WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual J»roperty Rights IJ»~/I/C~~/I/l 
30 April 1996 
(96-1650) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Czech Republic 
The present document reproduces 1 the Act on Inventions, Industrial Designs and Rationalization 
Proposals, No. 527 of 27 November 1990, as notified by the Czech Republic under Article 63.2 of 
the Agreement (see document IP/N/lICZE/l). 
Conseil 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 texte1 de la Loi n° 527 du 27 novembre 1990 sur les inventions, 
les dessins ou modeles industriels et les propositions de rationalisation, notifiee par la Republique tcheque 
au titre de l'article 63:2 de l' Accord (voir le document IP/N/lICZE/I). 
Consejo de los Aspectos de los Derechos de J»ropiedad 
Intelectual relacionados con el Comercio 
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 reproduce1 La Ley de invenciones, dibujos y modelos industriales 
y proyectos de racionalizacion, N° 527, de 27 de noviembre de 1990, notificada por la Republica Checa 
en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP IN 11 ICZEI 1). 
lEnglish only/anglais seulementlingles solamente. IP/N/lICZE/l/l 
Page 2 
INDUSTRIAL PROPERTY -SEPTEMBER 1991 
CZECHOSLOV AKl-\ 
Law on Inventions, Industrial Designs and 
Rationalization Proposals 
(No. 527 of November 27, 1990)* 
Purpose of the Law ..•............... , .... , , .. , . , . , 
Pan One: Inventions 
Chapter 1: PatentS ..... , ... , , , . , . , ... , .... , , , . , , 
Patentabiiity of Inventions ... , , .... , , . , ... , , .. , . , , , 
Exclusions from P:nentability .,",.,.,." .. ,""'" 
Novelty, , .•.. " ••.. , ... , ....... , .. , .... , , , .. , 
Inventive Step ..• , ••. , .•.• , ........ , . ,'. , , , .•.. 
Industrial Appiic:uion , . , . , ... , .. , .. , ........ , , , , 
Right to Patent , ..••. ,., ... " ... " .. ,.,""',., 
Inventions Belonging, to an Ente=?rise . , , ....... , .... , 
Effect of Patent ...•.. , .•.. , .................. , . 
Joint Ownershio of Patent. , .. , , . , , .••. , , . , , , .... , , 
Limitation of ,Effect of Patent . , , , , , .. , , . , . , , , , , . , , , . 
Offer cifl:.ice:1se .. , . , , , .... , .... , , , , . , . , , . , , . , . 
Cqrnpulsory L;'ce:1se . : : , , , : • , , , , , . , , . , . : .. : .' , ...... .. 
Term of Patent , . , •. ' ... ,'. '. '. '. ' .......•....... , .. . 
Lapse of Patent :. '. ':'. ' ...... ' .............. , ..... . 
Annulment of ?atel"lJ,·~-...•. , . , ..... , .... , •....... 
Chapter ll: Patent Gr-nting r.ocedu:-e 
Applica~i9nJor an Inve!1tion •.. , ..... " ..•...•.... 
Preliminary EX2,....,i..,ation of AppliCJrion for an Inve!'1:ion, . , , 
,': ;-.F\lll E;r.amina,tion.of Application for an Invention ........ . 
Par: T~o-Iridus~al' Des; gns 
chapter I:' Conce?,i of Indusuial Desit;1 ..•... , . , ..... . 
~ovelrY I •• ~.; ••• ~:: '.: .!~ : : : : •• :: ••• ~ •• , •••• , , •• , , • , , 
'IndusuiaJ:Application '. ,. , ..... , ";H,' ~ '. _ • ',' • , • , , , , , ••• . . ... 
Ch~pt~~')l:" ~~gi's~ti~n;9'f ~dUSL?~ ~~igns ; : , , , , . , . ,', 
-Applica:ion (9f Industrial Design, .. , , ..•• , •• '. , , , .... 
:In.dus~,aJ ~s~gn. ~~J?ri!:.in( to ~.~:~e;-prise ~.' ' ..... , , .'. , 
ltight of Prionty .•• ,., ..• " .. , , , , , , , • , . , •.. , . , . 
Proce...Aurc'fcir·;m'Application for an IndustriaJ Design. , . , .. .. -. 
Chapter Ill: Efr ect of InduSL"iaJ Desi gn Registration. , , , ... 
Joint Ownership of Industrial Desi~ .".".,.,.,' .•.• 
• C;ecn' T~t/~:·.Z2kOn,;,·z.e ,dne I, '27, lislopadu 1990 0 
v:-n:ile:.ech.:?rUmyslo\'Yc~ vw~,.s,..z.I~~vadcbn.a\'rzich. 
Emry tirrojora.· January.!; l~J"... .. 
Sourc~: SbirkD :token'; C~sJ:.J.' Q: ~s.Jo\·~nski.. F..eduaril'ni 
R(pub/~J.)' (Collection of: uws',oLttls ~e,~hrand •. S1o~~ak:fedel"2l 
Rep~bhc (hereinafter ,referred;· I~.: 3$l1;.~';j)e, ,CeJ1~~pn:'~, The 
Engilsh tr:IJlslarion was communicated 10 wIPO oy ~he FedeT31 
Office for Inventions oWhe,Cz.ecn and Siovak Federa! Republic, 
•• Added by WIPO, Sterions 
2 
3 
~ 
5 
6 
7 
8 
9 :md 10 
1) to 15 
'16 
Ji and lS' 
1'9 
20 
:1 
22 
:~ to :9 
301032 
33 10 35 
36 a."d 3.; 
3-8 
-:Q .. -.: ." 
~o a..,d .! 1 
.!2 and 43 
.!.4 to .!j 
.!8 and 49 
50 to 54 
55 1058 
59 ,LAWS A,,~TI TREATIES 
cs CZECHOSLOVAKIA- Text 1.002'. page 001 IP/N/1/CZE/l/l 
Page 3 
',VDUSTRIAL PROPERTY":' SEPTEMBER 1991 LAWS A.;-':D TREATIES 
Limitation of Effect of Industrial Design .............. . 60 
61 
6:! Lapse of Industrial Desi gn ....................... . 
Cancellation of lndustrial Design ................... . 
Part Three: Common Provisions on Procedure Before the Office 
AdminisO":ltive Procedure •........................ 
Suspension of Procedure ••........................ 
Excusing Failure to Comply With a Time Lirnil ....•..... 
Inspec:ion of Files .........•................... 63 
64 
65 
66 
67 
68 Procedure for Declaratory Judgment ................. . 
Appeals Procedure ........................... . 
Patent Register. Industrial Designs Register and Oificial 
Bulletin of the. Office ........................ . 69 
iO 
71 Reoresentation •......•........................ 
Se~et Inventions and Industrial Designs .............. . 
Part Four. Rationaliz.ation Proposals ................... . i:! to i4 
Part Five: Common. Transitional and Final Provisions 
Infringement of Rights ......................... . 75 
i6 
77 to 87 
88 to 90 Relations "vith Foreign Countries ................... . 
Transitional Provisions .......................... . 
Empowering, Repealing and Final Provisions .......... . 
Purpose of :he Law 
1. The purpose of this Law is to regulate the 
rights and obligations deriving from the creation and 
\)"orking of inventions, industrial designs and ratio­
naiization proposals. 
P.~T O~E 
L"VE~TIO~S 
Chapter I 
Patents 
2. The Federal Office for Inventions (hereinafter 
refe;-red to as "the Office") shall grant patents for 
inventions which meet the requirements set out in 
Ihis Law. 
POTenrabiliry oj fm'emions 
3.-( 1) Patems shall be granted for any inventions 
whic~ :lIe new, which involve ::m inventive step and 
which 3re susceptible or industrlal application. 
(,:) Tne fol1ov"ing shall not be regarded as inven­
tions: 
CZECHOSLOVAK1A -T~xt )-001. poge 001 (a) discoveries. scientific iheones and mathemat­
ical methocs: 
(b) tile mere appe:rrance of products: 
(c) schemes. rules and methods for perfonning 
mental :lC:S: 
(d) prog!'ams for computers: 
(e) mere presentations of infonnation. 
Exclusions jrom Pc:er.rcbiliry 
·t Patents shall not be granted in respect of: 
(a) inventions contrary to public interest, pa.rticu­
larly me principles of humanity and morality: 
(b) me~hods for prevention, diagnosis and tre::.t­
ment of diseases of the human or animal body: 
(c) plant or animal vanetles and biologic::.l 
processes for the production and improvement of 
plants or animals. with the exception of indusulal 
microorganisms serving for production and biotech­
nological processes and the producls thereof. \vhich 
are patentable. 
