 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/CZE/E/2 
1 July 2004 
 (04-2840) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
CZECH REPUBLIC 
 
 The present document reproduces the consolidated text1 of Act No. 191/1999 Coll. of 29 July 
1999 on measures concerning entry, export and re -export of goods infringing certain intellectual 
property rights, and on amendments of some othe r Acts (see document IP/N/1/CZE/E/1), as amended 
by Acts No. 569/1991 Coll., No. 586/1992 Coll., No. 593/1992 Coll., No. 121/2000 Coll. and No. 260/2002 Coll., notified by the Delegation of the Czech Republic by means of a communication 
dated 28 October 2002. 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATI ONS CONSACRÉES À LA PROPRIÉTÉ 
INTELLECTUELLE NOTIFIÉES AU TITRE DE  L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE TCHÈQUE 
 
 Le présent document contie nt le texte consolidé1 de la Loi n° 191/1999 du 29 juillet 1999 
relative aux mesures concernant l'entrée, l'exporta tion et la réexportation des marchandises qui portent 
atteinte à certains droits de pr opriété intellectuelle, et modifiant d'autres lois (voir le document 
IP/N/1/CZE/E/1), telle que modifiée par les Lois n° 569/1991, n° 586/1992, n° 593/1992, n° 121/2000 
et n° 260/2002, notifié par la Délégation de la  République tchèque dans une communication datée 
du 28 octobre 2002 . 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio   
 
 
PRINCIPALES LEYES Y REGLAMENTOS DE DICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA CHECA 
 
 En el presente documento se reproduce el texto consolidado1 de la Ley N° 191/1999 de 
fecha 29 de julio de 1999 relativa a medidas para la entrada, exportación y reexportación de bienes 
que infringen determinados derechos de propiedad intelectual, y que modifica otras leyes (véase el 
documento IP/N/1/CZE/E/1), modificada por las Leyes Nº 569/1991, Nº 586/1992, Nº 593/1992, Nº 121/2000 y Nº 260/2002, que la Delegación de la República Checa notificó mediante una 
comunicación de fecha 28 de octubre 2002. 
                                                     
 
 1 In English only. The text in the original language is ava ilable for consultation by intere sted Delegations at the WTO 
Secretariat./En anglais seulement.  Les délé gations intéressées peuvent consulter le te xte dans sa langue d'origine, au Secréta riat de 
l'OMC./En inglés solamente.  Las delegacione s interesadas podrán consultar en la Secretar ía de la OMC el texto en su idioma ori ginal. IP/N/1/CZE/E/2 
Page 2  
 
  THE PRIME MINISTER 
 
hereby promulgates a full wording of Act No. 191/1999 Coll., 
laying down measures concerning entry, export  and re-export of goods infringing some 
intellectual property rights and on ame ndments of some other acts arising  
from amendments made by the Act No 121/2002 Coll. and by Act No. 260/2002 Coll. 
 
Act 459/2002 
laying down measures concerning entry, export and re-export  
of goods infringing some intellectual property rights 
 
 The Parliament has hereby enacted th e following Act of the Czech Republic: 
 
PART ONE 
MEASURES CONCERNING ENTRY, EXPORT AND RE-EXPORT OF GOODS 
INFRINGING SOME INTELLE CTUAL PROPERTY RIGHTS 
 
CHAPTER I  
 
SUBJECT MATTER OF THE ACT 
 
Section 1 
 
(1) The present Act stipulates circumstances and conditions under which a Customs office adopts a 
measure in the event it harbors a well-founde d suspicion that goods which have been 
(a) proposed for release under the free circulation procedure2, the export procedure3, or in respect 
whereof a re-export application has been submitted4, or 
(b) identified in the course of Customs supervision or a Customs check, released under any of the 
suspensive procedures5, or placed in a free Customs zone or a free Customs warehouse6, 
are counterfeit or pirated goods.  
(2)  Insofar as indisputable cases dealt with in pe tty offence or administra tive tort proceedings as 
provided for herein are concerned, the present Ac t also stipulates powers of Customs offices to 
recognize the goods in question as counterfeit or  pirated goods, order goods which a Customs 
office or a court has declared to be counterfeit or pirated goods destroye d or rendered useless, 
and deal with petty offences or administrative torts in case of a violation of the present Act. 
 
Section 2 
 
For the purpose of the present Act, the term 
(a) “counterfeit goods” as used herein shall denote 
                                                      
2 Sections 128 to 132 of Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 113/1997 Coll. 
3 Sections 214 to 216 of Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 113/1997 Coll. 
4 Section 233 of Act No. 13/1993 Coll. 
5 Section 133, Paragraph 1, of Act No. 13/1993 Coll. 
6 Sections 217 to 232 of Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 113/1997 Coll.  IP/N/1/CZE/E/2 
 Page 3 
 
