foreign exchange permit in accordance with the foreign exchange regulations.
(3) The approval of the Federal Ministry of Foreign Trade is not required for passive licensing contracts, unless they contain restrictions on exports of products affected by the licensing agreement. Other licensing agreements are assessed by the Federal Ministry of Foreign Trade in terms of the consequences of the conclusion of a licence contract in the field of foreign trade.
Registration of licence agreements
Licensing contracts shall be subject to registration with the Federal Ministry of Technical and Investment Development. The Czechoslovak legal entity, which is a socialist organisation, sends a licence agreement for registration before it is concluded. Similarly, the intermediate organisation is engaged in licensing contracts concluded by Czechoslovak persons who are not socialist organisations.
All documents, documents (including recovery and payment documents) and documentation relating to the conclusion or performance of a licence contract may be sent abroad only by a Czechoslovak person who is entitled to arrange or conclude a licence contract. 2)
The Federal Ministry of Technical and Investment Development shall, in cooperation with each central authority, amend the elements of the documents referred to in paragraphs 3 (3), 6 (3) and the elements of the documents needed to carry out the registration of the licence agreement referred to in paragraph 8, as well as the manner in which they are referred to the Federal Ministry for Technical and Investment Development.
Paragraph 2 to 9 shall also apply to the cancellation of licence agreements before the expiry of their term of validity, to amendments to licence agreements and to the conclusion of amendments to licence agreements.
Transitional and final provisions
The Directives of the Federal Ministry of Foreign Trade, the Federal Ministry of Finance, the Federal Ministry of Technical and Investment Development and the State Bank of Czechoslovakia of 24 April 1973 on the procedure for the conclusion of licensing and similar contracts and contracts for project, engineering, research and consultancy work for foreign exchange aliens, as amended by the Directives of the Federal Ministry of Foreign Trade, the Federal Ministry of Finance, the Federal Ministry of Technical and Investment Development and the President of the State Bank of Czechoslovakia of 29 August 1978 amending the Directive of 24 April 1973 on the procedure for the conclusion of licensing and similar agreements and contracts for project, engineering, research and consultancy work for foreign exchange foreigners.
This Decree shall take effect on 1 July 1980.
Minister for CSSR
for technical and investment development:
Ing.
Minister
foreign trade CSSR:
Ing. Barčák v. r.
1) Decree No. 3 / 1959 of the Ú.l. (Ú. v.) on the establishment of the company Polytechna, a foreign trade undertaking for the mediation of technical cooperation, as amended by Decree No. 32 / 1961 Coll. and Decree No. 47 / 1974 Coll.
2) Paragraph 4 (1) (c) of Decree No. 60 / 1980 Coll., on the granting of authorisation for foreign business and on the conduct of foreign business by foreign persons.
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Regulation Information
| Citation | Decree of the Federal Ministry of Foreign Trade and the Federal Ministry of Technical and Investment Development No. 64 / 1980 Coll., on the procedure for the treatment of industrial rights and industrial technical knowledge in relation to abroad |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.1980 |
|---|---|
| Effective from | 01.07.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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