5.-( 1) .!..n invention shall be considered to be 
new if it does not fonn pan ('IT the S13te of the an. 
cs IP/N/1/CZE/I/l 
Page 4 
INDUSTRIAL PROPERTY -SEPTEMBER J99J 
(2) The state of the art shall be held 10 comprise 
everything made available to the public in the Czech 
and Slovak Federal Republic or abroad prior to the 
date on which the priority right of the person filing 
the application for the invention began. 
(3) The Slate of the a11 shall also comprise the 
content of applications for inventions filed in the 
Czech and Slovak Federal Republic which enjoy 
earlier priority and have been published only on the 
date on which the applicJ.nt·s priority right began or 
3t a subsequent dat1! (Section 3 I). This provision 
shall also apply to international applications relating 
to inventions and in whlch the grant of a patent is 
requested in the Czech and Slovak Federal Republic 
(hereinafter referred to as "international applica­
tions'·) under an international treaty. Applications 
kept secret under special provisions shall be consid­
ered 10 have been published on expiry of an 18-
month period as from the date on which the priority 
right began. 
cs (.!) An invention shall not be considered to form 
part of the state of the an if its disclosure occurred 
no earlier than six months preceding the filing of the 
appiication and if it was due to or in consequence of: 
(a) an evident abuse in ie!ation to the applicant 
or his legal predecessor. 
(b) the fact that the applic:mt or his legal prede­
cessor has displayed the inve!1tion at an official. or 
officially-recognized. intematlonal exhibition within 
the te:-ms of the relevant t:eaty.l In such case. it 
snail be for the applicant to declare. when filing the 
application. that the invention has been shown (Lld to 
produce in support of his declaration. within a period 
of four months as from tiling, a ce11irlcate anesting 
that the invention has been shown in compiiance 
with the provisions of the said international treaty. 
fm'en/h'e STep 
6.-( 1) An invention shall be considered as 
involving an inventive step if. having regard to the 
stale of the art. it is not obvious to l person skilled 
in the art. 
(2) However. ihe content of applic::nions that 
have only been published as of the dare on which the 
applicant's priority right began shall not be taken 
into consideration In assessing inventive step 
tSection 31). 
I Convention on Intem31ional S:r.hibilions done :ll P:lris on 
:-':ovember 2~. 1923 <:-';0 • .:6/193: of the Coilec:ionl. LA WS Ao'-:D TREATIES 
Industrial Application 
7. An invention shall be considered as susceptible 
of industrial application if it can be repeatedly 
worked as a pa11 of economic activities. 
Right iO PaTent 
8.-{ 1) The right to a patent shal1 belong to the 
inventor or his successor in title. 
(2) Tne inventor is the person who has made the 
invention by means of his own creative work. 
(3) Joint inventors shall be entitled to a patent in 
the proponion in which they have panidpated in the 
creation of the invention. 
Inventions Belonging iO an El11erpr{se 
9.-( 1) \Vhere an inventor has made an invention 
as part of his tasks deriving from an employment 
relationship, by reason of the fact that he is a 
member of an organization or of any other similar 
employment relationship (hereinafter refe!7ed to as 
"the employment relationship'·), the right to i.he 
patent shall pass 10 the employer. unless othe0'-'ise 
laid down by contract. The right of inventorship as 
such shall remain unaffected. 
(2):\0 inve:llor who has made an invention 
within the framework of :m employment relationship 
shall be iequired to repoI1 the fact without delay. in 
writing, 10 his employer and to communicate to him 
the documents required for assessing the invention. 
(3) \Vhere the e:nployer does not claim the right 
ro the patent wiL,in a period of three months as from 
receipt of the communication referred to in su bsec­
tion (2). the right shall reVert to the inventor. Both 
the employer and the employee shall" he required to 
maintain the secrecy of the invention with respect to 
third panies. 
(~) Any inventor who has made an invention 
under an employment relationship shall be entitled. 
where the employer claims the right to the patent. to 
appropriate remuneration from the employer. In 
order to assess the amount of remuneration. the tech­
nical and economic imponance of the invention and 
the benerit obtained from possible working or other 
use. together with the material contribution by ihe 
employer to the making of the invention :l11d the 
extent of the inventor's service obligations shall be 
CZECHOSLOVAK1.-\ -Text ) -oo~. page 003 INDUSTRIAL PROPERTY -SEPTEMBER 1991 
taken into consideration. Where remuneration that 
has already been paid is obviously no longer propor­
tionate to the benefit obtained from v.'orking or other 
subsequent use of the invention. the inventor shall be 
entitled to additional remuneration. 
10. Termination of the employment relationship 
between the inventor and the employer shall not 
prejudice the rights and obligations deriving from lhe 
provisions of Section 9. 
Effecr of Po/em 
11.-(1) The owner of a patent (Section 3~) shall 
have the exclusive right to work the invention. to 
authorize others to work the invention or to assign 
the patent to others. 
en The patent shall have effect as [mm the date 
of publkation of the notification of its grant in the 
Official Bulletin of the Federal Office for Inventions 
(hereinafter referred to as "the Official Bulletin"). 
(3) The applicanr shall be entitled to appropriate 
:e:nuneration from any person who uses the subject 
maner of the application for an invention after the 
3ppiication has been published (Section 31). Tne 
right to appropriate remuneiation may be asserted :?.s 
from the date on which the patent. has effect. 
(.1) An applicant TIling 2.I1 international appiic:!­
~jon requesting grant of a patem in the Czech and 
Slovak Fede;-al Republic and which has been 
published in compliance with the inte:-national treaty 
shall be entitled to appropriate remune:-Z1tion in 
accordance with subsection (3) only after the transb.­
lion of the application into the· Czech or Slovak 
ianglJ~ge has been published (Section 31). 
11. The extent of the protection conferred by a 
patent shall be determined by the terms of the 
claims. In case of doubt. the description of the 
invention. and possibly the drawings. shall serve to 
inte;-pret the terms used in the claims. 
13.-( 1) The person working an invention shall 
:ne3l1 the person who manufactures. places on the 
market or uses the product Lhar is the subject matter 
of the invention or makes use of the process that is 
the subject matter of the invention, in the framework 
of his economic activity. 
(2) \Vhere J parent has been, granted for J 
production process. the effects of the patent shall 
CZECHOSLOVAKIA -Text 1-00:;. page OO.! IP/N/1/CZE/I/l 
Page 5 
L-\ WS AND mEA TIES 
extend also 10 the products directly obtained by such 
process: identical products shaH be held to have been 
obtained by means of the protected process. unless 
proved otherwise. 
1~.-( 1) The authorization to work an invention 
protected by a patent (license) shaH be given by 
written contract (hereinafter referred to as "the 
license comrac(-). 
(2) The license contract shall have effect in 
-respect of third panies as from its entry in the Patent 
Register (Section 69). -
15. Assignment of a patent shall be effected by 
written contract that shall take effect in respect of 
third panies as from its entry in the Patent Register. 
Joinr Ownership oj ?areJii 
16.-(]) V'/here the rights deriving from one 
patent belong to more than one person (hereinafte:­
referred to as "the joint owners"), the relationship 
between such persons shall be governed by Lhe 
general rules of law on shares in joint ownership.: 
(2) Unless othef\vise agreed by the joint owners. 
each of them shall have the right to work the inven­
tion. 
(3) Unless otherv.·ise agreed. the conclusion of a 
license contract shall require. in order to be valid. 
the consent of all joint owners: each of the joint 
owners may independemly take action against 
infringement of the rights de:iving from the patent. 
(~) Assignment of the patent shall require the 
consent of all joint owners. Failing the consent ef 
the other joint owners. each joint owner may only 
assign his share to another joint owne:-: assignment 
to a third party may only be effected if none of the 
joint owners has accepted a written offer of assign­
ment within a period of one month. 
LimiTarion of Effecrs of ?arel71 
17.-(1) A patent shall not be invocable ag3inst a 
person (hereinafter referred to as "the prior user") 
who has already worked the invention independently 
: Code of Civil L:lw (L.lw ~o . .!O/l96-! of the Collec:ion) 
in its current wordinl!. 
Code of the Economv I UW So. 1 09!19~ of :he Coilec:ion) 
in its current ~'ord:ng. . 
cs IP/N/lICZElI1l 
Page 6 
INDUSTRI.4.L PROPERTY -SEPTEMBER 1991 
of the inventor or owner of the patent or who has 
made preparation therefor. that he can prove. before 
the prioriry right began (Section 27). 
(2) In case of failure to reach agreement. the 
prior user shall be entitled to request a coun or 
economic arbitration board. as appropriate. that his 
ri ght be recognized by the owner of the patent. 
