  
WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 23 October 2001 
 
(01-5194) 
Council for Trade-Related Aspects of  
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATION S NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
CZECH REPUBLIC 
  
 By means of a communication from its Perman ent Mission, dated 23 November 2000, the Czech 
Republic has notified, under Article 63.2 of the Agreement, the attached text
1 of Act No. 207/2000 Coll., on the 
Protection of Industrial Designs and the Amendment to Act No. 527/1990 Coll., on Inventions, Industrial 
Designs and Rationalization Proposals, as amended, which entered into force on 1 October 2000, except 
Article 24(2).  (Act. No. 527/1990 has been distributed in document IP/N/1/CZE/I/1.) 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET REGLEMEN TATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NO TIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
REPUBLIQUE TCHEQUE 
 
 
 Par une communication de sa Mission permanente, datée du 23 novembre 2000, la République tchèque 
a notifié, au titre de l'article 63:2 de l'Accord, le texte1 ci-joint de la Loi n° 207 de 2000 sur la protection des 
dessins et modèles industriels, portant modification de la Loi n° 527 de 1990 sur les inventions, les dessins ou modèles industriels et les propositions de rationalisati on, telle que modifiée, qui est entrée en vigueur le 
1
er octobre 2000, à l'exception de l'article 24 2).  (La Loi n° 527 de 1990 a été distribuée sous la cote 
IP/N/1/CZE/I/1.) 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA CHECA 
 
 
 Mediante una comunicación de su Misión Permanente , de fecha 23 de noviembre de 2000, la República 
Checa ha notificado, en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo, el texto1 adjunto de la 
Ley Nº 207/2000 de Prot ección de los Dibujos y Modelos Industriales y de enmienda de la Ley Nº 527/1990 de 
Invenciones, Dibujos y Modelos Indust riales y Proyectos de Racionalización, modificada, que entró en vigor el 
1º de octubre de 2000 (a excepción del párrafo 2 del artículo 24).  (La Ley Nº 527/1990 se distribuyó con el documento IP/N/1/CZE/I/1.)
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 2 
 
 
207 
 
LAW  
of  21 June  2000,  
 
on the Protection of Industrial Designs and the Amendment to Act № 527/1990 of Coll., 
on Inventions, Industrial Designs and Rationalization Proposals,  
as amended 
  
The Parliament has adopted the fo llowing Law of the Czech Republic: 
   
PART ONE 
 
PROTECTION OF INDUSTRIAL DESIGNS 
  
Chapter I 
 
PROTECTION OF INDUSTRIAL DESIGNS  
Article 1 
 (1) The Industrial Property Office (hereinaft er referred to as the “Office”) shall enter 
into Register the industrial designs fulf illing conditions according to this Act. 
 (2) The protection given to the identical  objects according to the author, civic, 
trademark rights, or to anothe r legal regulation, is not affect ed by provisions of this Act. 
 
Article 2 
Definitions 
For the purpose of this Act 
a) industrial design means the app earance of the whole or a part  of a product resulting from 
the features of, in particular the lines, contours, colours, shap e, texture and/or materials of 
the product itself and/or its ornamentation, 
b) product means any industrial of handicraft item, including parts intended to be assembled 
into a complex product, packaging, get-up, graphic symbol and t ypographic typefaces, 
except computer programs, 
c) complex product means a product which is com posed of multiple components, which can 
be replaced permitting disassembly and reassembly of the product, 
d) designer is a person having created the indus trial design by his own creative activity, co-
designer is a person, which has participated on the creative activ ity, during which the 
industrial design has been created.  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 3 
 
 
Article 3 
Conditions of the protection 
 (1) An industrial design shall be protected, if  it is new and has i ndividual character. 
 (2) An industrial design a pplied to or incorporated in a product, which constitutes a 
component part of a complex product, shall onl y be considered to be new and to have 
individual character: 
a) if the component part, once it has been inco rporated into the complex product, remains 
visible during normal use of the latter, and 
b) if the visible features of the component fulfil in themselves the requ irement of the novelty 
and individual character. 
(3) Normal use within the meaning of para graph 2a) shall mean use by the end user, 
excluding maintaining, servicing and repair works. 
 
Article 4 
Novelty 
 An industrial design shall be  considered new if no iden tical design has been made 
available to the public before the date of filing of  the application for registration or the date of 
priority. Industrial designs shal l be considered as identical if their features differ only in 
immaterial details. 
 
Article 5 
Individual character 
 (1) An industrial design sh all have individual characte r if the overall impression it 
produces on the informed user differs from th e overall impression produced on such a user by 
any industrial design, which has been made availabl e to the public before the date of filing of 
the application for registrati on or the date of priority. 
 (2) In assessing individual character of an i ndustrial design, the degree of freedom of 
the designer in developing design sh all be taken into  consideration. 
 