 
 1. goods, including packages thereof, which bear a designation which is either the same as, or 
can be mistaken for, a trademar k registered for other goods without a consent of the owner of 
such a trademark or a generally known tradem ark, thus infringing the trademark owner’s 
rights7, and all articles bearing the same or simila r designation (labels, stickers, logos, tags, 
promotional leaflets, operating instructions, warra nty documents etc.), even if submitted to a 
Customs office separately, i.e. without the goods in question, or if a Customs office detects or 
discovers them separately, i.e. without the goods in question, 
2. packages bearing a designation referred to in  Paragraph 1 above, even if submitted to a 
Customs office separately, i.e. without the goods in question, or if a Customs office detects or 
discovers them separately, i.e. without the goods in question, 
3. any moulds or dies specifically designed or adapted to produce counterfeit trademarks, or 
goods bearing such trademarks, or com puter models of such trademarks, 
4. goods infringing rights of a patent owner or co-o wner or rights of an Authorship Certificate 
owner8,  
(b) “pirated goods” as used herein shall denote goods , including packages thereof, directly or 
indirectly manufactured without a consent of the owner or co-owner of a patent, of an Authorship 
Certificate, of a copyright or another right protected under the Copyright Act, or of a right pertaining to a registered industrial design or u tility design, or without a consent of the person 
authorized to manufacture such goods, which are either copies per se , or which include such 
copies, if making such copies infringes th ese rights pursuant to a special legal act
9, moulds or dies 
specifically designed or adapted to produce pirated goods, if the use of such a mould or die 
infringes or may infringe the owner’s rights pursuan t to the special legal act referred to above, 
(c) “an authorized person” as used herein shall denot e the owner or co-owner of a patent, of an 
Authorship Certificate, of a copyright or another right protected under the Copyright Act, or of a right pertaining to a registered industrial design or utility design, representatives or authorized persons
10, or other authorized persons, 
(d) “an indisputable case” as used herein shall denote any case in which an aut horized person, invited 
to do so in writing, submits to the Customs office, within a period of time stipulated in Section 11, 
Paragraph 3, of the present Act, a written stat ement clearly indicating that detained goods are 
counterfeit or pirated goods and the information provided in such a statement is accurate, 
complete, valid and true. 
 
Section 3 
 
The present Act shall not apply to goods 
(a) which are designated by a trademark with a con sent of the trademark’s owner, protected under a 
patent, by a copyright or a similar right, or a right related to a registered industrial or utility design, 
                                                      
7 Act No. 137/1995 Coll., on trademarks 
8 Act No. 527/1990 Coll., on inventions, industrial designs and improvement proposals, as amended by Act No. 
519/1991 Coll. 
9 Act No. 35/1965 Coll., on literary and scientific works and works of art (Copyright Act), as amended. 
Act No. 527/1990 Coll., as amended by Act No. 519/1991 Coll. 
Act No. 478/1992 Coll., on utility designs 
10 Act No. 35/1965 Coll., as amended 
Act No. 237/1995 Coll., on collective administration of copyrights and similar rights, and changes and 
amendments of some other legal acts. IP/N/1/CZE/E/2 
Page 4  
 
 are manufactured with a consent of the owner of such a right, but are proposed for a release or 
placed under any of the Customs procedures referred  to in Section 1, Paragraph 1, without a 
consent of the owner of the right, or in respect whereof a re-export application has been submitted, 
or are being placed into a free Custom s zone or a free Customs warehouse, 
(b) are manufactured or designated by a trademark under conditions different from those agreed with 
the owner of the right in question, 
(c) are not of a commercial nature, are imported by a traveller, and are relieved from the import 
duty11. 
 
CHAPTER II 
SUBMISSION OF A REQUEST ASKING A CU STOMS OFFICE TO TAKE MEASURES 
 
Section 4 
Submission of the Application 
 
(1) An authorised person may submit a written request  asking the Customs office in the territorial 
jurisdiction of which goods in any of the situations  described in Section 1, Paragraph 1, are found 
to take measures preventing its rights from being infringed upon, 
 
(2) The request provided for in Paragraph 1 above sh all be submitted to the Customs Directorate in 
Hradec Králové (hereinafter „the Customs Directorate“). 
 
(3) The request provided for in Paragraph 1 above  shall contain the following particulars: 
(a) a detailed description of the goods in ques tion, allowing them to be identified, 
(b) a period of time, or deadline, in which the me asure of the Customs Directorate (hereinafter 
„the measure“) is to be implemented, 
(c) the identification of the Customs office which is to implement the measure. 
 
(4) Attached to the request shall be a document proving that the applicant is an authorized person, as 
defined in Section 2, Paragraph (c). Eligible as such documents shall be: 
(a) a document proving an entry of the right in questi on into an appropriate register, which, insofar 
as such rights are concerned, is issued by an authority appointed by a special legal regulation12, 
(b) a document proving that the applicant is indeed the owner of the intellectual property right in 
question, related to the goods in question, 
(c) a document granting the right to make use of the ri ghts referred to in Section 2, Paragraphs (a) 
and (b), 
(d) a document authorizing the applicant to submit the request or a document referred to in 
Paragraphs (a) or (b) above, if a representative of the authorized person or another authorized 
person submits the request. 
(5) In addition to the information and documents refe rred to in Paragraphs 3 and 4, the authorized 
person shall provide to the Customs Directorate an y additional information needed to evaluate and 
handle the request, if they are available to that. The term „additional information“ as used herein 
shall denote, in particular, any special properties of the protected goods, documents indicating the 
Customs value or price of the goods in questi on, documents on their package, or documents 
permitting to distinguish counterfeit or pirated goods from the protected goods. 
 
                                                      
11 Sections 46 to 48 of Ordinance No. 136/1998 Coll., on exemption of goods from the import duty, as amended 
by Ordinance No. 125/1999 Coll. 
12 E.g. Act No. 527/1990 Coll., Act No. 478/1992 Coll., Act No. 137/1995 Coll.   IP/N/1/CZE/E/2 
 Page 5 
 
 
 (6) If the request concerns pirated goods, the authorized  person shall also provide, in addition to the 
information referred to in Paragraph 3, the followi ng information, if such information is at its 
disposal: 
(a) the place where the goods in question are found, or their presumed destination, 
(b) information concerning the identity of the consignment or individual packages, 
(c) the presumed date of arrival or dispatch of the goods in question, 
(d) means of transport used to carry the consignment, 
(e) information concerning the importer, exporter or holder of the goods in question. 
 
