WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/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 RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
CZECH REPUBLIC
By means of a communication from its Permanent 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, IndustrialDesigns and Rationalization Proposals, as amended, which entered into force on 1 October 2000, exceptArticle 24(2).  (Act. No. 527/1990 has been distributed in document IP/N/1/CZE/I/1.)
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
RÉPUBLIQUE TCHÈQUE
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 texte
1 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 oumodèles industriels et les propositions de rationalisation, 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 NOTIFICADOS 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 Protección de los Dibujos y Modelos Industriales y de enmienda de la Ley Nº 527/1990 de
Invenciones, Dibujos y Modelos Industriales 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 (hereinafter  referred to as the “Office”) shall enter
into Register the industrial designs fu lfilling 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 affected by provisions of this Act.
Article 2
Definitions
For the purpose of this Act
a) industrial design means the appearance of the whole or a part of a product resulting from
the features of, in particular the lines, contour s, colours, shape, texture and/or materials of
the product itself and/or  its ornamentation,
b) product means any industrial of handicraft item, including part s intended to be assembled
into a complex product, packaging, get-up, graphic symbol and typographic 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 industr ial design by his own creative activity, co-
designer is a person, which has participated  on the creative activity, during which the
industrial design has been created.IP/N/1/CZE/D/1
IP/N/1/CZE/I/1/Add.2
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Article 3
Conditions of the protection
(1) An industrial design sha ll be protected, if it is new and has individual character.
(2) An industrial design applied to or in corporated in a product, which constitutes a
component part of a complex product, shall only be consider ed 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 th e component fulfil in themselves  the requirement of the novelty
and individual character.
(3) Normal use within the meaning of paragraph 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 identical design has been made
available to the public before the date of filing of the application for registration or the date ofpriority. Industrial designs shall 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 the overall impression produced on such a user byany industrial design, which has been made availa ble 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  industrial design, the degree of freedom of
the designer in developing design shall be taken in to consideration.
Article 6
Disclosure
(1) For the purpose of assessing according Ar ticles 4 and 5, an indus trial design shall
be deemed to have been made available to the public if it has been published followingregistration or exhibited, used in trade or othe rwise disclosed. The indus trial design shall not,
however, be deemed to have been made available to the public in case, when it has beendisclosed 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
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(2) A disclosure shall not be taken into considerati on for the purpose of applying
Articles 4 and 5 if an industr ial design for which protecti on is claimed has been made
available to the public by the designer, his successor in title or a third person as a result ofinformation provided or action taken by the designer or his successor in title, and this during12-months period preceding the date of filing of the application for registration or the date ofpriority.
(3) Provisions of the paragraph 2 shall al so apply if the design has been made
available to the public as a consequence of an abuse of relation to the designer or hissuccessor in title.
Article 7
Industrial designs dictated by  their technical function a nd designs of interconnections
(1) In assessing the capability of an industria l design to be registered, the features,
which are solely dictated by its technica l function, are not taken into consideration.
(2) In assessing the capability of an industria l design to be registered, the features,
which must necessarily be reproduced in exact form and dimensions, in order to permit theproduct, 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 f unction, shall not be take n into consideration.
(3) Provisions of the paragraph 2 shall not  apply if the purpose of the industrial
design, fulfilling otherwise cond itions of Articles 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 an y industrial design be ing 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 registered in the Czech republic.
Article 10
Scope of protection
(1) The scope of the protection shall be gi ven by the representation of the industrial
design as it is registered (Article 38) except features being predestined by the technicalfunction of the design, or which must nece ssarily be reproduced in exact form and
dimensions, in order to permit th e product, in which 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 sc ope of the protection includesIP/N/1/CZE/D/1
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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 ye ars from the date of
filing of the application.
(2) The holder of a registered industrial desi gn can repeatedly renew this period of the
protection, scilicet each time for a period of 5 ye ars, up to a total term of 25 years from the
date of filing of the applica tion of the industrial design.
(3) The request for renewing can be submitted during the last year of the
correspondent 5 years period, at latest on the da y, 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 administrative fee according to the special 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, heis 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 demanded am ount, the protection of an
industrial design expires on the date, when, according 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 scope corresponding to his
participation in the creati on of the industrial design.