18.-( 1) The rights of the owner of the patent 
shall not be infringed by use of the protected inven­
tion: 
(a) on board vessels of other States parry to the 
international treaties3 to which the Czech and 
Slovak Federal Republic is pany (hereinafter referred 
to as "the Union countries"). in the body of the 
vessel. in the machinery. tackle. gear and other 
accessories. when such vessels temporarily or 3cci­
dentally enter the Czech and Slovak Federal 
Republic. provided that such use is exclusively for 
the needs of the vessel: 
( b) in the construction or operation of aircraft or 
iand vehicles of other CDlon States when those 
aircraft or land vehicles temporarily or accidentally 
enter the Czech and Slovak Federal Republic. 
(2) The rights of the owner of a patent shall not 
be infringed by the preparation in individual cases in 
3. pharmacy of medicines in accorda.nce with J 
:nedical prescnption. 
Offer of License 
19.-{ 1) If the applicant for a patent or the owner 
of a patent declares to the Office that he is prepared 
to offer the right to work the invention to any person 
(offer of license), any person who accepts ~he offer 
of a license and notifies the fact in writing to the 
applicant or owner shall be entitled to work the 
invention. The Office shall enter the offer of license 
in the Patent Register. 
(2) The declaration of offer of license shall be 
irrevocable. 
(3) The fact that a person is entitled to work the 
invention shall not prejudice the right of the owner 
cs j Decree of the ~1inisler for Forei£n Aff:1irs of the 
Czechoslovak Soci:1list Re::n:biic restardin2 I-he P:lris Convention 
for !he ?rolection of Indl!stri31 Property of ~13.rch 10. 1883. 
re\'i!'ed :It Brussels on December ).!. 1900. at W:lshin210n on 
June 2. 1911.. It The H:l!:ue on ~ovember 6. 1925. :u London on 
June ~. 193J. :11 Li!'bon -on OClober : 1. 1958. :md :1I Slockholm 
on Julv IJ. 196; ,;.Jo. ~n9:5 of the CoJl~c\ionl. 
, -LAWS AND TRE.~TIES 
of the patent to obtain compensation with respect to 
the value of the license. 
(4) The administrative fees for maintaining a 
patent in respect of which the owner has made an 
offer of license under subsection (1) shall be half the 
amount laid down in the relevant statutory provi­
sions.: 
Compulsory License 
20.-( 1) \Vhere no agreement is reached on the 
conclusion of a license contract. the Office may 
grant a compulsory license: 
(a) if the owner of the patent does not work his 
patent at all or works it insufficlently and cannot 
give legitimate reasons for his failure to act: a 
compulsory llcense may not be granted pnor to the 
expiration of four years as from the filing date of the 
patent application or three years as from the dale of 
grant of the patent. whichever period expires last: 
(b) where an important publk interest is endan­
gered. 
(2) Tne grant of a compulsory license shall not 
affect the right of the owner to obtain compensation 
in respect of the value of the license. 
Term of Pale!71 
11. The term of a patem shaH be :0 years as 
from the tiling date of the applic3lion for the inven­
tion. 
Lapse of Porem 
12. A patent shall lapse: 
(a j on expiry of its term of validity; 
(b) if the corresponding administrative fees5 
have not been paid in good time by the owner of the 
patent: 
(c) on relinquishment by the owner of the patent: 
in such case. the patent shall terminate as from the 
date on which the Office receives a written declara­
tion by the owner of the patent. 
~ L;!w on Adminisu-:llive Fees t:--:o. 105/1951 of :he Collec· 
lion) in the wordin2 of the Dec;'ee oi :he Presidium ot' the 
National Assemblv (No. 138/1960 of the Collection l. 
Decree of the' Feder:ll \1inisu'v of Fin:1nce. the ~1injsU' .... of 
Finance. Prices and Wages ot" the Czech Republic lnd oc" :he 
Y1inimy of Fin:lnce. Prices lnd W:lges of the Siov:1k Rej:)ublic 
(~o. 5iO/l990 of the CoiJeclion). 
~ S~e ioolnole .!. SliP I'll. 
CZECHOSL()VAK1~ - T .. ,\:! I.()f)" ",!"I0P ()(), INDUSTRIAL PROPERTY -SEPTEMBER 1991 
Annulment of Parent 
23.-( 1) The Office shall annul a patent if it 
ascertains. after grant of the patent. that the condi­
tions for granting a patent laid down by this Law 
were not met. 
(2) If the grounds for annulment concern only a 
part of the patent. the patent shaH be annulled in 
part. 
(3) Annulment of l patem shall have retroactive 
effect to the date on which the patent became vaJid. 
(4) A request for annulment of a patent may be 
filed even after lapse of the patent if the person 
filing the request can prove a legaJ interest. 
Chapter II 
Patent Granting Procedure 
ApplicaTion for an !I1\'e11liol1 
14.-( 1) The pate:1t granting procedure shall begin 
with the filing with the Office of an application for 
an invention. 
(2) The Office is the body with which 
Czechoslovak natural and legal persons and other 
natural and legal pe:-sons having their domicile or :m 
establishment on the tenitory of the Czech and 
Slovak Federal Republic may f:le international 3ppli­
c:nions. 
(3) The person filing an appiication under subsec­
tion (1). or (2) shall be required to pay an administra­
tive fee in accordance with the reJevant statutory 
provisionsO and the person !IEng an international 
application under subsection· (2) shall funher be 
fPrJuired to pay for the international procedure 
,:arding the application for the invention those fees 
that are laid down in accordance with the relevant 
international treaty: the Office shall publish the 
schedule of the above-mentioned fees in the Official 
Bulletin. 
15.-{ 1) The name of the inventor shall be 
mentioned in the applic:nion. 
(2) At the request of the inventor. the Office 
shall not mention the name of the inventor in the 
published app!ic:!tion and in the announcement of the 
grant of the patent. 
~ Ihid. 
CZECHOSLOVAKIA -Text 1·002. p3ge 006 IP/N/1/CZE/l/l 
Page 7 
LA WS .Au"-:D TREATIES 
16.-(]) An application shall relate to one inven­
tion only or to a group of inventions so linked as to 
form a single inventive concept. 
(2) The invention must be disclosed in the appli­
cation for an invention in a manner sufficiently clear 
and complete for it to be carried out by a person 
skilled in the art. Vlhere the invention concerns an 
industrial microorganism for the purposes of produc­
tion. the microorganism must be kept in a public 
collection as from the date on which the applicant's 
priority right begins. 
(3) \Vhere there is a doubt. the Office may invite 
the applicant to provide evidence of the applicability 
of the invention by producing the subject maner of 
the application or in some other appropriate manner. 
If the applicant is unable to furnish such evidence. 
the subject matter of the application shall be deemed 
not to have ::lpplicabiiity. 
27.-( 1) The priority right of the applicant shall 
begin with the tIling of ihe application. 
(2) The priority right under the international 
treaty' must 31ready be cbimed by the applicant 
in his application: if in\'ited to do so by the Office. 
the applic::mt must furnish evidence of his right 
within rhe siipulared time limit. failing ~·hich the 
priority right shall not be raken into consideration. 
18.-( 1) \Vhere legal proceedings in respect of the 
right 10 a patent have bee:1 instituted berore a 
competent organ. the Office shall suspend the proce­
dure with respect to the application concerned. 
(2) The time limits laid down by this Law shall 
be suspended. with the exception of the time limit 
laid down in Section 31 (1). for as long as the proce­
dure is suspended. 
(3) If the legitimate applicant files a request to 
continue the procedure within three momhs from the 
date on which the decision on the right to a patent 
becomes final. the priority right shall be maintained. 
Acts carried out for the granting of a paterlt prior to 
suspension of a procedure shall likewise be deemed 
valid for the continued procedure. 
29.-(1) The Office shall transfer the application 
for an invention or the patent to the person who is 
the inventor in accordance with the decision taken by 
the COUI1. 
~ See footnote 3. slqmJ, 
cs IP/N/l ICZE/II 1 
Page 8 
INDUSTRIAL PROPERT! -SEPTEMBER 1991 
(2) If the organ competent to hear legal proceed­
ings with regard to the right to a patent decides that 
the right belongs to another person. the Office shall 
replace the name of the person filing the application 
or of the owner of the patent with the name of such 
other person. 
Preliminary Examination oj 
ApplicaTion jor an InvenTion 
30.-( 1) All applications for an invention shall be 
subject to a preliminary examination earned out by 
the Office in order to ascertain that: 
(a) the application contains no element that is 
obviously contrary to the provisions of Sections 3( 1 ) 
or 26(2); 
(b) the application contains no element referred 
to in the provisions of Sections 3(2) or 4: 
(c) the appiication contains no defect constituting 
a bar to publication: 
(d) the applicant has paid the corresponding 
administrative fees.s 
(2) The Office shall reject an application for an 
invention if it contains an element contrary to the 
provisions of Sections 3(1) or 26(2) or an element 
referred to in the provisions of Sections 3(2) or ~. 