(7) The request, documents, informa tion and additional data may be submitted electronically, 
providing that they will also be sent to the Customs office in writing not later than on the next 
business day. 
 
(8) The request shall be submitted in Czech. If the request is submitted in a language other than 
Czech, an official translation into Czech shall be enclosed therewith. The above provision shall 
also apply to the documents, information and additi onal data referred to in Paragraphs 4 to 7. 
 
Section 5 
 
(1) If the request meets the conditions and requireme nts stipulated in Section 4, the Customs 
Directorate shall invite the authorized person to deposit, within 15 days from the day the invitation 
is served, an adequate security (hereinafter „the  security“) referred to in Section 6 and to pay a 
lump sum referred to in Section 7. If the Custom s Directorate does not accommodate the request, it 
shall notify the applicant thereof, stating the reasons. 
 
(2) When the requirements and conditions referred to  in Paragraph 1 have been met, the Customs 
Directorate shall order, within 15 days, the Cust oms office specified in the request to take the 
measures, including a period of time for which they are to remain in effect, and also notify the 
authorized person thereof. 
 
(3) If the authorized person disagrees with how its re quest has been treated, it shall ask, within one 
month from the day a rejection notice or an invitation provided for in Paragraph 1 above is served, 
the Ministry of Finance (hereinafter „the Ministry “) to evaluate and assess whether the approach of 
the Customs Directorate was correct. The Ministry  shall make the assessment and communicate its 
outcome to the authorized person within one month since the latter asked it to make the 
assessment. 
 
(4) The authorized person shall immediately notify the Customs Directorate that its right is no longer 
registered in the relevant register or th at it has expired for another legal reason. 
 
(5) The submission of a request as described in Sec tion 4 and the procedure outlined in Paragraphs 1 
to 4 above shall not be governed by the Code of Administrative Procedure13. 
 
Section 6 
Deposition of a Security to Ensure the Co mpensation of Costs and Potential Damage 
 
(1) A security ensuring the compensation of costs and potential damage shall be used to reimburse 
(a) damage inflicted upon persons or persons in r espect whereof a Customs office took a measure, 
if it later cancelled its decision to withhold the go ods for any of the reasons set forth in Section 
                                                      
13 Act No. 71/1967 Coll., on administrative pro ceedings (Code of Administrative Procedure) IP/N/1/CZE/E/2 
Page 6  
 
 13, Paragraph 1, or if was subsequently proven that the withheld goods were not counterfeit or 
pirated goods, 
(b) reasonable costs incurred by the Customs office, in accordance with Section 7, Paragraph 1, 
 
(2) The security referred to above shall be  a lump sum equal to CZK 100,000. 
 
(3) The deposition of the security referred to in Paragraph 1 above may be in a form of 
(a) a bank guarantee14, 
(b) a cash deposit on the account of the Customs Directorate; the submission of a check the 
payment of which is guaranteed by a bank shall be deemed equal to a cash deposit . 
 
Section 7 
Compensation of costs 
 
(1) If a Customs office took a measure as a result of  a request, and later cancelled its decision to 
withhold the goods or to suspend the Customs pr oceedings for any of the reasons set forth in 
Section 13, Paragraph 1, or if was subsequent ly proven that the withheld goods were not 
counterfeit or pirated goods, the authorized person shall reimburse the costs reasonably incurred by 
the Customs office in connection with having the goods in question under its Customs supervision. 
 
(2) A lump sum equal to CZK 1,500, - shall be paid  for taking a measure. The lump sum comprises 
eligible costs incurred by the Customs Directorate in connection with processing the request. 
 
(3) If the goods in question have been proven to be counterfeit or pirated goods, the compensation of 
costs shall be paid by the importer (in cases of imported goods), the exporter (in cases of exported 
or re-exported goods) or the pers on/person found in possession of the goods in question (all other 
cases). 
 
(4) The Customs Directorate shall decide how mu ch the cost compensation will amount to. The 
compensation of costs shall become due and paya ble within 30 days from the day the decision is 
served. 
 
(5) If the reasons for which a security has been provided in accordance with Section 6 above no 
longer exist, the Customs Directorate shall su bmit a list of expenses deducted therefrom and 
release the balance. Cash deposit shall be used, first and foremost, to reimburse the costs referred 
to in Section 6, Paragra ph 1, and Subparagraph (b). 
 
(6) Provisions of Paragraphs 1 to 5 above shall apply mutatis mutandis  to deal with requests for 
extending a deadline in which the Customs office measure is to be implemented and enforced. 
 
Section 8 
Damage Compensation 
 
(1) If a Customs office took a measure as a result of  a request, and later cancelled its decision to 
withhold the goods or to suspend the Customs pr oceedings for any of the reasons set forth in 
Section 13, Paragraph 1, or if was subsequent ly proven that the withheld goods were not 
counterfeit or pirated goods, the authorized pers on shall be obliged to compensate any damage 
sustained by the owner, importer,  exporter, consignee or consi gnor of the goods in question in 
connection therewith. 
                                                      
14 Sections 313 to 322 of the Commercial Code  IP/N/1/CZE/E/2 
 Page 7 
 
 
 (2) Damage compensation claims shall be governed mutatis mutandis  by relevant provisions of the 
Civic Code15. 
 
