INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

Registration of Industrial Designs Registration of Industrial Designs in the Czech Republicin the Czech Republic

Registration of Industrial Designs Registration of Industrial Designs in the Czech Republicin the Czech Republic

Industrial Designs Section

INDUSTRIAL PROPERTY OFFICE of the Czech RepublicINDUSTRIAL PROPERTY OFFICE of the Czech Republic

WWW.UPV.CZWWW.UPV.CZWWW.UPV.CZWWW.UPV.CZ

2

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

the Organisation Chartthe Organisation Chart

Patent Department

the President of the Office

the Secretariatto the President

the PersonalDepartment

the Patent Department

the Department of Appeals

the Designs Division

the Vice-president

for TMs and Legal Affairs

the Vice-presidentfor Patent Information

and International

Affairs

3

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

About the Designs DivisionAbout the Designs Division

Patent Department

• 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).

The head of the division The head of the division 3 examiners3 examiners

4

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

the Division’s Purviewthe Division’s Purview

Patent Department

registration of industrial designs

supervision of national legislation

international activities (OHIM, WIPO)

5

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

National LegislatureNational Legislature

Patent Department

Law No. 207/2000 Coll., on the Protection of Industrial Designs

guidelines for registration proceedingguidelines for registration proceeding

no claim no claim

no disclaimersno disclaimers

no opposition procedureno opposition procedure

6

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

Patent Department

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)

The rights valid on the territory of the Czech Republic

The rights valid on the territory of the Czech Republic

7

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

Design RegistrationsDesign Registrations

Patent Department

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

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

the Full Substantive Examination -

the Service to the Public:

Patent Department

- 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

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

We serve to the Public:

Patent Department

- 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

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

Design Application ProcedureDesign Application Procedure

Patent Department

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

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

Patent Department

Accepting Registration

- enterring bibliographic data in internal database (SyPP)

Checking the filing fees

Forwarding the application to the Designs Section

1. Filing / Receiving of the Application 1. Filing / Receiving of the Application

Administration Department: Administration Department:

12

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

2. 2. FormalFormal Examination of Applications Examination of Applications

Patent Department

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)

Designs SectionDesigns Section::

13

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

3. Substantive Examination of Applications 3. Substantive Examination of Applications

Patent Department

Searching

Examination

Communication to the applicant

Decision

Designs Section: Designs Section:

14

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

Patent Department

SearchingSearching considering considering the relevant state of artthe relevant state of art

Search Tools

On-line databases Internet search

Search in paper in the Office archive

3. Substantive Examination of Applications 3. Substantive Examination of Applications

15

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

Patent Department

ExaminationExamination fulfilment of substantive requirementsfulfilment of substantive requirements

Compliance with the definition of the industrial design

Novelty

Individual character

Prior right

Not contrary to moral rules or public order

3. Substantive Examination of Applications 3. Substantive Examination of Applications

16

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

4. Decisions on Applications4. Decisions on Applications

Patent Department

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

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

5. Other (5. Other (optionaloptional) Official Actions ) Official Actions

Patent Department

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

Administration Dept

Patent Dept

INDUSTRIALPROPERTY

OFFICE

of theCzech Republic

????

Design Division

Patent Department

Industrial Property Office

of the Czech Republic

(+420) 220 383 447lcelisova@upv.czhttp://www.upv.cz