Article 6 
Disclosure 
 (1) For the purpose of assessing according Articles 4 and 5, an industrial design shall 
be deemed to have been made available to the public if it has b een published following 
registration or exhibited, used in trade or otherwise disclosed.  The industrial design shall not, 
however, be deemed to have been made available to the public in case, when it has been disclosed to a third person under explicit or implicit conditions  of confidentiality.  IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 4 
 
 
 (2) A disclosure shall not be taken into  consideration for the purpose of applying 
Articles 4 and 5 if an industr ial design for which protection is claimed has been made 
available to the public by the designer, his succe ssor in title or a third person as a result of 
information provided or action ta ken by the designer or his successo r in title, and this during 
12-months period preceding the date  of filing of the application fo r registration or the date of 
priority. 
 (3) Provisions of the para graph 2 shall also apply if the design has been made 
available to the public as a consequence of an abuse of relation to the designer or his 
successor in title. 
 
Article 7 
Industrial designs dictated by their technica l function and designs of interconnections 
 (1) In assessing the capability of an indus trial design to be registered, the features, 
which are solely dictated by its technical f unction, are not taken into consideration. 
 (2) In assessing the capability of an indus trial design to be registered, the features, 
which must necessarily be repr oduced in exact form and dimensions, in order to permit the 
product, in which the industrial design is incorporated or to  which it is applied to be 
mechanically connected to or placed in, round or  against another product, so that either 
product may perform its function, shall not be taken into consideration. 
 (3) Provisions of the paragraph 2 shall no t apply if the purpose of the industrial 
design, fulfilling otherwise conditions of Article s 4 and 5, is to allow multiple assembly or 
connection of mutually interchangeable  products within a modular system. 
 
Article 8 
Contradiction to public policy or morality 
 The Office shall not enter into Register a ny industrial design being contrary to public 
policy or to principles of morality. 
 
Article 9 
 The Office shall not record into Register an  industrial design, if an  identical industrial 
design with the prior right of priority has been already regi stered in the Czech republic. 
 
Article 10 
Scope of protection 
 (1) The scope of the protection shall be given by the representa tion of the industrial 
design as it is registered (Article 38) excep t features being predes tined by the technical 
function of the design, or which must nece ssarily be reproduced in exact form and 
dimensions, in order to permit the product, in whic h the industrial design is incorporated or to 
which it is applied to be mechanically connect ed to or placed in, round or against another 
product, so that either product may perform its  function. The scope of the protection includes  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 5 
 
 
any industrial design, which does not produce on the informed user  a different overall 
impression.  
 (2) In assessing the scope of protection, the degree of freedom of the designer in 
developing design shall be taken into consideration. 
 
Article 11 
Beginning and duration of protection 
 (1) The protection of a registered industrial design shall last 5 years from the date of 
filing of the application. 
 (2) The holder of a registered  industrial design can repeatedly renew th is period of the 
protection, scilicet each time for a period of 5 years, up to a total term of 25 years from the 
date of filing of the applicat ion of the industrial design. 
 (3) The request for renewing can be s ubmitted during the last year of the 
correspondent 5 years period, at latest on the day, which is by its number and denomination 
identical with the date of filing of the appli cation of the industrial de sign. With the request, 
the holder is obliged to pay the administrativ e fee according to the sp ecial legal regulation1). 
If the fee is not paid, the request  is considered as non-submitted.  
 (4) If the request is not submitted in terms of paragraph 3, the holder is authorized to 
submit it by 6 months after the date, when it was to be presented, at the latest. In this case, he 
is obliged to pay the corresponding fee in a double amount. If the request is not submitted 
even in this additional term or if the fee is not paid in dema nded amount, the protection of an 
industrial design expires on the date, when, accor ding to paragraph 3, the request was to be 
submitted at the latest. 
 (5) Rights of third persons, which after futile  expiration of time to filing of the request 
for renewing the protection of the industrial design according to paragraph 3, in good faith 
have begun to make a use of the industrial de sign or have realized serious and effective 
preparations to this use, are not affected by  the renewal performed on the basis of additional 
filing of the request for renewing. 
 
