WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
~ouncil for Trade-Related Aspects 
of Intellectual Property Rights IJl/~/l/~~~/I/3 
30 April 1996 
(96-1649) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Czech Republic 
The present document reproducesl the Act on Utility Models, No. 478 of24 September 1992, 
as notified by the Czech Republic under Article 63.2 of the Agreement (see document IP/N/l/CZE/l). 
~onseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Republique tcheque 
Le present document contient le textel de la Loi n° 478 du 24 septembre 1992 sur les modeles 
d'utilite, notifiee par la Republique tcheque au titre de I'article 63:2 de l' Accord (voir le document 
IP/N/l/CZE/1). 
~onsejo de los Aspectos de los Derechos de Propiedad 
IntelectuaI relacionados con el ~omercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Republica Checa 
En el presente documento se reproducel la Ley de modelos de utilidad, N° 478, de 24 de 
septiembre de 1992, notificada por la Republica Checa en virtud de 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/l/CZE/1). 
IEnglish only/anglais seulement/ingIes solamente. IP/N/lICZE/I/3 
Page 2 
Czechoslovakia 
Law on Utility Models 
(No. 478 of September 24, 1992) 
The Fede~al Assembly of the Czech and Slovak=ede~al Republic 
passed the following law: 
Basic P~ovisions 
1. Technical solutions which are new, exceed the framework of mere profe­
ssional skill" and are industrially applicable shall be protected as 
a utility model. 
2. According to the present Law the following shall not be deemed to be 
technical solutions: 
a) discoveries, scientific theories and mathematical methods, 
b) mere exterior modifications of products, 
c) plans, rules and methods of performing intellectual activities, 
d) computer software, 
e) mere statement of an information. 
3. Utility models cannot be used for.protecting the following: 
a) technical solutions which are at variance wit~ the general interest, 
particularly the principles of humanity and public morality, 
b) plant varieties, animal breeds as well as biological reproductive 
materials, 
c) production processes or work activities. 
4. (1) A technical solution is new if it is not part of the state of 
t.~e art. 
(2) ~~e state of the art for ~~e pur;oses of the pr.esent law is deemed 
to be everything which has been published prior to the date on which 
the applicant claimed t~e right 0= priority (see Sec~ion 9). IP/NIlICZE/I/3 
Page 3 
(3) The state of the ar~ is not suc~ publication of ~he applicant~s 
work or that of his legal predecessor ·which took place not less 
than six ~onths before filing an application for a utility model. 
5. A technical solution is indust=ially realisable if it can be used 
repeatedly in economic activities. 
6. (1) The author or his legal suc=essor holds the right for protection 
by a utility model. 
(2) The author is the person who has made the utili~y model by means 
of his own creative work. 
7. Utility models are registered by the Federal Office for Inventions 
(hereinafter referred to as "the Office ") in the Utility Model Regis ter 
(hereinaf~er referred to as "the Register"). 
Application and Registration of 
a Utility Mode 1 
8. (1) Registration of a utility model requi=es the filing of a written 
application for a utility model (hereinafter referred to as "App~i-· 
cation") wit..~ the Office. 
(2) An application for a utility model may contain only one technical 
solution or a set of technical solutions which are mutually li~~eCi 
in such a way that toget..~er they constitute a single inventive idea. 
(3) The application shall contain the following: 
(a) an application form for registration in the Utilit7 Model Re­
gister, containing the name of the utility model; 
(b) a description of ~~e technical solution or a documentation 
tl1ereof; 
(c) claims for tl1e protec~ion with a clear and precise defini~ion 
of t..~e subject matter which is to be protec~ed by the utility 
model. IP/N/lICZE/I/3 
Page 4 
(4) The application shall give the name of the aut~or of the subjec~ 
matter of the application of the utility model. 
(5) The execution of the application shall conform to a simple fo~ 
and requirements, published by the Qf=ice in the Of=icial Bulleti~ 
(hereinafter referred to as "Bulleti:l") 
9. (1) Filing of the application establishes the right of priority for 
the applicant. 
(2) The applicant shall claim the right of priority -based on an 
1 international agreement -already in his application and at t~e 
same time he shall state the filing date of the application from 
which the right of priority is deriving, its ~~er and state in 
which the application has been filed or the authority with which 
the application has been filed under an international agreement. 