CHAPTER III 
DISCOVERY OF COUNTERFEIT OR PIRATED GOODS 
BY CUSTOMS SUPERVISION OR A CUSTOMS CHECK 
 
Section 9 
 
(1) If a Customs office discovers, 
(a) during a Customs control of goods transported across the state border16, 
(b) when trying to locate goods which have escaped Customs supervision17, 
(c) during a Customs control of goods placed under any suspensive procedure18, or 
(d) during a Customs control of goods placed in a Free Customs zone or a Customs warehouse19 
and at a time when a request to take measures ha s not yet been submitted, or the Customs has not 
yet said that a measure can be taken, goods in respect whereof there exist a well-founded suspicion 
that they may be counterfeit or pirated goods, it shall issue a ruling whereby the goods in question 
will be withheld, notifying the Customs Directorat e of its action without any unnecessary delay. At 
the same time, the Customs Director ate shall notify the authorized person, if is known to it, of the 
facts it has established and of the potential infringeme nt of the authorized person’s right so that the 
latter can submit a request to the Customs Directorat e to take a measure, as provided for in Section 
4. A similar procedure shall be used in the case of goods having been handed over to a Customs 
office by another authority, as per a special legal regulation20. 
 
(2) If a Customs office discovers, in the cour se of verifying a Customs declaration21 at a time when a 
request to take measures has not yet been submitted,  or the Customs has not yet said that a measure 
can be taken, goods in respect whereof there ex ists a well-founded suspicion that they may be 
counterfeit or pirated goods, it shall issue a rulin g whereby the goods in question will be withheld, 
notifying the Customs Directorate of its action without any unnecessary delay. At the same time, 
the Customs Directorate shall notify the authorized person, if the latter is known to it, of the facts it has established and of the potential infringement of the authorized person’s right so that the latter 
can submit a request to the Customs Directorate to  take a measure, as provided for in Section 4. 
 
(3) A Customs office may withhold goods in accordance with Paragraphs 1 and 2 without considering 
rights of third persons. The Customs office shall issue a ruling to withhold the goods in question 
and serve it to the person whose goods have been  withheld. The person which goods have been 
withheld may appeals the decision within fifteen days of the day of its service. 
 
(4) The ruling to withhold the goods in question sha ll list reasons for which the goods are withheld, 
and an instruction concerning rights and obligati ons of the person, which it concerns. The Customs 
office may leave goods, which could otherwise be withheld in possession of the person concerned, 
ordering the latter not to use, take away or otherwise dispose of the goods in question. 
                                                      
15 Sections 420 to 445 of the Civic Code, as amended 
16 Section 80 of Act No. 13/1993 Coll., as amended by Act No. 113/1997 Coll. 
17 Section 37 of Act No. 13/1993 Coll., as amended by Act No. 113/1997 Coll. 
18 Section 48, Paragraph 1, of Act No. 13/1993 Coll. 
19 Section 219, Paragraph 4, of Act No. 13/1993 Coll. 
20 E.g. Section 23, Paragraph 8, of Act No. 634/1992 Coll., on consumers’ protection, as amended 
21 Sections 115 to 122 of Act No. 13/1993 Coll., as amended by Act No. 13/1997 Coll. IP/N/1/CZE/E/2 
Page 8  
 
  
(5) The person who has been served a ruling withholds goods shall surrender the goods in question to 
the Customs office. If the goods in question are not  surrendered to the Customs office even after 
the person has been invited to do so, they can  be taken away from whoever is in possession of 
them. An official protocol on surrendering or taki ng away of withheld goods shall be prepared, 
including a description of the goods in question. The person that has surrendered the goods in 
question or that the goods in question have been ta ken away from shall be issued a receipt to that 
effect by the Customs office. 
 
(6) If withheld goods are no longer needed for further proceedings and their forfeiture, confiscation in 
petty offence or administrative tort proceedings, or  destruction pursuant to Section 14 hereof are 
out of question; they shall be returned to  the person which they were withheld from. 
 
(7) If the title to withheld goods is presented by a pe rson other than that from which the goods in 
question were taken, or if the Customs offi ce has doubts as to whether the goods belong to the 
person which they were taken away from, the Cu stoms office shall not surrender the goods and 
instruct the persons concerned to refer their claims to the court. 
 
Section 10 
 
If, in matters referred to in Section 9, Paragra phs 1 and 2, the authorized person fails to submit a 
request provided for in Section 4 above in three bu siness day from the day it is served a notice that the 
goods in question have been withheld, its right and title shall be rendere d null and void and the 
Customs office shall cancel the ruling to withhold the goods issued hereunder.  
 
 
CHAPTER IV 
REQUIREMENTS GOVERNING THE ADOPTION OF MEASURES 
BY CUSTOMS OFFICES 
 
Section 11 
(1) If a Customs office, which has been notified by the Customs Directorate that measures can be 
taken, establishes, after a potential discussion with  the authorized person, that goods matching the 
description of counterfeit or pira ted goods in the notice of the Customs Directorate and falling 
into any of the situations outlined in Section 1,  Paragraph 1, of the present Act are found within 
its jurisdiction, it shall issue a ruling suspe nding Customs proceedings to place the goods in 
question under a proposed Customs procedure or to re-export the goods in question, which are 
already in progress, for 10 business days and notif y the Customs Directorate of its action without 
any unnecessary delay. For the purpose of facilita ting further proceedings, the Customs office 
shall be entitled to take samples of and prepare documentation pertaining to the withheld goods. 
(2) If a Customs office discovers the facts referred to  in Paragraph 1 above when exercising Customs 
supervision and during a Customs control accordi ng to Section 9, Paragraphs 1 and 2, an 
authorized person has submitted a request in accordance with Section 4, and the Customs 
Directorate has notified the Customs office that it is free to take measures, the latter shall notify 
the Customs Directorate of the facts referred to above without any unnecessary delay; the provisions of Paragraph 1 regarding th e sampling and documentation shall apply mutatis 
mutandis.  
 