Chapter II 
RIGHT ON THE INDUSTRIAL DESIGN 
 
Article 12 
Right to the industrial design 
 (1) Right to the industrial design shall rest in the designer or his successor in title. The 
co-designer shall have the right to the industr ial design in the scop e corresponding to his 
participation in the creation of the industrial design. 
 (2) The application of the industrial desi gn may be filed by person having right to it 
(hereinafter referred to as the “applicant”). 
                                                      
1) Law № 368/1992 of Coll., Act on Administrative Fees, as amended. IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 6 
 
 
 
Employee industrial design 
Article 13 
 (1) If the designer creates an industrial de sign to fulfil the task resulting from his 
employment, from membership or other sim ilar relation (thereinafter “employment”), the 
right to the industrial design shall pass to subj ect who ordered the creation of the industrial 
design to the designer (hereinafter referred to as the “principal”), unless it is stipulated 
differently in a contract. The right to  authorship shall remain unaffected. 
 (2) The designer, having created an indus trial design according to paragraph 1, shall 
be obliged to notify immediately his principal on this fact in written form and to give him 
documents necessary to assessi ng of the industrial design. 
 (3) If the principal does not set up a clai m to the industrial design towards designer 
within the period of 3 months from the notif ication on the creation of the industrial design, 
this right shall pass back to the designer. Du ring the aforementioned period, both principal 
and designer shall be obliged to keep secrecy on the industrial design against third persons. 
The principal shall be obliged to keep secrecy on the industrial design one more month from 
the day, when the right to the indus trial design passed to the designer. 
 (4) The designer, having created an indus trial design in employ ment, to which his 
principal has set up a claim, shall be entitled  to reasonable remuneration from the latter. On 
stipulating of the remuneration amount, the be nefit acquired by industrial design using or by 
its other application shall be taken into consideration, as well as the material share of 
principal in the creation of th e industrial design and the scope of assignment to the designer. 
If the already paid remuneration comes into a pparent disproportion with the benefit resulting 
from the later usage or other application of th e industrial design, the designer shall be entitled 
to the additional settlement.  
 
Article 14 
 Rights and obligations, resulting from provisions of paragraph 13 shall remain 
unaffected after the termination of the employment relation betw een principal and designer.  
 
Article 15 
Litigations concerning right to the industrial design 
 (1) Litigations concerning de termination of the right to the industrial design shall be 
decided by courts. 2) 
 (2) It is possible to institute legal proceed ings for determination of entitled applicant 
or holder of the registered indus trial design within th e period of 2 years from the registration 
of the industrial design in the Register; this is  not applied, when the applicant has not act in 
good faith.  
 
                                                      
2) Article 9 paragraph 2c) of the Act № 99/1963 of Coll., Civil Procedure Act as amended.   IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 7 
 
 
Article 16 
Deprivation of protection and assignment 
 (1) On the request, the Office shall depr ive the holder of the industrial design 
protection, if it finds out from the judicial deci sion that the design right in terms of Article 12 
has not belonged to him.  
 (2) Solely the person having the design ri ght based on the judici al decision or his 
successor in title shall be entitled to file the request for the deprivation of the protection in 
terms of paragraph 1. 
 (3) On the request of the person having th e design right in terms of Article 12, the 
Office shall register this person as holder of the industrial design. The proposal for 
assignment the industrial design holder shall be accompanied by the judicial decision. 
 (4) If the proposal for assignment the industrial design holder is not submitted 
according to paragraph 3, the Office shall cancel the industrial design from the Register ex 
officio. 
 
Article 17 
Effects of judgement in litigat ion concerning the design right 
 (1) After the registration of the entitled person into Register according Article 16, 
paragraph 3, licences and other rights granted to originally registered in dustrial design holder 
shall lapse.  
 (2) If the originally re gistered industrial design hol der or third person, having 
acquired of the former the licen ce to exploit the i ndustrial design have commenced or have 
realized serious preparations to exploit this indu strial design before the institution of the legal 
proceedings in terms of Article 15, paragraph 2, they may continue in using the industrial design, providing that they will ask for a non-exclusive licence in usual conditions within the time limit of 2 months from the day, when the entitled industrial design holder notified them 
of the change in the registra tion of industrial design holder. This is not applied, when the 
originally registered industrial design holder or third person ha ving acquired of the former the 
licence to use, have not act in good faith.  
 
Article 18 
 The designer has right to be mentioned in  the application of an  industrial design and 
to be registered in the Register. IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 8 
 
 
Chapter III 
EFFECT OF REGISTERED INDUSTRIAL DESIGN 
 
Article 19 
Rights conferred by the design right upon registration  
 (1) The registration of an industrial desi gn shall confer on its holder the exclusive 
right to use it, to prevent any third party not having his consent from using it, to afford his 
consent to use the industrial design to other pers ons or to assign the design right to them. The 
aforementioned use of an industrial design m eans in particular the making, offering, putting 
on the market, importing, exporting or using of a product in which the de sign is incorporated 
or to which it is applied, or stocki ng such a product for these purposes.  
 (2) Rights conferred by the design right upon registration shall have effects from the 
day of filing of the ap plication. If the industrial design has not been made available to the 
public, his holder can assert his rights from the registration against third persons only in case, 
when the industrial design has not been used in good faith.  
 