10. (1) If the applicant has already requested in the Czech and Slovak 
2 Federal Republic for granting a patent at the same tec~~ical 
level, he shall have the right in his application to request t~e 
recognition of ~~e filing date or even ~~e right of priority de­
riving from this application for an invention. 
1. Notice of the Ministry of Foreign Af=airs of ~~e Czechoslovak 
Socialist Republic No. 64/1975 Call. of Laws as amended by Notice 
No. 81/1985 Call. of Laws on the Paris Convention on the Protection 
of Intellectual Property of March 20, 1883, revised in Brussels on 
December 14, 1900, in Washington on June 2, 1911, in the Hague on 
November 6, 1925, in London on June 2, 1934, in Lisbon on October 31, 
1958 and in Stoc~~olm on July 14, 1967. 
2. Section 2 and the followir.g of t~e Law on Inventions, !~dus~=ial 
Designs and Rationalisation Proposals No. 527/1990 CoIl. IP IN 11/CZE/I/3 
Page 5 
The Office shall grant the application for the utility model the 
date of application or the priority of the original application for 
the invention if such an application is filed within 2 months of 
the decision upon the ~atent application at the latest, however, 10 
years of its filing. 
(2) The applicant claiming his rights according to Section 1 shall be 
obliged -within a period of 2 months from filing the application 
for a utility model -to present a duplicate of the application for 
an invention the date of filing or priority of which he is claiming, 
otherwise the right expires. 
(3) Failure to comply with a time limit set in paragraph 1 may not be 
excused. 
11. (1) If the application fulfils conditions stipulated in Section 8 and 
if its subject matter is not evidently at variance with Section 2, 
3 and 5, the Office shall record the utility model in the Register. 
(2) Recording of the utility model into the Register establishes its 
protection according to the present Act. Upon recording the utility 
model into the Register, the Office shall issue the applicant -who 
by registration of the utility model became the owner of said utili­
ty model - a certificate of recording the utility model in the Re­
gister and shall announce recording of the utility model in the Re­
gister in the Official Gazette. After recording the utility model 
in the Register, the Office shall ptililish document listed in Se­
ction 8, paragraph 3, letters (b) and (c). 
(3) If the application does not correspond to requir.ements listed in 
Section 8, the Office shall request the applicant to remedy the 
defects within a set time limit. If the applicant fails to 
remedy the cited' defects within that time, the Office shall 
te..I:mi.nate the procedure involving the application. When setting 
the above time limit, the applicant shall be notified of this 
consequence. IP/N 11 ICZE/I/3 
Page 6 
(4) I= the application contains a subject listed in Sec~ions 2 and 3 
or if the subject matter of the application is evidently at variance 
with Section 5, the Of:ice shall rejec~ the application. The applicant 
shall be noti=ied of such a consequence prior to issuing such a decisio~. 
(5) Adaptations and changes made in ~~~. application of the utility model 
shall not exceed the framework of its original presentation. 
(6) Until recording of ~~e utility model into the Register, the appli­
cant may divide the application for the utility model. The Of:ice 
gives applications for the separated utility models the right of 
priority of the original application for the divided u~ility model 
if the separated applications do not extend beyond the scope of its 
original application and if they are presented within 3 months from 
a written communication of the applicant that he plans to divide the 
filed application. 
For filing applications for the separated utility models, the appli­
cant is obliged to pay an administ=ative fee according to special 
provisions. 
(7) Upon request of the applicant, the Office shall post?one recording 
a utility model in ~~e Register for a period of at most IS months 
from ~~e date of filing the u~ility model. 
Effect of Utility Model 
12. (1) No person may manufacture, place into circulation or use ~~e tech­
nical solution protec~ed by the utility model as par~ of his entre­
preneurial activities, wi~~out the consent of ~~e owner of ~~e utility 
model .. 
(2) The owner of ~~e utility model is entitled to render a consent 
(license) for using the technical solution protected by the utility 
model to ot~er persons or to transier the utility mocel in~o them. 
(3) Righ~s following from a patent granted on the basis of an appli­
cation for an invention wi~~ a later priority shall ~o~ be exer­
cised in case of a collision ~ithout the consent of ~he owner of 
~~e utility ~odel. IP/N/1/CZE/I/3 
Page 7 
13. (1) The utilit1 model shall not be ef~ective against persons who used 
its technical solution protected by the utilit1 model independent­
ly of ~he aut~or or owner of t~e utility model prior to the origin 
of priorit1 rights or who verifiably under~co~ measures to this er.d 
(hereina.:ter referred to as "prior userlt
) • 
(2) If an agreement is ~ot reached, the prior user may request a cour~ 
that the owner of the utility model recognise his rights. 