The applicant shall be given an opportunity to make 
observations on the documents on the basis of which 
the decision has been t~en. prior to rejection. 
(3) If an application for an invention contains an 
eiernent that constitutes a bar to its publication or if 
the applicant has not paid the corresponding admin­
istrative fee.9 the Office shall invite the applicant 
to submit his observations and to remedy any defects 
withi:1 the time limit it shall stipulate. 
cs (~) If the applicant does not remedy the defects 
in an application for an invention constirutin2 a bar 
to its publication or does not pay the corresponding 
administrative feelo within the stipulated time 
limit. the Office shall tenninate the procedure. The 
attention of the applicant shall be drawn to such 
consequence of failure to comply when the time 
limit is stipulated. 
31.-( 1) Tne Office shall publish an application 
for an invention on expiry of a period of 18 months 
• S~e footnote .!. supra. 
o Ibid. 
I(I/bid. LA WS A.~D TREATIES 
as from the date on which the pnonty right begins 
and shall give notice of publication in the Official 
Bulletin. 
(2) An application for an invention may be 
published before expiry of the time limit laid down 
in subsection (1) on a request submitted by the 
applicant within 12 months from the date on which 
the priority right begins and on payment ·of the 
administrative fee laid down in the relevant starutorv 
prov5.sions.1I ~ 
The Office shall publish an application for an 
invention before expiry of the period referred to in 
subsection (1) if a patent has already been granted 
for the invention. However. if the owner of the 
patent does not give his consent. the Office shall not 
publish the application before expiry of 12 months as 
from the date on which the priority right begins. 
(3) Together with the application for an inven­
tion. the Office may publish a report on the state of 
the art (search report) relating to an invention 
claimed in the application. 
32.-(1) Following publication of'an application 
for an invemion. any person may submit observa­
tions on the patentability of the subject matter: the 
Office shall take such observations into consideration 
when carrying out the full examination of the appli­
cation. 
(2) Persons who have submined observaticns 
under subsection (1) shall not become pany to the 
procedure with respect to the application. However. 
the applicant shall be informed of any observations 
submitted. 
Full ExaminaTion of Applicar{on 
jor an invenrion 
33.-( 1) The Office shall carry out a full examina­
tion of the application for an invention to ensure that 
it meetS the conditions for granting a patent laid 
down by this Law. . 
(2) The full examination of an applicaIion for an 
invention shall be c:uTIed out by the Office at the 
request of the applic:mt or of a.T1other person or may 
be carried OUt ex officio. 
(3) The request for full examination shail be tiled 
within 36 months as from [he filing dale of the 
11 Ibid. 
CZECHOSLOVAKIA -Text 1-002. pa!!e 007 INDUSTRIAL PROPERTY -SEPTEMBER 1991 
application for an invention and may not be with­
drawn. Tne person filing the request shall be 
required. on submining the request. to pay an admin­
istrative fee in accordance with the relevant statutory 
provisions. :2 
(4) The Office shall carry out the full examina­
tion immediately after the request has been filed. 
(5) Where no request for full examination of an 
appHc3tion for an invention has been duly filed or 
whe:e the Office has not earned out an ex officio 
examination within the period laid down in subsec­
tion (3). the Office shall terminate the procedure 
concerning the application. 
34.-( 1) If the conditions for granting a patent 
have nOt been met. the Office shall reject the appli­
cation for an invention. The applicant s.hall be given 
L".;e possibility of submining observations on the 
L ..lments on the basis of which the decision on the 
application is to be taken. before rejection. 
(2) If the applicant does not remedy a defect 
constituting a bar to the granting of a patent within 
the given time limit. the Office shall tenninate the 
procedure concerning the application. Tne attention 
of the applicant shall be drawn to such consequence 
of faiiure to comply when the time limit is stipu­
lated. 
(3) If the subject m2ti:er of the application for an 
in ... ention satisfies lhe stipulated conditions and if the 
::;plicant has paid u1e fee laid down in the relevant 
s,arutory provisions.13 the Office shall grant a 
patent to the applicant who shall thereupon become 
L"1e owner of the patent. The Office shall issue to the 
owner of me patent leners patent in which the name 
of Ll..je inventor shall be mentioned: the description of 
the ir:vention and the claims shaH form an integral 
r of the leners patent: a notice of the grant of the 
patent shall be published in the Offldal Bulletin. 
35. If more than one application for an invention 
relating to the same subject matter is filed. only one 
pG-tent can be gr~ted. 
:; ibid. 
;~ Jbid. 
CZECHOSLOVAKIA -Text 1-002. page 008 IP IN I lICZE/l/l 
Page 9 
LA ws ~'lD TREATIES 
PART Two 
INDVSTRIAL DES1GNS 
Chapter I 
Concept of Industrial Design 
36.-( 1) An industrial desi£n within [he meanin!! 
of this Law shall be the appe~ance of a product that 
is new and susceptible of industrial application. _. 
(2) The following shall not constitute industrial 
designs within the meaning of subsection (1): 
(a) a technical solution or concept: 
(b) application of the known appearance of a 
product to a product of another kind or of the 
appearance obtained by enlarging or reducing the 
known appearance of a product; 
(c) substitution of the material used for u1e 
appearance of a product: 
(d) an architectural concept: 
(e) the appearance of a product that can only be 
ascenained if special attention is paid: 
if) the calor. except where used in relation to the 
shape. contOUiS or orname=;tation. 
37. Tne appearance of a product shall be consd­
ruted by any two-or :hree-dimensional get up 
consisting, in panicular. in the shape. contours. orna­
mentation or in the arrangement or the eolors of the 
product or in a combination of such features. 
38. An industrial design shall be deemed to be 
new if it is unknown. prior to the date on which the 
applicant's priority right begins (Sections .18 and 49). 
in the Czech and SJovak Federal Republic or abroad 
by any means generally available to the public. 
panicularly if it has not been depicted or described 
in printed publications or pt:blicly exploited. 
displayed. orally described or otherv .. ise presented .. 
IndUSTrial ApplicaTion 
39. An industrial design shall be deemed suscep­
tible of industrial application if it can serve as 3 
model for repeated manufacture. 
cs IP/N I l/CZElI1 1 
Page 10 
INDUSTRJALPROPERTf -SEPTEMBER 1991 
Chapter II 
Registration of Industrial Designs 
40.-( 1) The Office shall register industrial designs 
in the Industrial Designs RegisteF (Section 69). 
(2) Tne Office shall not r~gister an industrial 
design if it is contrary to public interest. panicularly 
the principles of humaniry and morality. 
41. The Office shall not register an industrial 
design whose subject matter is identical with that of 
another application for an industrial design filed in 
L1e Czech and Slovak Federal Republic that enjoys 
an earlier priority right. 
cs Application for an Industrial Design 
42. The procedure for registration of an industrial 
design shall begin with the filing of the application 
with the Office. 
~3.-(1) The ngnt to file an application for an 
industrial design shall belong to the creator of the 
design or his successor in title (he:einafler referred 
to as "the applicant"). \Vhen rUing the application. 
the applicant shail be required iO pay an administra­
tive fee in accordance with the relevant statutory 
provisions.j
: 
(2) The creatOr ef 2.n industrial design shall be 
the person who has created it by means of his own 
creative work. 
(3) Joint creators shall have a right to the indus­
trial design in proportion to their contribution to its 
creation. 
InduSirial Design Belonging ;0 an Enterprise 
44.-( 1) Where a creator has created an industrial 
design as ?art of his tasks deriving from an employ­
ment relationship, the right to the design shall pass 
to the employer. unless otherwise laid dov.:n by 
contract. The right of authorship as such shall remain 
unaffe::ted. 
(2) A creator who has created an industrial 
design within the framework of an employment rela­
tionship shall be required to report the fact without 
delay, in writing, to his employer and to comI!luni-
I. Ibid. LA WS AND TREATIES 
cate to him the documents required for assessing the 
industrial design. 
(3) If the employer does not file an application 
for the industrial design within three months as from 
receipt of notification of creation of the indusnial 
design. the creator may file an application. Both the 
employer and the creator shall be required to main­
tain the secrecy of the industrial design with respect 
to third parties. 