Article 20 
Threatened infringement or infringement of the right 
 (1) In case of an unauthorized interferen ce to design right upon registration, its holder 
can claim in court in particular the injuncti on and removal of cons equences of such an 
infringement. If the aforementioned infringement  has caused prejudice, the industrial design 
holder has right to damages. The provisions of Civil Code will be applied to these damages. 
If this infringement has caused immaterial prejud ice, the industrial desi gn holder has right to 
appropriate compensation, which may consist in monetary indemnity.  
(2) The industrial design holder can dema nd that the court orders to threatening 
person or infringer to destroy products, wh ich production or placing on the market would 
menace or infringe right protected by this Act,  or to destroy the material and apparatus 
destined or used exclusively or mainly in act ivities, menacing or infr inging rights protected 
by this Act. The court does not order the destru ction, if the products in question are not in the 
possession of the person, against which the pr oposal is directed or if the menace or 
infringement of the right could be removed otherwise and the dest ruction would not be 
reasonable in comparison with the menace or infringement. 
 
Article 21 
Right to the information 
 The owner of right conf erred by the design right upon  registration has towards 
everybody menacing or infringing his right, the right  to be informed about the origin of the 
product in which the design is in corporated or to which it is  applied, including information 
concerning placing of such produc ts on the market; the court sha ll not adjudicate  the right to 
the information, if it would be disproportional to  the severity of the menace or infringement.  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 9 
 
 
Article 22 
 (1) If the issuing of inte rlocutory order is demanded in matters concerning the 
infringement of the rights conferred by a de sign right upon registration, the court may order 
to submitter to deposit a security, whose amo unt should be sufficient to cover eventual 
indemnification of person, against which the pr oposal is directed, and thus to prevent the 
misusing of the protection granted to the holder of the industrial design.  
 (2) The court competent to ordering the interlocutory order  a) shall order to the submitter to give security in terms of the paragraph 1 by the 7
th day at the 
latest from the submission of the proposal and decides of the proposal for the interlocutory 
order within the period of 7 days at the la test after getting knowledge that the submitter 
has given the security, or 
b) shall decide of the proposal for the interloc utory order within the pe riod of 7 days at the 
latest after its submission. 
 
Article 23 
Limitation of rights conferred by a design right upon registration  
  (1) The rights conferred by a design right  upon registration shall not be exercised in 
respect of: 
a) acts done by third persons for non-commercial purposes, 
b) acts done by third persons for experimental purposes, 
c) acts done by third persons for the purposes of citation or of teaching,  provided that such 
acts are compatible with fa ir trade practice and do not unduly prejudice the normal 
exploitation of the design, and that  mention is made of the source. 
(2) In addition, the rights conferred by a design right upon registration shall not be 
exercised in respect of: 
a) the equipment on ships and aircraft registered  in another country when these temporary 
enter the territory of  the Czech Republic, 
b) the importation of spare parts and accessories  in the Czech Republic for the purpose of 
repairing such craft, 
c) the execution of repairs of such craft. 
 
Article 24 
Exhaustion of rights 
 (1) The rights conferred by a design right  upon registration sha ll not extend to acts 
relating to a product in which the industrial desi gn included within the scope of protection of 
the design right is incorporated or to which it is applied, when the product has been put on the 
market in the Czech Republic by the holder of the design right upon registration or with his 
consent. 
 (2) The rights conferred by a design right  upon registration sha ll not extend to acts 
relating to a product in which the industrial desi gn included within the scope of protection of 
the design right is incorporated or to which it is applied, when the product has been put on the IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 10 
 
 
market in the European Communities by the ho lder of the design right upon registration or 
with his consent. 
 
Article 25 
Right of previous user 
 (1) The rights conferred by a design right upon registration shal l not apply to third 
persons being able to prove that before the date of filing of th e application for registration or 
the date of priority they have commenced or have realized serious preparations to use the 
industrial design included within the scope of protection of the design right upon registration 
on the territory of the Czech Re public, if the used industrial de sign was created independently 
on the registered industrial desi gn. Those persons are authorized to use the industrial design 
during their entrepreneurial activity, in which th e prior use has been realized or prepared. 
 (2) The right of previous user cannot be tr ansferred separately from the enterprise or 
its part, to which it relates.  
 
Chapter IV 
LAPSE AND CANCELLATION OF INDUSTRIAL DESIGN 
 
Article 26 
Extinction of a right conferred by a design right upon registration  
 The right conferred by a design ri ght upon registration shall lapse, 
a) if the time of protection has expired, or 
b) if the holder of the design righ t surrenders it; in this case the right shall lapse on day, 
when this fact is registered in the Register. If  the rights of third pers ons are attached to the 
industrial design, the Office shall not indicate the lapse of the indust rial design until it 
obtains from the holder of the design right the evidence that these third persons have been 
informed on this intention by the holder of th e design right. 
 