(3) The Customs office, which has taken the measure s, provided for in Paragraphs 1 and 2 above 
shall notify the authorized person thereof without  any unnecessary delay; so that the latter can  IP/N/1/CZE/E/2 
 Page 9 
 
 
 seek to protect its rights. When invited to do so in writing by the Customs office, the authorized 
person shall be obliged to submit, within three da ys from the day it is served the Customs office’s 
notice, a written statement clearly indicating that  the withheld goods are counterfeits or pirated 
goods, including a confirmation that the information provided therein is accurate, complete, valid 
and true ; if the above statement is submitted in a language other than Czech, an Official 
translation into Czech shall be enclosed therewith. If the authori zed person requests so in writing, 
the Customs office shall give it the first name, surname and permanent residence address, or the 
name, business firm and seat of the declarant, a nd, if known, also the first name, surname and 
permanent residence address, or the name, business firm and seat of the consignee, so that the 
authorized person is able to protect its rights. 
 
(4) The authorized person shall be obliged to notif y the Customs office, within ten business days 
from the day the Customs office in forms the authorized person that  goods have been withheld or 
that Customs proceedings have been suspended,  whichever is applicable, of any precautionary 
measure ordered by a court or of the commencem ent of court proceedings leading to a decision 
that the goods in question are counterfeit or pi rated goods. The above notice shall be made in 
writing or orally, in the form of a deposition. It may also be served by a wire, Teletype, fax, or electronically, providing that it will also be submitted to the Customs office in writing or orally, in the form of a deposition, not later than within thr ee business days. 
 (5) The Customs office shall permit the authorized pe rson, and any other persons, which the measure 
in question concerns, to inspect the withheld goods. 
 (6) The provisions of Section 9, Paragraphs 3 to 7, shall apply mutatis mutandis . on the withheld of 
goods. 
 
Section 12 
Prohibition to Release of Goods 
 
(1) If a court or a Customs office has issued a valid a nd enforceable ruling to the effect that the goods 
in question are counterfeits or pirated goods, the Customs office shall not release the goods in 
question into free circulation procedure or allow them to be placed under the export and re-export 
procedures, suspensive procedure, or in a free Customs zone or a Free Customs warehouse, issues 
a ruling to this effect pursuant to a special legal act22, and handle the goods in accordance 
therewith. 
(2) Provisions of Paragra ph 1 above shall apply mutatis mutandis  to cases in which the Customs 
office has proceeded in accordance with Section 9, Paragraphs 1 and 2, the Customs Directorate 
has told the Customs office to ta ke measures, and a court or a Customs office has issued a valid 
and enforceable ruling to the effect that the goo ds in question are counterfeits or pirated goods. 
 
Section 13 
Cancellation of a ruling to withhold goods or to suspend Customs proceedings 
 
(1) If the authorized person has failed to notify the Cu stoms office, pursuant to Section 11, Paragraph 
4, of  
(a) a provisional measure ordered by a court, or  
(b) of the commencement of court proceedings leading to a decision whether the goods in 
question are counterfeits or  pirated goods, or not, 
                                                      
22 Section 104, Paragraph 7, of Act No. 13/1993 Coll., as amended by Act No. 13/1997 Coll. IP/N/1/CZE/E/2 
Page 10  
 
 the Customs office shall cancel its ruling to withhold the goods, carry on with Customs 
proceedings, and be allowed to place the goods  in question under the proposed Customs 
procedure, release them for re-export, or permit them to be placed in a Free Customs zone or 
a Free Customs warehouse, subject to all requi rements set forth in Customs regulations 
having been met. For reasons worth of consid eration, the Customs office may, at a written 
request of the authorized person, extend the period by another ten business days. 
(2) If in respect of the goods in question there exists  a well-founded suspicion that they may infringe 
rights arising from a patent, trademark or regist ered industrial or utility design, the owner, 
importer, exporter, consignee or consignor thereof may ask the Cu stoms office to cancel its ruling 
to withhold the goods or to suspend Customs proceedings, as a result whereof the goods in 
question may be placed under the proposed Custom s procedure, released for re-export placed in a 
Free Customs zone or a Free Customs warehouse, subject to the owner, importer, exporter, 
consignee or consignor thereof having depos ited a security, and on the condition that 
(a) all requirements stipulated in Customs regulations have been met,  
(b) within the period of time set forth in Paragr aph 1, the authorized person has notified the 
Customs office of the commencement of court pr oceedings leading to a decision whether the 
goods in question are counterfeits  or pirated goods, or not, 
(c) within the period of time set forth in Paragr aph 1, no ruling instituting a provisional measure 
has been issued. 
(3) The decision whereby a ruling to withhold the goods or to suspe nd Customs proceedings has been 
cancelled, as provided for in Paragra phs 1 and 2, cannot be appealed. 
(4) The security deposited pursuant to Paragraph 2 sh all be high enough to protect the authorized 
person against any infringement of its rights. The deposition of the security shall be without 
prejudice to the authorized person’s right to resort  to whatever additional legal remedies it can use 
to protect its rights. The deposited security shall be released if the owner, importer, exporter, 
consignee or consignor of the goods in question h as not filed a suit to protect his rights within 20 
business days since having been notified of th e suspension of Customs proceedings or the 
withhold of goods. 
(5) If the Customs office has extended the period as pr ovided for in Paragraph 1 above, the Customs 
office may, upon a written request of the owner, impor ter, exporter, consignee or consignor of the 
goods in question, extend the term set forth in Paragraph 4 to not more than 30 business days. 
(6) Insofar as the storage of goods in respect whereo f Customs proceedings have been suspended or 
which have been withheld are concerned, tempor ary storage provisions, as stipulated by a special 
legal act
23, shall apply mutatis mutandis . 
(7) The deposition of the security may be in a form of 
(a) a bank guarantee13), 
(b) a cash deposit on the account of the Customs office; the submission of a check the payment of 
which is guaranteed by a bank shall be  deemed equal to a cash deposit. 
 
