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WWW.UPV.CZ. Registration of Industrial Designs in the Czech Republic. INDUSTRIAL PROPERTY OFFICE of the Czech Republic. Industrial Designs Section. Patent Department. the Organisation Chart. Patent Department. About the Designs Division. The head of the division 3 examiners. - PowerPoint PPT Presentation
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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
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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
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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)
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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
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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
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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)
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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,-)
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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)
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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
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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:
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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::
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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:
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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
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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
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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
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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 [email protected]://www.upv.cz