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Registration of Industrial Designs in the Czech Republic PowerPoint Presentation
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Registration of Industrial Designs in the Czech Republic

Registration of Industrial Designs in the Czech Republic

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Registration of Industrial Designs in the Czech Republic

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  1. WWW.UPV.CZ Registration of Industrial Designs in the Czech Republic INDUSTRIAL PROPERTY OFFICE of the Czech Republic Industrial Designs Section

  2. Patent Department the Organisation Chart

  3. Patent Department About the Designs Division The head of the division 3 examiners • The target: 243 final registration decisions per examiner/year • The average time from filing to registration or negative decision (2007): 7.6 months • The target for 2008: max. 6 months from filing to registration (5 months in 2009; 3 months to the first action).

  4. Patent Department the Division’s Purview • registration of industrial designs • supervision of national legislation • international activities (OHIM, WIPO)

  5. Patent Department National Legislature • Law No. 207/2000 Coll., on the Protection of Industrial Designs • guidelines for registration proceeding • no claim • no disclaimers • no opposition procedure

  6. Patent Department The rights valid on the territory of the Czech Republic The national registrations (since 1962) The registrations of Community designs (since May 2004) The international registrations under Geneva Act of Hague Agreement where EU is designated as the Contracting Party (since January 2008)

  7. Patent Department Design Registrations • protection granted to the appearance of products • first-to-file system • formal and substantive examinations • validity 25 years (maintenance fees) • 2007 figures: - design applications / designs in applications 354 / 1105 - registrations / designs in registrations 279 / 918 - valid registrations (by 12/31/2007) 4883 (3 designs per registration in average)

  8. Patent Department the Full Substantive Examination - the Service to the Public: • stipulated by law • service with added value (registration + substantive examination) • prevention of the threat of infringement or invalidation • - favourable charges • - filing fees - 1st design CZK 1000,- (EUR 40,-) • - 2nd and next CZK 600,- (EUR 24,-)

  9. Patent Department We serve to the Public: • half fees for applying designers • no publication fee • no fee for speeding-up registration proceeding • (upon written request) • - no fee for deferred publication (up to 30 months)

  10. Patent Department Design Application Procedure 1. Filing / Receiving of Applications 2. Formal Examination of Applications 3. Substantive Examination of Applications 4. Decision on Applications 5. Other (optional) Official Actions

  11. Patent Department 1. Filing / Receiving of the Application • Administration Department: • Accepting Registration - enterring bibliographic data in internal database (SyPP) • Checking the filing fees • Forwarding the application to the Designs Section

  12. Patent Department 2. Formal Examination of Applications • Designs Section: • Classification of Application Subject-Matter • International (Locarno) Classification of Industrial Designs • Formal examination • Requirements constituting the filing date • applicant’s details • representations of at least one design in the application, which is properly disclosed and the representations are reproducible • declaration of the applicant that he/she requests the registration of the design in the national register (signature)

  13. Patent Department 3. Substantive Examination of Applications • Designs Section: • Searching • Examination • Communication to the applicant • Decision

  14. Patent Department 3. Substantive Examination of Applications • Searchingconsidering the relevant state of art • Search Tools • On-linedatabases • Internet search • Search in paper in the Office archive

  15. Patent Department 3. Substantive Examination of Applications • Examinationfulfilment of substantive requirements • Compliance with the definition of the industrial design • Novelty • Individual character • Prior right • Not contrary to moral rules or public order

  16. Patent Department 4. Decisions on Applications • Communication to the Applicant - substantive objections - formal deficiencies • - application meets substantive and formal requirements • the legal remedy against Office decision •  Appeal Requirements not fulfilled by applicant / the defects of an application not removed • DECISIONS refusal of application  termination of procedure • Registration in the National Register • Decision on the appeal

  17. Patent Department 5. Other (optional) Official Actions • Design Application Procedure - basic data changes in the register (changes in persons, their addresses, etc.) - registration of licence agreements • Procedure after registration - proposal on invalidation of the registration • AdministrationDept • Patent Dept

  18. Design Division Patent Department Industrial Property Office of the Czech Republic (+420) 220 383 447lcelisova@upv.czhttp://www.upv.cz ?