                                                      
23 Sections 93 to 95 of Act No. 13/1993 Coll., as amended by Act No. 13/1997 Coll.  IP/N/1/CZE/E/2 
 Page 11 
 
 
 Section 14 
Destruction of a Counterfeit or pirated goods 
 
(1) If a court or a Customs office has issued a valid a nd enforceable ruling to the effect that the goods 
in question are counterfeits or pirated goods, the owner or holder has not destroyed the goods in 
question himself24, and there has been no rulin g with respect to a forfeiture or confiscation of the 
goods in question, the Customs office, upon request of the authorized person or acting on its own, 
shall order the owner or holder of th e counterfeit or pirated goods in question 
(a) to destroy the same within a period of time set by the Customs office, under Customs 
supervision, and at his own expenses, 
(b) to remove the goods in question from trade circulation in order not infringes upon rights of 
the authorized person, without any right to claim any damage compensation.  
The above actions shall be without prejudice to the authorized person’s right to resort to 
whatever additional legal remedies it can use to protect its rights. 
(2) Counterfeits or pirated goods may be also left for the benefit of the state, subject to the state not 
incurring any costs in connection therewith. In such cases, provisions of Paragraph 1, Subparagraph (a), shall apply. 
(3) If the owner or holder of counterfeit or pirated good s is not known to, or has not been identified 
by the Customs office, the latter shall arrange the destruction of the goods in question. The 
Customs office shall prepare an official protocol  confirming the destruction of such counterfeits 
or pirated goods. 
(4) If the owner or holder of a counterfeit or pirated goo ds fails to comply with his duty imposed by a 
ruling taken pursuant to Paragraph 1, the Custom s office shall be entitled to issue a ruling to 
confiscate the goods in question and to destroy them  at the expense of their owner or holder. The 
costs of confiscation and destruction of the goo ds in question shall become due and payable 
within 30 days since the ruling of the Customs o ffice whereby they have been assessed and levied 
having been served. 
(5) Measures consisting in 
(a) re-exporting the counterfeit or pirated goods  in question in an unchanged state, 
(b) a simple removal of trademarks which count erfeit goods are illegally provided with, save for 
exceptional cases,  
(c) an assignment of another Customs-approved treatment or use 
shall not be deemed to constitute measures the purpose of which is to remove counterfeits or 
pirated goods from trade circulation, as per Paragraph 1, Subparagraph (b). 
(6) A simple removal of trademarks with a consent of the authorized person, if the trademark is 
placed on goods of a different class than those fo r which it was originally registered, shall be 
deemed to constitute the exceptional cases referr ed to Paragraph 5, Subparagraph (b). The 
                                                     
 
24 Section 233 of Act No. 13/1993 Coll. IP/N/1/CZE/E/2 
Page 12  
 
 trademarks shall be removed and destroyed at  the expense of the owner or holder of the 
counterfeits.  
(7) In addition to the information stipulated in S ection 11, Paragraph 3, the Customs office shall 
communicate to the authorized person, upon the latter’s written request, names and addresses of the consignor, importer or exporter, and manufact urer of the goods which have been recognized 
as counterfeits or pirated goods, as well as quan tities of such counterfeits or pirated goods. 
CHAPTER V 
PETTY OFFENCES AND ADMINISTRATIVE TORTS 
Section 15 
The present Act shall be deemed in fringed and violated by whoever 
(a) has submitted a Customs declaration to release count erfeits or pira ted goods for free circulation or 
to place them under the export procedure, 
(b) by having violated Customs regulations, has achieve d that counterfeits or pi rated goods have been 
released for free circulation, placed under the re -export procedure or under any of the suspensive 
procedures, or in a Free Customs zone or a Free Customs warehouse, 
(c) has submitted a request to release counterfeits or pirated goods for re-export or to place them in a 
Free Customs zone or a Free Customs warehouse, 
(d) has exported or imported count erfeits or pirated goods, 
(e) owns, holds, stores or sells counterfeit or pirate d goods in the territory of the Czech Republic, 
(f) failed to comply with conditions governing the handling of goods withheld hereunder. 
Part I 
Petty Offences 
 
Section 16 
Petty Offences 
 
(1) A petty offence shall be deemed committed by a natural person, unless the natural person in 
question is an entrepreneur, who has perpetrated a ny of the infringements or violations of the law 
listed in Paragraph 1 above, albeit b ecause of recklessness or negligence. 
(2) A petty offence shall be punishable by the following sanctions: 
(a) a fine, 
(b) forfeiture of goods. 
(3) Customs offices shall deal with petty offences falling hereunder. 
(4) The petty offences listed in Section 15, Paragraphs (a) to (e), may be subject to the payment of a 
fine of up to CZK 100,000 -, and the petty offe nces listed in Section 15, Paragraph (f), may be 
subject to the payment of a fine of up to CZK 50,000 -.  IP/N/1/CZE/E/2 
 Page 13 
 
 
 (5) The fines shall constitute revenue of the state budget. 
 