(2) The application of the industrial design 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 similar relation (thereinafter “employment”), theright to the industrial design shall pass to s ubject who ordered the creation of the industrial
design to the designer (hereinafter referred to as the “principal”), unless it is stipulateddifferently in a contract. The right to  authorship shall remain unaffected.
(2) The designer, having created an industr ial design according to paragraph 1, shall
be obliged to notify immediately his principal on this fact in written form and to give himdocuments necessary to assessi ng of the industrial design.
(3) If the principal does not set up a claim to the industrial design towards designer
within the period of 3 months from the notifi cation on the creation of the industrial design,
this right shall pass back to the designer. During 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 secrec y on the industrial design one more month from
the day, when the right to the industrial design passed to the designer.
(4) The designer, having created an indus trial design in employment, to which his
principal has set up a claim, shall be entitled to reasonable remuneration from the latter. Onstipulating of the remuneration amount, the bene fit acquired by industria l design using or by
its other application shall be taken into consideration, as well as the material share of
principal in the creation of the 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 the industrial design, the de signer 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 employ ment relation between pr incipal and designer.
Article 15
Litigations concerning righ t to the industrial design
(1) Litigations concerning determination of the right to the industrial design shall be
decided by courts. 
2)
(2) It is possible to institute legal proceedings for determination of entitled applicant
or holder of the registered industrial design w ithin the 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 decision 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 judicial decision or his
successor in title shall be entitled to file the request for the deprivation of the protection interms 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 sha ll 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 exofficio.
Article 17
Effects of judgement in litigation 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 industrial design holder
shall lapse.
(2) If the originally registered industrial design holder or third person, having
acquired of the former the licence to exploit the industrial design ha ve commenced or have
realized serious preparations to exploit this i ndustrial design before th e 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-ex clusive 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 registration of industrial design holder. This is not applied, when the
originally registered industrial design holder or  third person having 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 design  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 hisconsent to use the industrial design to other pers ons or to assign the design right to them. The
aforementioned use of an industrial design mean s in particular the making, offering, putting
on the market, importing, exporting or using of a product in which the design is incorporated
or to which it is applie d, or stocking 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 application. If the industria l design has not been made available to the
public, his holder can assert his rights from th e 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 injunc tion and removal of cons equences of such an
infringement. If the aforementioned infringemen t 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 prej udice, the industrial design holder has right to
appropriate compensati on, which may consist in  monetary indemnity.
(2) The industrial design holder can demand that the court orders to threatening
person or infringer to destroy products, whic h production or placing on the market would
menace or infringe right protected by this Act, or to destroy the material and apparatusdestined or used exclusively or mainly in activities, menacing or infringing rights protectedby 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 destruction would not be
reasonable in comparison with the menace or infringement.
Article 21
Right to the information
The owner of right conferred by the de sign right upon registration has towards
everybody menacing or infringing his right, the right to be informed about the origin of theproduct in which the design is incorporated or to which it is applied, including information
concerning placing of such products on the mark et; the court shall 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 interlocutory orde r 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 am ount 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 7th 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 period 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 righ t 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 fair trade pr actice 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 shall not extend to acts
relating to a product in which th e industrial design included with in 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 shall not extend to acts
relating to a product in which th e industrial design included with in the scope of protection of
the design right is incorporated or to which it is applied, when the product has been put on theIP/N/1/CZE/D/1
IP/N/1/CZE/I/1/Add.2
Page 10
market in the European Communities by the holder 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 shall not apply to third
persons being able to prove that before the date of filing of the application for registration orthe 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 Republic, if the us ed industrial design wa s created independently
on the registered industrial design. Those persons  are authorized to use the industrial design
during their entrepreneurial activity, in which the 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 right upon registration shall lapse,
a) if the time of protection has expired, or
b) if the holder of the design right surrenders it; in this case the right shall lapse on day,
when this fact is registered in the Register. If the rights of third persons are attached to theindustrial design, the Office shall not indicat e the lapse of the industrial design until it
obtains from the holder of the design right the evidence that these third persons have beeninformed on this intention by the holder of the design right.
Cancellation of industrial design
Article 27
(1) The Office shall cancel the registered  industrial design in the Register,
a) if the industrial design does not correspond to  the definition of i ndustrial design within
the meaning of Article 2, or
b) if the industrial design does not fulfil the re quirements posed on it in  terms of Articles 3
to 8 of this Act, or
c) if its holder is not entitled to this indus trial design in te rms of Article 12, or
d) if the industrial design has been already pr otected in the Czech Republic by a registered
industrial design with prior 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, orIP/N/1/CZE/D/1
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Page 11
f) if the design constitutes an unauthorised us e 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 Convention, which are of partic ular 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 forindustrial design registrati on 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 concerned by the use.