(4) Any creator who has created an industrial 
design under an employment relationship shall be 
entitled to appropriate remuneration from his 
employer. In order to assess the amount of remuner­
ation. the benefit obtained from possible working or 
other use of the industrial design. together with the 
material contribution by the employer to the crea.tion 
of the design and the extent of the creator's service 
obligations shall be taken into consideration. \\tnere 
remuneration that has already been paid is obviously 
no longer proportionate to the benefit obtained from 
working or other subsequent use of the industrial 
design. the creator shall be entitled to additional 
remuneration. 
45. Termination of the employment relationship 
between the creator and the employer shall not prej­
udice the rights and obligations deriving from the 
provisions of Section 44. 
~6. The name of the creator shall be mentioned 
in the application for an industrial design. 
47. An appllcation for an industrial design may 
relate to a single feature of the appearance of the 
product or to anum ber of features of the appe:arance 
of products of the same kind that are similar or are 
intended for joint use (cumulative application for an 
industrial design). 
Right of Priority 
48.-( 1) The priority right of the applicant shall 
begin with the filing of the application for an indus­
trial design. 
(2) The prioriry right under the international 
treatylS must already be claimed by the applicant 
in his application for an industrial design: the appli­
cant must furnish evidence of his right within three 
:~ See iootno!e 3. supra. INDUSTRIAL PROPERTY -SEPTEMBER 1991 
months as from filing of the application. failing 
which his right shall not be taken into consideration. 
49. The Office may recognize the priority right 
for micles displayed at an exhibition held on the 
territory of the Czech and Slovak Federal Republic 
as from the moment of introduction of such ani­
cles into the exhibition. on condition that an applica­
tion for an industrial design in respect of the 
displayed anicle is filed with the Office within three 
months as from the close of the exhibition. 
Procedure for an Application 
for an Industrial Design 
50. Where legal proceedings in respect of the 
right to file an application for an industrial design 
l,ave been instituted before a compe!em organ. the 
.Jffice shall continue the procedure with respect to 
the application, but shall not give its decision until 
the competent organ has taken its decision. 
51.-( 1) The Office shall examine the application 
for an industrial design and the industrial design that 
is the subject maner of Ihe application. 
(1) If the application for an industrial design does 
not satisfy the conditions stipulated. the Office shall 
invite the applicant to remedy any defects. If ~he 
applicant does not remedy the defects within the 
stipulated time limit. the Office shall re;-minate the 
procedure concerning the application. The anention 
of the applicant shall be drawn to such consequence 
of failure to comply when the time limit is stipu­
lated. 
(3) The Office may invite the applicant to prove 
that the industrial design is susceptible of industrial 
?plication by producing the subject maner of the 
application; failing such proof. the industrial design 
shall be deemed not to be susceptible of industrial 
application. 
52.-{ 1) If the subject matter of the application 
satisfies the conditions for re£istration in the Indus­
trial Designs Register. the Office shall register the 
design in the Register and the applicant shall there­
upon become the owner of the industrial design. The 
Office shal1 issue to the owner an industrial desi£n 
certificate in which the name of the creator shall be 
mentioned. 
l::!) The Office shall publish 3 notice of the regis­
tration of an industrial design in the Official 
CZECHOSLOVAKIA -Text 1-00~. page 010 IP/N/lICZE/IIl 
Page 11 
LA,. WS AND TREATIES 
Bulletin. At the request of the owner of the industrial 
design. the Office shall postpone publication of the 
registration: the person making the request shall be 
required to pay an administrative fee in accordance 
with the relevant statutory provisions.16 
(3) If the conditions for registering an industrial 
design have not been met. the Office shall reject the 
application. The applicant shall be given the possi­
bility of submining observations on the documents 
on the basis of which the decision on the application 
is to be taken. before rejection. 
53.-( 1) Tne Office shall transfer the industrial 
design certificate to the person who is the creator of 
the industrial design in accordance with the decision 
taken by the court. 
C~) If the organ competent to hear a dispute with 
regard to the right to file an application for an indus­
trial design decides that the right belongs to another 
person. the Office shall replace the name of the 
ov-·ner of the industrial design with the name of such 
other person. 
54.-( 1) The term of an industrial design registra­
tion shall be five years as from the filing date of the 
application. 
(1) The term of an industrial design registration 
may be extended by the Office for a :naximum of 
[WO t'h'e-year periods. 
(3) Extension of the term of an industrial design 
registration may only be requested by the owner 
during the final ye3.I of the current tenn. 
Chapter III 
Effect of Industrial Design Registration 
55. The owner of an industrial design shall have 
the exclusive right [0 work the design. to authorize 
Others to work it or to assign it to others. 
56. The person working an industrial design shall 
me::n the person who manufactures a product using 
the industrial design as a model or who imports or 
places such product on the market in the frame\l.'ork 
of his economic activity. 
lto See ioolnole .!. supra. 
CS IP/N/1/CZE/I/1 
Page 12 
INDUSTRIAL PROPERTY -SlPTE.\1BER 1991 
57.-(1) The authorization to work an industrial 
design protected by a cenificate (license) shall be 
given by license contract. 
(2) The license contract shall have effect in 
respect of third panies as from its entry in the Indus­
trial Designs Register. 
58. Assignment of an industrial design shall be 
effected by written contract that shall take effect in 
respect of third panies as from its entry in the Indus­
trial Designs Register. 
Joint Ownership of Industrial Design 
59.-{ 1) Where the rights deriving from one 
industrial design belong to more than one person 
(hereinafter referred to as "the joint owners"). the 
relationship between such persons shall be governed 
by the general rules of law on shares in joint owner­
ship.l; 
(2) Unless otherwise agreed by the joint owners. 
each of them shall have the right to work ~he indus­
trial design. 
(3) Unless othe; .. l,;ise agreed. the conclusion of a 
license contract shall require. in order to be valid. 
the consent of all joint owners: each of the joint 
owners may independently take ac:ion against 
infringement of the rights deriving from the indus­
trial design. 
(4) Assignment of the industrial design shall 
require the consent of all joint owners. Failing the 
consent of the Olher joint owners. each joint owner 
may only assign his share to another joint owner: 
assignment to a third parry may only be effected if 
none of the joint owners has accepted a written offer 
oi assignment within a period of one month. 
LimilGTion of EffeCT of IndUSTrial Design 
60.-( 1) The registration of an industrial design 
shall not have effect against a person (hereinafter 
referred to as "the prior user") who has already 
worked the design independe;1tly of the creaIOr or 
owner or who has made preparation therefore thac he 
can prove. before the priority right arose. 
. ~ See iootnotc: 2. supra. LAWS AND TREATIES 
(2) The prior user may request the owner of the 
industrial design to recognize his right as a prior 
user. 
Lapse of Industrial Design 
61. The right in an industrial design shall lapse: 
(a) on expiry of the term of validity of its regis­
tration: 
(b) on relinquishment by the owner of the indus­
trial design: in such case. the right shaH terminate as! 
from the date on which the Office receives a written 
declaration by the owner of the industrial design. 
CancellaTion of IndUSTrial Design 
62.-( 1) Tne Office shall cancel an industrial 
design if it ascenains. after registration. that the 
conditions for registering an industrial design laid 
dov,.'n by this Law were not met. 
(2) The Office may cancel an industrial design on 
its own initiative or on request. 
(3) Cancellation of an industrial design shall have 
rerroacive effect to the date on which the registra­
tion of the design took effect. 
(.1) A request for cancellarion of an industrial 
design may be filed even after lapse of the term of 
validity of its registration if the person filing the 
request can prove a Jegal interest. 
PART THREE 
COM~10N PRovlS10~S ON PROCE~L:RE 
BEFORE THE OffiCE 
AdminislraTl\'e Procedure 
63.-{ 1) The general starutory rules on administra­
tive procedure shall apply to procedure before the 
Office. subject to the exceptions laid down by this 
Law and excluding the provisions on suspension of 
procedure. declarations of honor. time limits for 
decisions and me~sures in the event of failure to 
JCt. :6 
(2) The Office shall Jevy administrative fees;9 
for acts carried out in connecrion with the procedure 
:~ Sections '::9. 39. ':9 and 50 of Ihe LJW on .Adminislf:l· 
tive ?:ocedure (Administr:nive Re~ul:ltionSI l~O. '711196i of :he 
Collection l. -
:~ See footnote .:. ,Hlpra. 
CZECHOSLOV.~K1A -Tt!x[ I·OO:!. D3~e 011 INDUSTRIAL PROPERTY -SEPTEMBER /99/ 
laid down by this Law. The person requesting the 
procedure under Sections 23. 62 and 68( I) and C:!) 
shall be required to deposit a security for the cost of 
the procedure; such security shall be refunded to the 
person filing the request if the request is substanti­
ated by the procedure. 