Section 17 
(1) A fine for an offence falling under Section 15, Para graphs (a) to (e), may be levied within one 
year since the Customs office learned that the go ods in question were count erfeit or pirated goods, 
but not later than six years from the day the actual infringement, violation or omission took place.  
(2) A fine for an offence falling unde r Section 15, Paragraph (f), may be  levied within one year since 
the Customs office learned that the conditions applying to goods withhe ld hereunder were not 
complied with, but not later than six years from the day the actual infringement took place. 
 
Section 18 
Playability of Fines 
 
A fine levied for a petty offence falling hereunde r shall be paid within thirty days from the 
day on which the ruling whereby the fine has be en levied becomes effective and enforceable. 
 
Section 19 
Forfeiture of Goods 
 
(1) In addition to a fine or as a separate action, the goods belonging to the perpetrator may be ordered 
forfeited in the following cases: (a) if they have been used to perpetrate the petty offence, or intended for this purpose, 
(b) if they have been obtained through the petty o ffence, or in exchange for goods acquired by the 
petty offence. 
 
(2) Forfeiture of goods may not be ordered where the va lue of the goods is markedly disproportionate 
to the nature of the petty offence in question. 
(3) The ownership of the forfeited goods shall pass onto the State. 
(4) Forfeiture of goods may only be ordered in comp liance with the terms and periods set forth in 
Section 17. 
Section 20 
Confiscation of Goods 
(1) In cases where a petty offence has not been sanctioned by forfeiture of the goods in question, the 
Customs office may decide that su ch goods will be confiscated if: 
(a) they belong to a perpetrator who cannot be prosecuted for the petty offence in question, 
(b) they do not belong to the perpetrator of the petty offence, or they belong to him or her only 
partly, 
(c) the perpetrator is unknown. 
 and if security of people and property  or another public interest demand so. 
(2) The confiscation of goods shall not be applied if  six years have elapsed since the time the petty 
offence in question was committed. IP/N/1/CZE/E/2 
Page 14  
 
 Section 21 
Jurisdiction 
 
A petty offence shall be dealt with by the Customs office within the territorial jurisdiction of which 
the petty offence was ascertained, although it ma y have been committed within the territorial 
jurisdiction of another Customs office. 
Section 22 
(1) In the instruction attached to its ruling wh ereby an appeal challenging a ruling imposing a 
sanction for a petty offence hereunder is rejected, th e body of appeal shall also specify the period 
of time within which it is possible to file a suit at  a court to examine the ruling in the matter of the 
appeal. 
(2) Unless stipulated otherwise herein, petty offen ces and related proceedings shall be governed by 
general petty offence legislation25.  
 
Part II 
Administrative Torts 
 
Section 23 
Administrative Tort 
(1) An administrative tort shall be deemed committe d by a legal entity or a natural person who is 
person an entrepreneur that has committed any of the actions listed in Section 15. 
(2) Customs offices shall deal with admi nistrative torts falling hereunder. 
 
Section 24 
Sanctions 
(1) An administrative tort shall be punishable by the following sanctions : 
(a) a fine, 
(b) forfeiture of goods. 
(2) Fines may be levied up to and including: 
(a) CZK 10,000,000 - for infringements and violations falling under Section 15,  Paragraphs (a) to 
(e), 
(b) CZK 15,000,000 - for infringements and violations falling under Section 15,  Paragraphs (a) to 
(e), if committed repeatedly or in a greater extent, 
(c) CZK 20,000,000 - for infringements and violations falling under Section 15,  Paragraphs (a) to 
(e), if committed repeatedly or in a greater extent. 
(3) Administrative torts falling under Section 15, Paragr aph (f), may be subject to the payment of a 
fine of up to CZK 1,000,000 -. 
                                                      
25 Act No. 200/1990 Coll., on petty offences, as amended  IP/N/1/CZE/E/2 
 Page 15 
 
 
 (4) The term “repeatedly” as used herein shall denote a violation which has taken place within 2 years 
from the day the previous ruling imposing a sanction for an infringement of the present Act upon the legal entity in question became  legally valid and enforceable. 
(5) The term “in a greater extent” as used here in shall denote goods infringing upon rights of the 
authorized person, whose Customs value exceed s CZK 1,000,000 - or, in the case of exported 
goods, its export price determined acco rding to a special legal regulation
26 exceeds CZK 
1,000,000 -. 
(6) When determining the amount of the fine, the gr avity, manner, duration and consequences of the 
illegal actions shall be  taken into account. 
(7) Forfeiture of goods may be ordered as a sanction eith er separately, or in conjunction with a fine. 
(8) The fines shall constitute revenue of the state budget. 
 
Section 25 
(1) A fine for an administrative tort according to S ection 24, Paragraph 2, ma y be levied within one 
year since the Customs office l earned that the goods in question were counterfeits or pirated 
goods, but not later than six years from the day the actual infringement, violation or omission took 
place. 
(2) A fine for an administrative tort according to S ection 24, Paragraph 3, ma y be levied within one 
year since the Customs office learned that the conditions applying to goods withheld hereunder 
were not complied with, but not later than six years from the day the actual infringement took place. 
 
Playability of fines 
  
 A fine levied for an administrative tort falling he reunder shall be paid within thirty days from 
the day on which the ruling whereby the fine h as been levied becomes legally effective and 
enforceable. 
 