(5) If the registered industrial design is to be cancelled according paragraph 1 (b) or
(e-g),  it can be canc elled 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 de sign in the Register shall have the same
effects, as if the industrial design ha s not been registered into Register.
Article 29
(1) The proposal for cancellation of the regi stered industrial design in the Register
shall be filed with the Office in written form . The proposal for cance llation shall be founded
and at the same time, the items of evidence, on which it is based, must be presented. Thegrounds for the cancellation, inclusive denomin ation 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 proposal for cancellation.
                                                     
3) Paris Convention for the Protection of Industrial Property of 20 March 1883, 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
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Chapter V
REGISTERED INDUSTRIAL DESIGN AS OBJECT OF PROPERTY
Article 30
Transfer of rights to reg istered industrial design
(1) The rights to registered industrial design  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 conferred 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 execution of the decision.
Article 32
Licence
(1) The consent (licence) to use of a register ed industrial design shall be granted by a
licence contract.
(2) The licence may be either exclusive, or non-exclusive.
(3) The licence contract shall 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 registration 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-proprietors, each of them shall be entitled to
exploit the industrial design.IP/N/1/CZE/D/1
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Page 13
(3) Unless otherwise agreed, the consent of all co-proprietors shall be necessary to the
valid conclusion of a licence contract. Each of co-proprietors shall be entitled to set up aclaim from infringement of menace 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 shall 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 timelimit 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 applic ation of industrial desi gn 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 business, if the appli cant is an individual, and trade name or name
and registered office, if the applicant is a corporation,
c) representation of each industrial desig n, which registration is demanded in the
application, from which the principle of th e industrial design can be unambiguously
recognized and which can be reproduced.
(2) The application shall furthermore contain:
a) name of the industrial design,
b) designation of a product, in wh ich the industrial design is in corporated or to which it is
applied, inclusive its classification according to classes of the international classificationof industrial designs
4),
c) name and surname of the designer, or a de claration of applicant 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
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(4) The application may contain request fo r the registration of one industrial design
(simple application of industria l design) or request for the re gistration of several industrial
designs (multiple application of  industrial design). With the exception of industrial designs
consisting in decoration, the multiple applica tion of industrial design may concern only
industrial designs included in one class of the internationa l 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 resultingfrom 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 de sign, provided that the applica tion contains all requirements
mentioned in Artic le 35, paragraph 1.
(2) The applicant shall claim the right of priority resulting from the Paris Convention
3)
within the time limit of one month from the filing of the application and prove this right on
invitation of the Office in the delay stipulated by them, otherwise the Office shall not take itinto consideration.
(3) The right of priority according 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, where 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 pr iority 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 the applicant to remedy th e faults within the
stipulated period.
(3) If the faults concern the requirements mentioned in Article 35, paragraph 1, which
the applicant has removed within the stipulat ed period, the day, when this correction was
submitted shall be considered as the filing date. Otherwise, the application shall beconsidered as non-presented.
(4) If the applicant does not remove the fa ults mentioned in Ar ticle 35, paragraph 2
within the stipulated period, the Office sha ll terminate the proceedings on application of
industrial design.IP/N/1/CZE/D/1
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(5) Until the registration in the Register, the applicant is entitled to split the multiple
application of industria l design. The right of priority from  the original application shall
remain preserved even for split applications , provided that they contain only industrial
designs mentioned in th e original application.
(6) If an industrial design according paragra ph 2 is not subject 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 application. Before the rejection, the opportunity must be afforded to
the applicant to express his opinion to reasons, for which the application should be rejected.