14. (1) If a license agreement for the utility model has ~ot been concluded, 
the Office may grant a forced license: 
(a) if the owner of the utility medel does not make use of its 
subject matter at all or only insufficiently and if he cannot 
justify his inactivity by proper reasons; such a forced license 
cannot be granted prior to expiration of 4 years since the fi-
ling of the application of the utility model or 3 years since 
its registration, with priority being given to the later expi-
ration date; 
(b) for reasons of endangering an important public interest. 
(2) Granting of a forced license does not affect the right of ~~e owner 
of ~~e utility model to reL~ursement of ~~e license price. 
Te~ of Validity of Utilit7 Model 
15. (1) The validity of a uti~ity model shall be 4 years from ~~e date 
of filing the application for the utility model or from filing 
an earlier ?atent application of an identical subjec~ (Section lQ) 
(2) Upon request of the owner of ~~e utility model the Office s~all 
prolong the t~~e validity of regis~ation of the utility model 
twice always for another 3 years. 
(3) It ma~ applied for prolongation of the time of validity of the 
utility model at ~~e earlies~ during the last year of its validity. 
(4) If the u~ility model is registered after expiration of a t~e l~i~ 
set in paragraph 1, the Office shall prolong the t~~e validity of 
~~e utility model without the reques~ of the owner 0': the u~ility 
model. IP/N/lICZE/I/3 
Page 8 
16. The utility ~ode1 lapses if: 
(a) t~e tL~e of its validity expires, 
(b) t~owne~ of the utility model abandons it; in such a case ~~e 
protection ceases on the day a written decla..raticn. to this e==ect 
is received by the Office. 
Canceila-t::..cn: of Utility Model 
17. (1) Upon a proposal of anybody, the Office shall cancel a utility 
model from the ~egister if: 
(a) its technical solution is not suitable for protection ac=or-
ding to Sections 1 and 3, 
(b) the subject matter of the utility model is already protected 
by a patent or utility model of an earlier priority right 
(c) the applicant or owner of the utility model is a person not 
entitled to protection according to stipulations of Section 6 
(d) the subject matter of the utility model goes beyond the ori­
ginal application of the utility model. 
(2) Cancellation of a utility model from ~~e Register has the same 
ef=ect as though the utility model were not recorded in the Register. 
(3) A utility model can also be cancelled from the Register after lap­
sing of the utility model (Section 16) if ~~e proposer proves a le­
qal .. interest in the matter. 
18. (1) The proposal for cancellation of a utility ~odel from the Register 
shall be filed with the Office in two copies. 
(2) ~he proposal for cancellation of the ~tilitv model from the ~e­
gister shall be properly substantiated and :naterial proof, on '~hich 
the proposal is based, shall be simultaneously presented. IP/N/I/CZE/I/3 
Page 9 
(3) The Office shall call on the owne~ of the utility ~odel to ~xpress 
his views on t~e proposal for cancellation 0= t~e utility model 
from ~he Register withi~ a given deadline. The cwne~ of the utili­
ty model shall present his views on the pr090sal for cancellation 
of the u~ility model from "the Register in two wri~ten copies. 
(4) If the owner of the utility model fails to express his views 
within the stipulated time limit, the Office shall cancel the 
utility model from the Register. 
(5) I= the owner of the utility model expresses opposition to cance­
llation of the utility model from the Register within the given 
time limit, the Office shall send the owner~s expression to the 
proposer of cancellation of the model from the Register and shall 
set a date for an oral hearing on the proposal. 
(6) Failure of a participant in the proceedings to at~end the oral 
hearing on ~~e proposal for cancellation of the utility model 
from ~~e Register shall not stand in the way of ~~e Office to 
take a decision on the proposal. 
(7) The Office shall grant the successful par~icipant in ~~e procee­
dings on cancellation of the utility model from ~~e Register the 
right to re~ursement of costs necessarj for successful appli­
cation of or defending his rights against the participant who was 
not successful in ~~e given matter, if the participant applies 
for such a right before a decision is made on ~~e matter in ques­
tion. 