Suspension of Procedure 
64.-{ 1) If one of the parties to a procedure does 
not comply with an invitation by the Office within 
the stipulated time limit. the Office may suspend the 
procedure. 
(~) The Office may also suspend the procedure at 
the request of one of the parties: a request for 
suspension of the procedure may not be withdrawn. 
Excusing Failure TO Comply WiTh a Time Limit 
65.-( 1) The Office may excuse failure to comply 
with a time limit on legitimate grounds if a pany to 
the procedure so requests within t',l,;O months of the 
day on which the reason for failure to comply has 
ceased to exist. provided that the omined act has 
been performed within that period and that the 
administrative fee in accordance with the relevant 
statutory provisions::o has been paid. 
<:) Failure to comply with a rime limit may not 
be excused after expiry of a period of one year as 
from expiry of the period \vithin \vhich the act 
should have been perfonned: failure to comply with 
a time limit for clalming and proving l priority right 
or for filing a request for full examination or an 
application for an invention or a request for continu­
ation of the procedure under Section 28(3) may like-
e not be excused. 
(3) Rights acquired by third parties between the 
date of expiry of the time limit that has not been 
complied with and the date on which the f2ilure to 
comply was excused shall not be affected. 
Inspecrioll of Fiies 
66. The Office may allow third panies to inspect 
the files. provided that they prove a legal interest 
therein. Prior to publication of an application for an 
invention or prior to public:Hion of ihe notice of 
CZECHOSLOVAKIA -Text 1-002. page 01 ~ IP/N/1/CZE/l/l 
Page 13 
LA \VS A.ND TREA. TIES 
registration of an industrial design. only the name of 
the inventor or the creator of an industrial deshm. 
the name of the person filing an application for -an 
invention or an application for an industrial design. 
the paniculars relating to the priority right, the title 
of an application for an invention or of an applica­
tion for an industrial design and the data serving to 
identify the application may be communicated to 
th.ird parties. 
Procedure for DeclaraTory Judgment 
6i.-(1) At the request of any person proving a 
legal interest therein. the Office shall detennine 
whether the protection deriving from a given patent 
extends to the subject matter stated in the request or 
whether the protection deriving from a given regis­
tered industrial design extends to the appearance of 
the product depicted or described in the request. 
(2) The declaratory judgment given by the Office 
shall be binding on the couns and on all other State 
organs and may not be examined even as a prelimi­
nary matter. 
Appeais Procedure 
68.-( 1) Decisions taken by the Of tiC!. with the 
exception of declsions on excusing failure to comply 
\l.:lrh a time limit under Section 65. may be appealed 
from within one month of service of their notifica­
tion. 
(2) Decisions on appe~l shall be taken by the 
President of the Office on a proposal by an expe:1 
commission established by L~e President. 
(3) Any declsion given in an appeals procedure 
under Sections 20. 23, 62 or 6i may be appealed 
from before a coun.:1 
Parent Register. IndUSTrial Designs 
Register and Official Builez:'n 
of the Office 
69.-{ 1) Tne Office shall keep a Patent Register 
and an Indusuial Designs Register for the purpose of 
entering the panicuJars of decisive importance reJe­
vant to applications for inventions. appJic:nions for 
industrial designs. the procedure relating to such 
:l Section 2..!..! of the Code oj Civil Procedur::. 
cs IP/NIlICZE/II 1 
Page 14 
INDUSTRIAL PROPERT! -SEPTE!-1B£R 1991 
applications and the reJevant particulars of decisive 
importance concerning granted patents and registered 
industrial designs. 
(2) The Office shall publish an Official Bulletin 
which shall contain, inter alia. all panicuJars 
concerning published applications for inventions. 
granted patents, registered industrial designs and 
other particulars relating ro inventions and industrial 
designs. as also official notices and leading deci­
sions. 
Represe17larion 
iO.-( 1) Persons who do not have their place of 
residence or headquarters on the territory of the 
Czech and Slovak Federal Republic must be repre­
sented in proceedings before rhe Office in respect of 
applications for inventions and for industrial designs 
by a representative in accordance with the relevant 
statUtory provisions:~ or a patent agent approved 
by the Office. 
(2) The requirements of subsection (1) shall also 
apply to persons referred to in Section 24(2) in 
connection with the filing of international applica­
tions. 
Secret Im'enriolls and Industrial Designs 
il. \Vith the exception of the provisions on 
publication. the provisions of this Law shall apply to 
procedures with respect to inventions and industrial 
designs kept secret under the relevant statutory 
provisions. :3 
PART FOCR 
RA 1l0~ALlZA nON PROPOSALS 
72.-( 1) A rationalization proposal shall be any 
technical improvement of a manufacturing or opera­
tional nature and any solution to a problem of safety, 
protection of health at work or protection of the 
environment: the rarionalizator shall have the risrht 10 
dispose of his proposal. -
:: Law of the Czech ~ational Counc:) on the proiession oi 
law~'er ~So. ) :811990 ot" the Colleclion). 
Law of the Slovak ~alional Council on commerci:ll law\'ers 
and le2al assistance oifered bv them C-,Jo. 13211990 of' :he 
ColleClfon). • 
:J Liw on the P:"olec!lon of Slate Secrecy (:-Jo, 102119il 
of the Collection) in .he wordine of LJw ~o: 383/1990 of the 
Collec:ion. -LA WS A."iD TREATIES 
(2) No right may derive from a rationalization 
proposal if rights deriving from :1 patent or a regis­
tered industrial desi gn constitute an obstacle thereto. 
73.-{ 1) A rationalizator shall offer to his 
employer his rationalization proposal if it falls within 
the scope of his employer's work or activities. 
(2) The rationalizator shall have the right to 
dispose unrestrictedly of his rationalization proposal 
if his employer does nor conclude. an agreement for 
the acceptance of the offer of the rationalization 
proposal and the corresponding remuneration within 
two months as from receipt of the offer (Section i4). 
74. The right to exploit a rationalization proposal 
shall begin on conclusion of the agreement of accep­
tance of the offer of the rationalization proposal and 
the corresponding remuneration between the 
employer and the rationaIizator. 
PART FI\'E 
CO~1MON, TR.!...~SlnO:-':.~L A1'JD FI:-': . .;L PRO\'lSjO~S 
Infringement of Righ:s 
is.-(1) Any person suffering a prejudice due re 
infringement of rights protected under this Law may. 
in panicular, request prohibitlon of the infringement 
of his rights and suppression of the unlawful conse­
quences thereof. If damages have bee:] incurred 
through the infringement. the injured party shall be 
entitled to claim indemnification: the indemnification 
shall consist in the loss of value suffe:ed· by the 
injured pany's propeny by reason of the prejudice 
(actual prejudice) and of the profits that the injured 
pany would have obtained but for the prejudice (loss 
of profit). If the infringement causes an imm3terial 
prejudice. the injured party shaH be entitled to appro­
priate compensation which may, depending on the 
circumstances. consist of a monetary indemnity. 
(2) Disputes arising from legal relationships with 
respect to inventions. industrial designs and rational­
ization proposals shall be heard and dedded by the 
couns or by economic arbitration boards. as appro­
priate. except where this Law affords jurisdiction to 
the Office. 
Relarions wiTh F oreigll C ounrr:"es 
i6.-( 1) Persons havin2 neither domicile nor 
he:ldqu:meres on the [errirory of the Czech and 
CZECHOSLOVAKI..; -Text l·001. ;:>:lge 0 J INDUSTRIAL PROPERTI' -SEPTE.""1BER 1991 
Slovak Federal Republic shall enjoy the same rights 
and obligations as Czechoslovak citizens In those 
cases where there is reciprocity. 
(2) The provisions of international treaties by 
which the Czech and Slovak Federal Republic is 
bound shall not be affected by this Law. 
TransiTional Pron'sions 
11. Procedures in respect of applications for 
discoveries that have not been completed on entry 
into force of this Law shall be compieted in accor­
dance with prior law. 
78.-(1) Applications for in\'entions for which no 
decision has been taken prior to entry into force of 
this Law shall be processed in accordance Wilh the 
visions of this Law. whereby the Office shall 
carry out a full examination ex officio. 
(2) In the case of inventions governed by the 
provisions of Sec~ion 2S( a j of Law No. 84/1972 of 
~he Collection. the right to the patent shall belong to 
:he employer if he files :m application for a patent 
within three months as from er.try into force of this 
L::.w. The inventor shall be entitled la appropriate 
remuneration from the employer under Section 9(2) 
of this Law. If the employer does not apply for grant 
of a patent within that per~od. the right to the ;Jatent 
shall be deemed to belong to the employee. 