Article 38
Registration of industrial design into Register
(1) If facts mentioned in Articles 3 to 5, 7 to 9 do not inhibit it, the Office shall
register an industrial design and issues a ce rtificate on the registration 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 the registration of  industrial design into Register in the
Bulletin of the Industrial Property Office (her einafter 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 filing of the application
or the date of priority, the Office shall make th e 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 infringement 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 given informations contained in the Register andin the document concerning the app lication of the industrial 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 concerning  each industrial design shall be recorded
into Register:
a) number of registration (certificate),
b) date of registration,
c) date of publication of  industrial design,
d) name of industrial desi gn and in case of multiple appli cation of industrial designs their
number,
e) date of filing of application and its reference mark,
f) denomination of a product in wh ich the design is incorporated  or to which it is applied,
inclusive its classification according to co rrespondent classes of the internationalIP/N/1/CZE/D/1
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classification of industrial designs 4) and in case of an industrial design, registered on basis
of a multiple application of industrial designs their list,
g) applicant of the industrial design (name a nd surname, commercial firm or name), his
residence (headquarters), or his representative,
h) holder of the industrial design (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 industrial design in the Register,
m) deprivation or assign ment of protection ,
n) beginning and termination of the right of  lien concerning the industrial design,
o) renewal of the period of prot ection of the industrial design
p) extinction of protection.
(3) The Office publishes in the Bulletin fa cts concerning the registered industrial
designs and other data concerning the protec tion 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 applies for procedures on the Office, with
exceptions alleged in this Act and with the exception concerning the discontinuance ofprocedure, 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
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Article 41
Termination of procedure
(1) If the party to the procedure does not satis fy the invitation appeal of the Office, the
latter may stop the procedure; the party to th e procedure shall be noticed to this fact.
(2) The Office may stop the procedure also on the proposal of the party; the proposal
for the termination of procedure 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 tocomply 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  (Artic le 35, paragraph 3(b)).
(3) Rights of third persons acquired during the period from the failure to comply with
the time limit until its excuse 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 industrial design to the Register, only
following data may be communicated: who is designer, applicant of the industrial design,
data concerning the right of priority, name of  industrial design applic ation and its reference
mark.
(2) If the publication of an industrial desi gn 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 infringer of the design right.
Article 44
Appeal procedure
(1) Within the time limit of one month after the delivery of the de cision, an appeal can
be submitted against this decision of the Office, except the decision on excuse of time limit interms of Article 42.
(2) The appeal shall be decided by presiden t of the Office on the basis of the proposal
of a special commission, set up by him.
Article 45IP/N/1/CZE/D/1
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Representation
Persons, which have not the place of residence or headquarter on the territory of the
Czech Republic, must be in the procedure on th e Office represented by a patent attorney or
solicitor. 6)
Chapter VIII
FINAL AND TRANSITIONAL PROVISIONS
Article 46
Transitional provisions
(1) Applications of industrial 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 into 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 asclaims issued from them are nevertheless judged according regulations in force at time oftheir origin.
(3) Determining procedures commenced befo re this Act came into force, shall be
terminated in accordance with the hitherto regulations.
(4) The treatment with industrial designs, concealed in accordance with the hitherto
regulations, shall conform to the hitherto regulations.
Article 47
Final provisions
(1) Provisions of the Civil Code shall be reasonably applied to matters unstipulated by
this Act.
(2) Provisions of the Commercial Code sha ll 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
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PART TWO
Amendment to Act № 527/1990 of Coll., on Inventions, Industrial Designs
and Rationalization Pr oposals as amended
Article 48
The Law № 527/1990 of Coll., Act on Inventions, In dustrial Designs a nd 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 “In dustrial 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 invention, applicant of the invention, data
concerning the right of priority, name of appli cation of the invention and its reference mark.”.
6. In Article 67, paragraph 1, the words “o r if external design of a product,
represented or described in th e application comes under the scope of specific industrial
design” are deleted.
7. In the title of Article 69, the words “Reg ister of industrial designs” are deleted.
8. In Article 69, paragraph 1 reads as follows:(1) The Office keeps the Register of patents, in which it registers the decisive data
concerning applications of i nventions, procedures on them and decisive data on granted
patents.”.
9. In Article 69, paragraph 2, the words “a nd registered industrial designs” are
deleted.
10. In Article 70, the words “and applicati ons of industrial de signs” are deleted.
11. In the title of Article 71, the words “and industrial designs” are deleted.
12. In Article 71, the words “and i ndustrial 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 word s “of industrial design” are deleted.IP/N/1/CZE/D/1
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PART THREE
 ENTRY INTO FORCE
Article 49
This Act shall enter into force on 1st October 2000, except Article 24, paragraph 2,
which shall enter into force on the date, when the Agreement of Accession of the CzechRepublic to the European Union shall enter into force.
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