Intellectual and industrial property

motiv článku - Intellectual and industrial property The text focuses on protection of intellectual property. It deals with the intellectual property system describing various types of intellectual property rights, and with issues related to industrial ownership, mainly patents and utility models.

Legal requirements

Copyright law regulates relations that occur as a result of creative human activity. The subjects of intellectual property are intangible articles. Intellectual property rights are absolute rights in effect towards all other entities.

Generally, intellectual property means rights for an author''s work and related intangible articles.

According to its characteristics, copyright law can be divided into copyright law and industrial property law.

Overview of the intellectual property system

Rights for results of creative activity

  • Industrial rights (right for an invention, utility model, industrial model, etc.)
  • Copyright

Rights for results of non-creative activity

  • Right of a producer of an audio recording for the recording
  • Right of a producer of an audio and visual recording for the first recording
  • Right of a radio and TV broadcaster for the broadcast, etc.

Identification rights

  • Right for a trade mark
  • Right for identification of origin
  • Right for geographical identification

General personal rights

  • Right for personal protection, which includes above all the right for protection of life, health, civil honour and human dignity, as well as privacy, especially in case of personal exhibitions

Copyright law deals with the exclusive personal right of the author (the meaning is to protect personal interests of the author and his connection to the work) and exclusive property rights of the author (focused mostly on property valuation of the work). Registration or another similar legal act is not needed for protection of copyright.

The basic legal regulation dealing with copyright in the Czech Republic is Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright.

Industrial ownership

Industrial ownership is related to results of technical creative activity (inventions and utility models), subjects of industrial design (industrial models, including design), right for identification (identification of origin and trade mark), integrated circuits (topography of semiconductors), animal breeds, cultivars of plants and methods of treating people and animals.

The legal regulation does not define an invention but defines the conditions for granting a patent. Patents are given for new inventions, results of invention activities and inventions that are industrially usable.

A utility model is a technical solution that is new, goes beyond the framework of simple expert skill and is industrially usable.

Topography of semiconductor products is a series of mutually related depictions, showing a 3-D, permanent layout of levels that the semiconductor product consists of.

An industrial model is the look of a product or its part, consisting especially of marks of lines, outlines, colours, shape of the structure or material of the product itself, or its decoration.

A registered trade mark is any identification that can be graphically depicted, especially words, including proper names, colours, drawings, letters, numbers, the shape of a product or its cover, if such identification can distinguish products or services of one person from product or services of another person.

Identification of origin is the name of an area, a certain location or country used for identifying goods coming from such a location if the quality or characteristics of such goods are specifically or mostly given by specific agricultural environment with its characteristic natural and human factors and if production, processing and preparation of such goods are carried out in a designated area.

Geographical identification is a name of a territory used to identify goods coming from such a territory if the goods are of certain quality, reputation or there are other characteristics that can be assigned to the geographical origin and if production, processing and preparation of such goods are carried out in a designated area.

Administrative procedures

System of protection of rights

The system of protection of rights to articles of industrial property is based on the fact that a state body, the Industrial Property Office, must decide on origination of such rights. Rights for articles of industrial property are entered into registers administered by the office that are open to the public, and are published in the Office''s Journal.

The forms needed for the commencement of the proceedings in front of the Industrial Property Office and the database containing information regarding the registered articles of industrial property.

Resources

The following governmental and non-governmental institutions and web portals offer further information and useful services related to the protection of intellectual property rights.

Personalised help and advice

The Enterprise Europe Network is an extensive network (with 600 host organisations and 4 000 full-time staff) providing information and advice to entrepreneurs through its local partners.

SOLVIT provides entrepreneurs with quick and practical help where they face problems doing business abroad as a result of incorrect application of EU market rules by public authorities.

Legal texts

Document created in co-operation between Your Europe - Business (EU portal for companies) and BusinessInfo.cz.