Cancellation of industrial design 
Article 27 
 (1) The Office shall cancel the register ed industrial design in the Register, 
a) if the industrial design does not  correspond to the definition of industrial design within 
the meaning of Article 2, or 
b) if the industrial design does not fulfil the requirements posed on it in terms of Articles 3 
to 8 of this Act, or 
c) if its holder is not entitled to this industrial design in terms of Article 12, or 
d) if the industrial design has been already prot ected in the Czech Republic by a registered  
industrial design with prio r right of priority, or 
e) if in the industrial design a distinctive sign is used, which before creation of the right of 
priority confers on the right holder of the sign the right to prohibit such use, or  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 11 
 
 
f) if the design constitu tes an unauthorised use of work protected under the copyright, or 
g) if the design constitutes an improper use of any of the items listed in Article 6 ter of the 
Paris Convention for the Protection of I ndustrial Property (thereinafter: “Paris 
Convention”)3) or of another symbolic signs, flags, escutcheons other than those covered 
by Article 6 ter of the Paris C onvention, which are of particul ar public interest in the 
Member State concerned.  
 
(2) The proposal for cancellation according to  paragraph 1 (c) may be filed solely by 
the person who on the basis of judicial decision is entitled to filing of the application for 
industrial design registration in terms of Article 12. 
(3) The proposal for cancellation according to paragraph 1 (d-f) may be filed solely by 
the person whose rights have been affected  
(4) The grounds provided for in paragraph 1 (g) may be invoked solely by the person 
or entity concer ned by the use.  
(5) If the registered industri al design is to be cancelle d according para graph 1 (b) or 
(e-g),  it can be cance lled also partially.  
(6) If the submitter proves the legal interest , the cancellation in the Register may be 
executed even after it has become extinct. 
 
Article 28 
 The cancellation of a registered industrial design in the Register shall have the same 
effects, as if the industrial design ha s not been register ed into Register. 
 
Article 29 
 (1) The proposal for cancellation of the re gistered industrial design in the Register 
shall be filed with the Office in written form. The proposal for cancellation shall be founded 
and at the same time, the items of evidence, on which it is based, must be presented. The grounds for the cancellation, inclusive denomina tion of evidences invoked by it, cannot be 
additionally changed.  
 (2) The Office shall invite the holder of the design right to express his opinion to the 
proposal within stipulated time limit.  
 (3) If the holder of  the design right does not express his opinion to the proposal for 
cancellation, it shall not represent an obstacle to  the decision on the propo sal for cancellation. 
                                                      
3) Paris Convention for the Protection of Industrial Property of 20 March 1 883, revised in Brussels 14 December 
1900, in Washington 2 June 1911, in Haag 6 November 1925, in London 2 June 1934, in Lisbon 31 October 
1958, and Stockholm 14 July 1967, published under the number 64/1975 of Coll.”. 
 IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 12 
 
 
Chapter V 
REGISTERED INDUSTRIAL DESI GN AS OBJECT OF PROPERTY 
 
Article 30 
Transfer of rights to regi stered industrial design  
 (1) The rights to registered industrial desi gn shall be transferred by a written contract, 
entering into force towards third persons by th e registration into the Register of industrial 
designs. 
 (2) Until the denotation of the transfer in the Register, the legal successor cannot 
against third persons invoke rights c onferred by a design right upon registration. 
 
Article 31 
 (1) The registered industrial design may be subject of the right of lien. The right of 
lien is created by the registration into the Register. 
 (2) The registered industrial design may be  subject of the execu tion of the decision. 
 
Article 32 
Licence 
 (1) The consent (licence) to use of a regi stered industrial design shall be granted by a 
licence contract. 
 (2) The licence may be either  exclusive, or non-exclusive. 
 (3) The licence contract shal l come into force against third persons by the registration 
into the Register of industrial designs. 
 (4) The provisions of Civil Code shall be  applied to licence contracts and relations 
caused by them. 
 
Article 33 
Co-property of industrial design 
 (1) If rights conferred by a design right upon registrati on belong to several persons 
(thereinafter: “co-proprietors”), the relations between them shall be governed by regulations 
on co-ownership.  
 (2) Unless otherwise agreed between co-propr ietors, each of them shall be entitled to 
exploit the industrial design.  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 13 
 
 
 (3) Unless otherwise agreed, the consent of a ll co-proprietors shall be necessary to the 
valid conclusion of a licen ce contract. Each of co-proprietors  shall be entitled to set up a 
claim from infringement of men ace of design rights separately.  
 (4) The consent of all co-proprietors shall be necessary to the transfer of the rights to 
registered industrial design. The co-proprietor sha ll be entitled to tran sfer his share without 
consent of others only to some of co-proprieto rs; he can transfer his share to a third person 
only in case, when none of  co-proprietors accepts the written offer of transfer  within the time 
limit of one month. 
 