Section 27 
Forfeiture of Goods  
 
Insofar as the sanction of forfeiture of goods is co ncerned, provisions of Section 19 shall apply 
mutatis mutandis . Forfeiture of goods may only be ordered in  compliance with the terms and periods 
set forth in Section 25. 
Section 28 
Confiscation of Goods 
(1) In cases where an administrative tort has not b een sanctioned by forfeiture of the goods in 
question, the Customs office may d ecide that such goods will be confiscated if they do not belong 
to the perpetrator of the administrative tort, or if  security of people and pr operty or another public 
interest demand so. 
                                                      
26 Act No. 526/1990, on prices, as amended IP/N/1/CZE/E/2 
Page 16  
 
 (2) The confiscation of goods shall not be applied if six years have elapsed since the time the 
administrative tort in question was committed. 
(3) The ownership of the confiscated goods shall pass onto the State. 
 
Section 29 
Jurisdiction 
 
An administrative tort shall be dealt with by the Customs office within the territorial jurisdiction of 
which the administrative tort was ascertained, although it may have been committed within the 
territorial jurisdiction of another Customs office. 
Section 29a 
 
In the instruction attached to its ruling whereby an appeal challenging a ruling imposing a sanction for 
an administrative tort hereunder is rejected, the body of appeal shall also specify the period of time 
within which it is possible to file a suit at a court to examine the ruling in the matter of the appeal. 
 
CHAPTER VI 
INDEMNIFICATION 
Section 30 
 
The State shall not be held responsible for an y damage sustained by and caused to persons 
and persons in connections with measur es adopted pursuant to the present Act. 
CHAPTER VII 
COMMON AND INTERIM PROVISIONS 
Section 31 
(1) The Customs office shall arrange, at the expense of the perpetrator of a petty offence or an 
administrative tort: 
(a) the destruction of forfeited or conf iscated counterfeit or pirated goods, 
(b) the removal of trademarks from forfeited or c onfiscated counterfeit or pirated goods, if placed 
on goods of a different class than those for wh ich the trademark in question was originally 
registered, or 
(c) other modifications of forfeited or confiscated counterfeit or pirated goods, so that they can 
be sold without an infringement of  rights of the authorized person. 
(2) The Customs office, upon request of the authori zed person or acting on its own, shall order the 
authorized person to destroy, at its own expe nse and under Customs supervision, counterfeit or 
pirated goods in respect whereof a confiscation h as been ordered in petty offence proceedings 
hereunder. 
 
  IP/N/1/CZE/E/2 
 Page 17 
 
 
 Section 32 
 
Costs incurred pursuant to Section 31, Paragraph 1,  and shall be due a payable within 30 days from 
the day the ruling of the Customs office determining them is served. 
 
Section 33 
(1) A timely served appeal against a ruling imposing a sanction for a petty offence or an 
administrative tort shall have a dilatory effect which cannot be ruled out. 
(2) Unless stipulated otherwise, an appeal against a ruling of Customs authorities shall not have a 
dilatory effect. For reasons worth of considera tion, the Customs authorities may permit an appeal 
to have a dilatory effect, if justified interests of the person or person c oncerned demand so and if 
such a permission shall not render the collection of outstanding payments more difficult or if a 
public interest does not prevent it. 
(3) If the compensation of costs determined in accordance with Section 7, Paragraph 4, and secured 
by a cash deposit as provided for in Section 6, is not paid voluntarily within the period of time 
stipulated in Section 7, Paragraph 4, the cash de posit shall be used to settle the compensation and 
the balance, if any, shall be re turned to the authorized person. 
 
Section 34 
 
 Insofar as matters related to the payment and co llection of compensations of costs incurred in 
connection with adopting measures, compensations of  costs reasonably incurred by Customs offices 
and arising from the duty to keep goods under Cu stoms supervision, and compensations of costs 
incurred in connection with the confiscation or dest ruction of goods are concerned, Customs offices 
shall follow mutatis mutandis  provisions of regulations dealing with the administration of taxes and 
duties27. 
 
Section 35 
 
Unless stipulated otherwise herein, proceedings taking place before Customs authorities shall be 
governed by: 
(a) regulations dealing with the administration of tax es and duties, insofar as the payment, collection 
and exaction of fines are concerned28, 
(b) the Code of Administrative Procedure in all other matters13. 
 
Section 36 
 
Measures of Customs authorities pur suant to a special legal act29 and adopted upon requests of 
authorized persons, which have been submitted prior to the present Act becoming effective, shall be 
                                                      
27 Sections 59, 73 and 73a of Act No. 337/1992 Coll., on the administration of taxes and duties, as 
amended 
28 Act No. 337/1992 Coll., on the administration of taxes and duties, as amended 
29 Section 53aof Act No. 35/1965 Coll., as amended by Act No. 86/1996 Coll. 
Section 14, Paragraph 3, of Act No. 137/1995 Coll. IP/N/1/CZE/E/2 
Page 18  
 
 taken by Customs authorities until December 31, 1999, unless the authorized person required the 
measure to be taken for a period of time elapsing earlier. 
 
Sections 37 to 40 
 
Deleted  
 
 
PART SIX 
EFFECT 
Section 41 
 
 The present Act shall become effective on the first day of the third calendar month following 
the day of its promulgation.    Act No 121/2000 Coll. on Copyright, Rights related to Copyright and on amendment of  certain Laws (Copyright Act), entered in force on 1
st December 2000. 
 Act No. 260/2002 Coll., amending Act No. 191/1991 Coll., laying down measures concerning 
entry, export and re-export of goods infringing so me intellectual property rights, and on amendments 
of some other acts, as amended by Act No. 121/2000 Coll., Act No. 586/1992 Coll., on income tax, as 
amended, Act No. 593/1992 Coll., on reserves for th e purpose of assessing the income tax basis, as 
amended, and Act No. 569/1991 Coll., on the La nd Property Fund of the Czech Republic, as 
amended, becomes effective as of September 1, 2002. 
 
Prime Minister 
 
__________ 
  
 