(3) Tne rights of third parties shall not be 
affected in tJ1e event of working of the subject matter 
of an application for an invention under subsections 
(1) and (2). prior to the entry into force of this Law. 
in accordance with the provisions of prior law. Tne 
inventor's right to receive remuneration for working. 
i..-accordance with such provisions. the subject 
1 •• _Lter of an application for invention requesting the 
issue of an inventor's certificate under prior law 
shall not be affected. 
i9. Tne Office shall grant a patent on a request 
for recognition of 3.n inver.ror· s certificate filed in 
acordance with an international treaty.:': prior to 
entry into force of this L3.w. provided that the appli-
:~ Decree of :he .\1inisler for roreis:n Aff::!irs of the 
Czechoslov:lk Socialist Republic on :he Agreement on .he ~1utu:l1 
Reco2nilion of !nvenlors' C ~:1iric:lles and Other Titles of ?rolec· 
lion for In\lenlions (~o. 1·331l9i8 of the Collec:ioni (for the leXI 
of the Acreemenl. !'ee Indus.riol Prnpfrr.· Laws alld Treoties. 
\1LLTIL.i.TER.~L TREAT1ES -Text :-OO~). 
CZECHOSLOVAKIA -Text l-OO~. p:lge 01~ IP/NIl/CZE/II 1 
Page 15 
LA \VS AND TREATIES 
cant makes the application for recognitIon of an 
inventor's cenificate comply with the conditions for 
granting l patent within six months as from entry 
into force of this Law, If the applicant fails to do so. 
the Office shall terminate the procedure. 
80.-( 1) Applications for industrial designs' on 
which no decision has been taken prior to entry into 
force of this Law shall be processed in compliance 
with the provisions of this Law. 
(2) The employer of a cre3tor of an industrial 
desigp. for which an application has been filed. 
created under the provisions of Law ~o. 84/1972 of 
the Collection, shall be entitled to file the application 
jf he submits a request to be entered as the applicant 
within three months of the entry into force of this 
Law. The creatOr shaJ) be entitled to receive from 
the employer remuneration in accordance with 
Section 4-t(4) of this Law. If the employer does noe 
submit a request to be ente;-ed as the applicant within 
that pe:iod. the registration of the industrial design 
shall be deemed to have been applied for by Ihe 
creator of the industrial design. 
(3) The rights of third panies to exploit [he. 
subject matter of applications for industrial designs 
referred to in subsections (1) and (~) that began prior 
to entry into force of this Law under the provisions 
of prior law shall not be affected. Tne right of the 
cre:ltor to receive remuneration for exploitation under 
the ?rovisions of prior law shall not be affected. 
81.-( 1) An inventor's certificate issued under 
L1w :\0. 8.!11972 of the Collection shail terminate 
on expiry of the fifteenth year as from the filing date 
of the appjication. However. its tenn of validity shall 
not terminate earlier than one year after the emry 
into force of this Law: ~1aintenance of the validity 
of the inventor's cer.ific3te after the expiry of one 
year as from the entry into force of this Law shall be 
subject to payment of an administrative fee in accor­
dance with the relevant starutory provisions.~ 
(2) An industrial design cenific3te issued under 
Law ~o. 84/1972 of the Collection shall tenninate 
on expiry of the fifth year as from the fiiing dare of 
the applic:nion: on request. the Office shall extend 
the te;m of validity of the industrial design ceniti­
cate for a funher five-year period. However. the 
term of validity of the certific3te shall ;"lot terminate 
:.,' See footnote J. SlIpra. 
cs IP/N/I/CZE/l/l 
Page 16 
INDUSTRIAL PROPERTY -SEPTEMBER 1991 
earlier than one year after the entry into force of this 
Law. Submission of the request shall be subject to 
payment of an administrative fee in accordance with 
the relevant statutory provsions.:6 
(3) . .\11 organization which possesses or has 
obtained. under prior law. the right to use an inven­
tion or industrial design shall have the same rights as 
the owner of a patent or of an industrial design. 
-(4) Any person who has made. in circumstances 
other than those laid down in Section 28(a) of Law 
~o. 84/19i2 of the Collection. an invention that is 
protected by an inventor's cenificate granted under 
prior law and of which the right to dispose belongs 
to an organization or has been obtained by an orga­
nization. but which has not been worked by that 
organization, shall have the right to request the 
Office, at any time during the tenn of validity of the 
inventor's certi!lcate. to transfonn the inventor's 
ceI1ificate into a patent. Transfonnation of an inven­
tor's cenificate into a patent shall be subject to 
payment of an administrative fee. Tnis provision 
shall be set out in more detail in the Regulations. 
(5) The inventor or the creator of an industrial 
design shall have the right to expioit the right in the 
invention or in ~he industrial design. as appropriate. 
within the fra.rnework of his enterprise. if the inven­
tion protected by an inventor's cenificate has not 
been made in accordance with the provisions of 
Section 2S( a) of Law No. 84/1972 of the Collec:ion 
or if the indusrn::.l design protected by an inventor's 
certificate has not been created under the orovisions 
of Section 82 of that Law.:' . 
CS (6) If an organization having the rights referred 
to in subsection (3) does not pay the adminisrr:Hive 
fee for maintai:1ing the inventor's cenific::.re in 
accordance wltn the relevant statutory provi­
sions:s or does not submit a request for entry in 
the Industrial Designs Register within six months of 
expiry of the period laid down in subsection (1). the 
right shall revert to the owner of the patent or indus­
trial design provided he performs those actS within 
::m additional period of six months. Failure la comply 
with this time limit may not be excused. 
;6/bid. 
:~ Code of the ~:onomy (LJw :--:0. 10911964 of the C:>Jle:· 
lion) in its current 'J.,'ordin2. uw on Cilizer.s· PrrV<lle Enterprise (No. 105/1990 of the 
Collection ). 
:s See footnote .!. supra. LAWS AND TREATJE 
82.-{ 1) At the request of the owner of a patent 
granted abroad and of which subject matter falls 
under Section 28( b) and ( c) of Law ~o. 84/1972 of 
the Collection. the Office may grane a priority right 
in accordance with the international treaty=:9 for 
an application for an invention filed in the Czech 
and Slovak Federal Republic after expiry of the time 
limit laid down in that treaty. 
(2) The request referred to in subsection (1) must 
be submitted when the application for the inventign 
is filed and a document cenifying grant of a patent 
abroad must be furnished within 12 months of entrv 
into force of this Law. -
(3) Tne Office shall not grant a patent on an 
application for an invention filed under sub­
section (2) if 
(a) the applicant has not submitted a document 
cenifying the authorization given in any country for 
the sale or manufacture of the subject matter of the 
patent; 
(b) if the applicant has not submitted a document 
cenifying authorization to sell or manufacmre the 
subject marter of the patent in the Czech and S}ova.i.( 
Federal Republic given by the competent 
Czechoslovak body on 3. request submitted ·J.,'iLi1in six 
months of grant of the authorization for sale or 
manufacture of L1e subject matter of the patent in 
any country: 
(c) the subject matter of the pate:1t granted 
abroad has not been placed on the market in the 
Czech and Slovak Federal Re?ublic prior to tiling of 
the application in accordance with subsections (1) 
and (2). 
(4) After submitting a request under subsections 
(1) and (2), the owner of 3. patent issued abroad must 
produce the documents referred to in subsection 
(3)(a) and (b) within three months as from their 
issue and. at the latest. before expiry of the term of 
validity of the patent in accordance with subsec­
tion (5). 
(5) The tenn of validity of a patent gr..nted as ::. 
result of an application submitted in accordance with 
subsection (2) shall be 16 years as from the priority 
date afforded to it. 
(6) Failure to comply with the time iimits set out 
in subsections (2). (3)(0) and (b) and (4) may not be 
excused. 
:9 See footnote 3. supro. 
CZECHOSLOVAKIA- T~xt l-OO~. page ( INDUSTRIAL PROPERTt -SEPTEMBER 1991 
CS earlier than one year after the entry into force of this 
Law. Submission of the request shall be subject to 
payment of an administrative fee in accordance with 
the relevant statutory provsions.:6 
(3) An organization which possesses or has 
obtained, under prior law, the right to use an inven­
tion or industrial design shall have the same rights as 
the owner of a patent or of an industrial design. 
. (4) Any person who has made. in circumstances 
other than those laid down in Section 28(a) of Law 
~o. 84/1972 of the Collection. an invention L'1at is 
protected by an inventor's certificate granted under 
prior law and of which the right to dispose belongs 
to an organization or has been obtained by an orga­
nization. but which has not been worked by that 
organization. shall have the ri ght to reQuest the 
Office. at any time during the te~ of validity of the 
inventor's certificate. to transform the inventor's 
certificate into a patent. Transformation of an inven­
tor's cenificate into a patent shall be subject to 
payment of an administrative fee. Tnis provision 
shall be set OUt in more detail in the Regulations. 