Forfeiture of Protection 
19. (1) The Of=ice shall for=eit the owne~ the utility ~odel if, on the 
basis of a court decision, it ascertains that the ~ight to the 
u~ilit1 ~odel did not apper~ain to hL~ i~ the spirit of Sec~ion 6. JP 1Nl 1 ICZE/I/3 
Page 10 
(2) Only a person to whom or to whose successor, ac=ordi~g to a =ourt 
decision, pertains the right for protection by a utilitl model 
shall be entitled to make a proposal for forfei~~~e of the pro-
tection ac=ording to Paragraph 1. 
(3) Upon t~e proposal of a person to ~hom pertains t~e right to pro­
tection by utility model filed within 1 month of a valid court 
decision, the Of=ice shall register such a person as the owne~ 
of the utility model. 
(4) I= a proposal for ~ansfe~ acc=ording to Paragraph 3 is not filed, 
the Office shall cancel the utility model f~om the Register on the 
basis of its authority. 
Register 
20. (I) The Office shall keep a Register into which it shall record data 
on applications for utility models and on ~~e regist=ation of 
utiliy models. 
(2) The following data of each utiliy model shall be entered into 
t.'1e Register: 
(a) ~~e ~umber of the ent=y (certificate), 
(b) ~~e date of the entrl, 
(c) t.~e date of publication of the utility model registration 
in the Of!icial Gazette, 
(d) the name of the utilitl model, 
(e) the date of filing of the application and, possibly, the 
date of priority and the file number of the application, 
(f) the applicant of the utility ~odel (name of person or corn-
pany) and address (head~~ar~ers) or the same data of his 
representative, 
(g) t.'1e sur:1ame, given name and address of t:-:.e aut~or of the 
utility model 
(h) the owne~ of ~~e utility model (name of person or company) 
and address (headquarte~s) or the same data of ~is represen­
tat:ive, (i) the right of prior user IP IN 11/CZE/I/3 
Page 11 
(j) the classification of the utility model under the International 
Patent Classification, 
(k) transfer of ~~e utility model, 
(1) license data, 
(m) forced license data, 
(n) prolongation of the registration validity of the utility model, 
(0) cancellation of the utility model from ~~e register, 
(p) revoki~g the protection or its transcription, 
(r) lapse of the protection. 
(3) The Office shall publish facts concerning utility models as well as 
official communications and decisions of basic importance in the 
Official Gazette. 
Final Provisions 
21. (1) General provisions on administrative 'procedures shall apply to 
proceedings in matters of utility models wi~~ deviations listed 
L'"1 t.he present Law;, and exemptions of stipulations concer:ling 
suspension of proceedings, declaration of one-s word of honour, 
schedules for taking decisions and measures against inactivit.y.3 
(2) The rights to ~~e utility model, co-owner relations, registration 
of license agreements on utility models, transfer of utility models, 
relations wi~~ other countries, representation in proceedings be~ 
fore the Office, staying proceedi~gs, waiving the failure to observe 
a deadline, inspecting doc~ents, declaratorj judgement, registe­
ri~g utility ~odels kept secret according to special regulations, 
corrective proceedings and infringement of rights are covered by 
stipulations sL~ilar to those of the law on i~ventions, i~dustrial 
designs and rationalisation proposals.4 
(3) The Office collects administrati·J'e :ees for the i:lcii~lidual legal 
ac-:s according to the present Law .. , 5 IP/N/lICZE/I/3 
Page 12 
22. This Law shall enter into :orce on the day of proc1~~ation. 
3. Sections 29, 39, 49 and SO of Law No. 71/1967 Call. of Laws 
on administ=ative procedures (Administ=ative Code) . 
4. Sections 8 to 10, 14 to 16, 64 to 68, 70 to 71 and 75 ?aragraph 1 
of Act No. 527/1990 Call. of Laws and Section 19 of the Dec=ee 
of ~~e Federal Office for Inventions No. 550/1990 ColI. of Laws. 
5. Law No. 105/1951 ColI. of Laws on admL~ist=ative fees, as amended 
by the legal measure of the ?residium of ~~e National Asse~ly 
No. 138/1960 ColI. of Laws. 
Notice of the Minist=y of Finance of ~~e Czech and Slovak Federal 
Republic, Minist=y of Finance of the Czech Republic and Ministry 
of Finance of ~~e Slovak Republic No. 570/1990 CoIl. of Laws on 
administrative fees, as amended by the Notice of t..~e ~inistrl of 
Finance of the Czech and Slovak Federal Republic, Ministry of 
Finance of t."'e Czech Republic and Minist=y of FiZlance of ~~e 
Slovak Republic No. /1991 Coil. of Laws. 