Chapter VI 
PROCEDURE ON APPLICATION OF INDUSTRIAL DESIGN 
 
Article 34 
 The application of an industrial design sha ll be filed with the Office in written form. 
 
Article 35 
Application of industrial design 
 (1) To create the right of priority, the app lication of industrial design shall contain the 
following items: 
a) request for the registration of an industrial design to the Register, 
b) name and surname or commercial firm of the applicant and the address of the permanent 
residence of place of bu siness, if the applicant is an i ndividual, and trad e name or name 
and registered office, if the applicant is a corporation, 
c) representation of each industrial design, which registration is demanded in the 
application, from which the principle of  the industrial design can be unambiguously 
recognized and which can be reproduced. 
(2) The application shall furthermore contain: 
a) name of the i ndustrial design, 
b) designation of a product, in whic h the industrial design is incor porated or to which it is 
applied, inclusive its classification according to  classes of the international classification 
of industrial designs4), 
c) name and surname of the designer, or a de claration of applican t that the designer 
abandons his right to be mentioned. 
(3) The application shall furthermore contain: 
a) description explaining the representation, 
b) application for the deferment of publication of  the industrial design according to Article 
38, paragraph 4. 
                                                      
4) The Convention of Locarno on the Establishment of International Classification of Industrial Designs 
and Models, signed at Locarno, 8 October 1968, published sub № 28/1981 of Coll., amended by the Decree № 
85/1985 of Coll.  IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 14 
 
 
(4) The application may contain request for the registration of one industrial design 
(simple application of industrial design) or re quest for the registration of several industrial 
designs (multiple application of industrial desi gn). With the exception of industrial designs 
consisting in decoration, the multiple applicat ion of industrial design may concern only 
industrial designs included in one class of the international classification of industrial 
designs. 
(5) The multiple application of industrial de sign shall contain the list of industrial 
designs, which registration is requested. 
(6) The data, contained in the application of  industrial design, mentioned in paragraph 
2 (a and b) and in paragraph 3 (a) shall have no  influence to the scope of protection resulting 
from the industrial design in itself.  
 
Article 36 
Right of priority 
 (1) The right of priority originates to the applicant on the day of filing of the 
application of the industrial design, provided th at the application contains all requirements 
mentioned in Article 35, paragraph 1. 
 (2) The applicant shall claim the right of priority resulting from the Paris Convention3) 
within the time limit of one m onth from the filing of the applic ation and prove this right on 
invitation of the Office in the delay stipulated by them, otherwise the Office shall not take it 
into consideration.  
 (3) The right of priority a ccording to paragraph 2 may be claimed from the application 
of the industrial design demanding the prot ection in the Member State of the Paris 
Convention or of the World Trade Organisation; if the state, wher e the first application of the 
industrial design is filed,  is neither a contractual party of  the Paris Convention, nor a member 
of the World Trade Organisation, the right of priority  from this presentation can be awarded 
only on condition of the reciprocity. 
 
Article 37 
Examination of applicatio n of industrial design 
 (1) The Office shall submit the application to the examination. 
 (2) If the application does not contain the requirements mentioned in Article 35, 
paragraph 1 and 2, the Office shall invite th e applicant to remedy the faults within the 
stipulated period. 
 (3) If the faults concern the requirements  mentioned in Article 35, paragraph 1, which 
the applicant has removed with in the stipulated period, the day, when this correction was 
submitted shall be considered as the filing date. Otherwise, the application shall be 
considered as non-presented. 
 (4) If the applicant does not remove the fa ults mentioned in Article 35, paragraph 2 
within the stipulated period, the Office shall terminate the proceedings on application of 
industrial design.  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 15 
 
 
 (5) Until the registration in the Register, th e applicant is entitled to split the multiple 
application of industrial design. The right of priority from th e original application shall 
remain preserved even for spl it applications, provided that they contain only industrial 
designs mentioned in the original application.  
 (6) If an industrial design according paragraph 2 is not subj ect of the application, or if 
the industrial design does not fu lfil requirements in terms of Ar ticles 3 to 5 and 7 to 9, the 
Office shall reject the applicati on. Before the rejection, the oppor tunity must be afforded to 
the applicant to express his opinion to reasons , for which the applica tion should be rejected. 
 