(5) The inventor or the creator of ar} industrial 
design shall have d1e right to exploit the right in the 
invention or in the industrial design. as appropriate, 
within the framework of his enterprise. if the inven­
tion protected by an inventor's certificate has not 
been made in accordance with the provisions of 
Section 28( a j of Law No. 84/1972 of the Collec:ion 
or if the industri:d design protected by an inventor's 
certificate has not been created under the provisions 
of Section 82 of that Law.:' 
(6) If 311 off!anization havin£! the n£hts referred 
to in subsection- (3) does not p;y the adminisrr:nive 
fee for maintaining the inventor's cenific:ue in 
accordance with the relevant statutory provi­
sions:! or does not submit a request for entry in 
the Industrial Desi£:ns Re£!ister within six months of 
expiry of the period laid down in subsection (l). the 
right shall revert to the owner of the patent or indus­
trial design provided he perfonns those acts within 
an additional period of six months. Failure lO comply 
with this time limit may not be excused. 
:6 Ibid. 
:~ Coce of the Economv (Llw ~o. 109/1964 oi the Collec­
tion) in its curre:H wordim!: uw on Citizens' ?rrv3le Enterprise (No. 10511990 of the 
Collection ). 
:, See footnote .!. supra. IP/N/1/CZE/IIl 
Page 17 
LA WS AND TREA TIES 
82.-( 1) At the request of the owner of a patent 
granted abroad and of which subject matter falls 
under Section 28(b) and (c) of Law ~o. 84/1972 of 
the Collection. the Office may grant a priority right 
in accordance with the international treatv:9 for 
an application for an invention filed in the ~ Czech 
and Slovak Federal Republic after expiry of the time 
limit laid down in that treaty. 
(2) The request referred to in subsection (1) must 
be submitted when the application for the inventign 
is filed and a document certifying grant of a patent 
abroad must be furnished within 12 months of entry 
into force of this Law. 
(3) The Office shall not grant a patent on an 
application for an invention filed under sub­
section (2) if 
(a) the applicant has not submitted a document 
certifying the authorization given in any country for 
the sale or manufacture of the subject matter of the 
patent; 
(b) if the applicant has not submitted a document 
cenifying authorization to sell or manufacture the 
subject matter of the patent in the Czech and Slovak 
Federal Republic given by the competent 
Czechoslovak body on a request submitted ',.l.,·iL~in six 
months of grant of the authorization for sale or 
manufacture of the subject matter of the patent in 
any country: 
(c) the subject maner of the patent granted 
abroad has not been placed on the market in the 
Czech and Slovak Federal Republic prior to filing of 
the application in accordance with subsections (1) 
and (2). 
(4) Afrer submining a request under subsecrions 
(1) and (2), the owner of a patent issued abroad must 
produce the documentS referred to in subsection 
(3)(a) and (b) within wee months as from their 
issue and. at the latest, before expiry of the term of 
validity of the patent in accordl.!"1ce with subsec­
tion (5). 
(5) The term of validity of a patent granted as a 
result of an application submitted in accordance with 
subsection (2) shall be 16 years as from the priority 
date afforded to it. 
(6) Failure to comply with the time iimits set our 
in subsections (2). (3)(a) and (b) and (4) may not be 
excused. 
:9 See footnole 3. supra. 
CZECHOSLOVAKI.~- T~xt 1-00~. page 015 IP/N/1/CZE/I/l 
Page 18 
INDUSTRIAL PROPERTY -SEPTE.\.1BER 1991 
83. Prior law shall apply to legal relationships 
deriving from patents for inventions and patents for 
indusnial designs granted before the entry into force 
of this Law. 
84. The working of an invention protected by an 
inventor's certificate or an indusnial design protected 
by a certiiicate. under prior law which began before 
entry into force of this Law or working which was 
authorized on a contractual basis before entry into 
force of this Law shall not constitute an infringement 
of Lr,e rights of the owner of the patent. The right of 
the inventor to remuneration for such working shall 
not be affected. 
85.-{ 1) The processing of applications for ratio­
nalization proposals not tenninated before the entry 
into force of this Law shall be completed in accor­
, "'lce with this Law. it being understood that the 
••• !le limit laid down in Section 73(2) shall begin to 
run on the date of entry into force of this Law. 
(2) Prior law shall be applicable to legal relation­
ships deriving from rationalization proposals on 
which a favorable decision has been given before 
entry into force of this Law. it being understood that 
the !enn of validity of a rationalization certificate 
shall be three years as from the entry into force of 
this Law, 
86.-( 1) Claims to remuneration for a discovery 
or for working an invention, an industrial design or a 
rationalization proposal. claims for reimbl!rsement of 
the appropriate cost of preparing drawings. models 
or prototypes. for the spL-it of initiative in participa­
rion in the execution, trials and implementation of 
discoveries, inventions. industrial designs or rational­
ization proposals. as also claims to remuneration for 
wing anention to the possibility of using an 
ulvention or rationalization proposal. that originated 
before the entry into force of this Law shall be 
governed by prior law. 
(2) wnere an invention. protected by an inven­
tOr's cenificate and for which an organization has 
obtained in accordance with Section 81 (3) of this 
Law the rights of the owner of a patent. is worked 
after the entry into force of this Law, the organiza­
tion shall pay to the inventor remuneration in ac­
cordance with Section 9(4) of this Law. \vnere an 
industrial design. protected by a cenificate and for 
which an organization has obtained in accordance 
with Section 8] (3) of this Law the rights of an 
CZECHOSLOVAK1A -Text 1-002. page 016 LAWS ~'iD TREATIES 
industrial design cenific3te holder, is worked after 
the entry into force of this Law, the organization 
shall pay to the holder of the industrial design remu­
neration in accordance wi th Sec~ion 44( 4) of this 
Law. 
(3) Claims to remuneration for working a ratio­
nalization proposal for which a rationalizator's 
cenificate has been issued and that originated before 
the entry into force of this Law shall be governed by 
prior law. 
87. Thematic tasks announced before the entry 
into force of this Law shall be governed and treated 
in accordance with prior law. 
Empowering, Repealing and Final Provisions 
88.-(1) The Office shall set out in detail. by 
Decree, the procedure in matters of inventions and 
industrial designs. 
(2) ~ew methods of prevention. diagnosis and 
treatment of human diseases shall be the subject of 
certificates. Details shall be laid down by decree of 
the ~inistry of Health of the Czech Republic and the 
~1inistry of Health of the Slovak Republic. in agree­
ment with the Office. 
(3) ::Jew methods of prevention. diagnosis and 
treatment of animal diseases and new methods for 
the protection of plarns against pests and dise:;.ses 
shall be the subject of certificates. The details shall 
be set out by decree or the Yfinistry of Agriculrure 
of the Czech Republic and the Ministry of Agricul­
ture of the Slovak Republic. in agreement with the 
Office. 
89. The following instruments are hereby 
repealed: 
1. Law No. 8..1/1972 of the Collection on discov­
eries. inventions. rationalization proposals and indus­
trial designs: 
2. Decree ~o. 10..1/1972 of the Collection on the 
procedure relating 10 discoveries. inventions and 
industrial designs: 
3. Decree No. 105/1972 of the Collec~ion on 
rationalization proposals: 
4. Decree No. 107/19,2 of the Collection on iela­
lions with foreign countries in matters conceming 
foreign inventions and industrial desjgns: 
5. Decree No. 93i1972 of the Collection on the 
conciliation procedure in disputes concerning remu-
cs INDUSJRIAL PROPERTY -SEPTEMBER 1991 
CS neration for inventions. rationalization proposals and 
industrial designs; 
6. Decree No. 27/1986 of the Collection on 
remuneration for discoveries. inventions. rationaliza­
tion proposals and industrial designs; 
7. Decree No. 28/1986 of the Collection on the 
administration of inventions. rationalization proposals 
and indusoial designs and on their planned utiliz.a­
tion in the national economy; IP/N/lICZE/l/l 
Page 19 
LAWS A.~D TREATIES 
8. Decree No. 29/1986 of the Collection on the 
planning of thematic tasks; 
9. Decree No. 68/1974 of the Collection deter­
mining exceptions to the provisions of Law No. 
84/1972 of the CoUection on discoveries. inventions. 
rationaliz.ation proposals and industrial designs. 
90. This Law shall enter into force on January 1. 
1991. 
CZECHOSLOVAKIA- Text 1-002. page 017 