Article 38 
Registration of industria l design into Register 
 (1) If facts mentioned in Articles 3 to 5, 7 to 9 do not inhib it it, the Office shall 
register an industrial design a nd issues a certificate on the re gistration to the applicant. 
 (2) Simultaneously with the registration of industrial design into Register, the Office 
shall make the registered industria l design available to the public. 
 (3) The Office shall publish th e registration of industrial de sign into Register in the 
Bulletin of the Industrial Property Office (herei nafter referred to as the “Bulletin”).  
 (4) In case when in the application the applicant has demanded an deferment of the 
industrial design publishing, not exceeding 30 days after the date of fili ng of the application 
or the date of priority, the Office shall make the registered industrial design available to the 
public not before the lapse of the demanded pe riod; together with the notification of the 
registration in terms of paragraph 3, the Offi ce shall notice the deferment of the industrial 
design publishing. 
 (5) The legal proceedings for the infringe ment of rights conferred by the design right 
before the registration may be  commenced only under conditions that the person, against 
which the legal action is instituted, has been give n informations contained in the Register and 
in the document concerning the app lication of the i ndustrial design. 
 
Article 39 
Register and data on industrial designs published in the Bulletin 
 (1) The Office shall keep the Register of industrial designs, in which it shall record 
the decisive data concerning registered industrial designs. 
 (2) Namely the following items concerni ng each industrial design shall be recorded 
into Register: 
a) number of registra tion (certificate), 
b) date of registration, 
c) date of publication of  industrial design, 
d) name of industrial design and in case of mu ltiple application of industrial designs their 
number, 
e) date of filing of application and its reference mark, 
f) denomination of a product in which the design is  incorporated or to which it is applied, 
inclusive its classification according to correspondent cl asses of the international IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 16 
 
 
classification of industrial designs 4) and in case of an industrial design, registered on basis 
of a multiple applic ation of industrial designs their list, 
g) applicant of the industrial design (name and surname, commercial firm or name), his 
residence (headquarters), or his representative, 
h) holder of the industrial desi gn (name and surname, commercial firm or name), his 
residence (headquarters), or his representative, 
i) designer, 
j) assignment of the industrial design, 
k) licence, 
l) cancellation of the industria l design in the Register, 
m) deprivation or assignment of protection , 
n) beginning and termination of the right of  lien concerning the industrial design, 
o) renewal of the period of protec tion of the industrial design  
p) extinction of protection. 
 
(3) The Office publishes in th e Bulletin facts concerning the registered industrial 
designs and other data concerni ng the protection of industrial designs, as well as official 
notifications and decisions of fundamental character.  
 
Chapter VII 
 
PROVISIONS ON PROCEDURE 
 
Article 40 
Administrative procedure 
 (1) The Administrative Procedure Code a pplies for procedures on the Office, with 
exceptions alleged in this Act and with th e exception concerning the discontinuance of 
procedure, declaration on word of honour, de lays for decisions and measures against 
inactivity. 5) The procedure on the Office is conducted in Czech language.  
 (2) For the acts related with the procedure in terms of this Act, the Office collects 
administrative fees according to special legal regulation.1) 
 (3) The applicant is obliged to deposit a security for procedure costs, which shall be 
refunded, if during procedure it shall be proved that the proposal for beginning of the 
administrative procedure has been justified. The security amounts to 2.500,- K č.  
 
                                                      
5) Article 29, 39, 49 and Article 50 of the Law № 71/1967 of Coll., Administrative Procedure Code, as 
amended.  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 17 
 
 
Article 41 
Termination of procedure 
 (1) If the party to the procedure does not sa tisfy the invitation appeal of the Office, the 
latter may stop the procedure; the party to th e procedure shall be no ticed to this fact. 
 (2) The Office may stop the procedure also on the proposal of the party; the proposal 
for the termination of proce dure cannot be withdrawn.  
 
Article 42 
Excuse of time limit 
 (1) The Office shall excuse of failure to comply with a time limit on legitimate 
ground, if the party so requests within 2 months of  the day, when the obstacle for failure to 
comply has ceased to exist, provided that th e omitted act has been performed within that 
period.  
 (2) Failure to comply with a time limit may not be excused after expiry of one year 
from the day, when the act should have been pe rformed, for claiming the right of priority, as 
well as for filing a request for the deferment of  publication  (Article  35, paragraph 3(b)). 
 (3) Rights of third persons acquired during the period from the failure to comply with 
the time limit until its excu se shall remain unaffected.  
 
Article 43 
Inspection of files 
 (1) The Office shall enable the inspection of files to third persons only when they 
prove the legal interest. Before  the registration of an industr ial design to the Register, only 
following data may be communicated: who is de signer, applicant of the industrial design, 
data concerning the right of priority, name of  industrial design application and its reference 
mark. 
 (2) If the publication of an industrial de sign was deferred, after the registration and 
before the publication of the i ndustrial design, the Office allows the inspection of files only to 
person, designated by the holder of the industrial design as the infringe r of the design right. 
  
Article 44 
Appeal procedure 
 (1) Within the time limit of one month afte r the delivery of the decision, an appeal can 
be submitted against this decision of the Office,  except the decision on excuse of time limit in 
terms of Article 42. 
 (2) The appeal shall be deci ded by president of the Office on the basis of the proposal 
of a special commi ssion, set up by him. 
 
Article 45 IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 18 
 
 
Representation 
 Persons, which have not the place of reside nce or headquarter on the territory of the 
Czech Republic, must be in the procedure on the Office represented by a patent attorney or solicitor. 
6) 
 
Chapter VIII 
 
FINAL AND TRANSITIONAL PROVISIONS  
 
Article 46 
Transitional provisions 
 (1) Applications of industri al designs not having been decided before this Act came 
into force shall be processed according to th is Act. The fulfilment of conditions of the 
registration of industrial design in to the Register shall be judged  according to the Act in force 
at time of filing of  the application. 
 (2) Relations issued from the design right  upon registration before this Act came into 
force shall conform to the provisions of this Act. The origin of these relations, as well as 
claims issued from them are nevertheless judged according regulations in force at time of their origin.  
 (3) Determining procedures commenced before this Act came into force, shall be 
terminated in accordance with  the hitherto regulations.  
 (4) The treatment with industrial designs, concealed in accordan ce with the hitherto 
regulations, shall conform to  the hitherto regulations. 
 
Article 47 
Final provisions 
 (1) Provisions of the Civil Code shall be r easonably applied to matte rs unstipulated by 
this Act. 
 (2) Provisions of the Commercial Code sh all be applied to the licence contract. 
 
                                                      
6) Law № 237/1991 of Coll., Act on Patent Attorneys, as amended by Law № 14/1993 of Coll. 
    Law № 85/1996 of Coll., Act on Advocacy, as amended by Law № 210/1999 of Coll. 
  IP/N/1/CZE/D/1 
 IP/N/1/CZE/I/1/Add.2  Page 19 
 
 
PART TWO 
 
Amendment to Act № 527/1990 of Coll., on Invent ions, Industrial Designs 
and Rationalization Proposals as amended 
 
Article 48 
 
The Law № 527/1990 of Coll., Act on Inventions, I ndustrial Designs and Rationalization 
Proposals, as amended by the Law № 519/1991 of Coll. and Law № 116/2000 of Coll. is 
amended as follows: 
 1. In the name of the Act, the word s “, Industrial Designs” are deleted. 
 2. In Article 1, the words “I ndustrial Designs” are deleted. 
 3. Part Two is deleted.  4. In Article 63, paragraph 2, th e numeral “62” is deleted. 
 5. Article 66, inclusive the title reads as follows: 
“Article 66 
Inspection of files 
 (1) The Office shall enable the inspection of files to third persons only when they 
prove the legal interest. Before the publishing of an industrial design, only following data 
may be communicated: who is author of the i nvention, applicant of  the invention, data 
concerning the right of priority, name of applic ation of the invention and its reference mark.”. 
  6. In Article 67, paragraph 1, the words “or if external design of a product, 
represented or described in the application comes under the scope of specific industrial 
design” are deleted. 
 7. In the title of Article 69, the words “R egister of industrial designs” are deleted. 
 8. In Article 69, paragr aph 1 reads as follows: 
 (1) The Office keeps the Register of patent s, in which it registers the decisive data 
concerning applications of inve ntions, procedures on them and decisive data on granted 
patents.”. 
 9. In Article 69, paragraph 2, the words “and registered industrial designs” are 
deleted. 
 10. In Article 70, the words “and applicati ons of industrial designs” are deleted. 
 11. In the title of Article 71, the word s “and industrial designs” are deleted. 
 12. In Article 71, the words “and industrial designs” are deleted.  13. In Article 72, paragraph 2, the words “or from the registered industrial design” are 
deleted. 
 14. . In Article 75, paragraph 2, the wo rds “of industrial design” are deleted. 
 IP/N/1/CZE/D/1 
IP/N/1/CZE/I/1/Add.2 Page 20 
 
 
PART THREE 
 
 ENTRY INTO FORCE 
 
Article 49 
 This Act shall enter into force on 1st October 2000, except Arti cle 24, paragraph 2, 
which shall enter into force on the date, when  the Agreement of Accession of the Czech 
Republic to the European Union shall enter into force.  
 
__________ 
 
 