The Czech Republic has adopted a new law concerning customs
enforcement of intellectual property rights in relation to goods
placed on the Czech national market (Act No. 355/2014 Coll.).
This law uses terms as defined in Article 2 of EU Regulation No
608/2013 concerning customs enforcement of intellectual property
rights (the "Regulation"). It also follows the structure
and rules of the Regulation.
It is expressly prohibited to deal with goods infringing
intellectual property rights, in particular production, processing,
transportation, storage, sale, other transfer, offer, import,
export, placing on the market, taking over, use and keeping of such
goods, unless such dealing is for personal use only. This law does
not apply to goods that have been manufactured i) with the consent
of the right-holder or ii) in excess of the quantities agreed on
between the rights-holder and the licensed manufacturer of the
The persons entitled to apply for the customs measures against
suspected counterfeit goods on the territory of the Czech Republic
are the same as those listed in Article 2 of the IP enforcement law
no. 221/2006 Coll., implementing the IP enforcement directive
2004/48/EC, i.e. holders of IPRs, licensees (with the approval of
the IPR holder), IP collective rights-management bodies and
professional defence bodies. The IPRs are those enjoying protection
in the territory of the Czech Republic (i.e. including EU-wide
protection such as Community trade marks and Community designs).
The applicants must not have any unpaid tax in the Czech
Customs will then grant a decision which is for a duration of 1
year and could be extended for another year on a repeated
The decision can be revoked by Customs, in particular if the
applicant failed timely to notify Customs of changes relevant to
the application, failed to return samples, failed to pay the costs
of storing and/or destruction of the seized goods or repeatedly
failed without valid reason to file a declaratory petition in order
to determine whether the seized goods are counterfeit or not.
The working day after the seizure, Customs shall notify the
applicant about the seizure, the date of seizure, the quantities
and nature of the seized goods and the identity of the person from
whom the goods were seized, if known to the customs. Upon request,
Customs shall provide to the applicant further information
regarding the seized goods and persons who have been handling the
goods, if known.
Unless the applicant files a request for a simplified procedure,
it is obliged to inform Customs within 10 working days from the
date of notification of the seizure (3 working days in case of
perishable goods) that it has filed a declaratory petition seeking
the court to determine that the seized goods are counterfeits.
Customs shall enable the applicant to inspect the seized goods
and take samples for analysis, which must be returned or their
destruction during examination must be proved.
The seized goods can be destroyed within the simplified
procedure by Customs, without the need of a court decision about
the counterfeit nature of the seized goods, if the applicant and
the person from whom the goods were seized provide their consent to
the destruction within 10 working days (3 working days in case of
perishable goods) from the date of the notification of the seizure.
The consent of the person from whom the goods were seized is
considered granted, if he does not react to the notification from
Customs or the person is not known. Consent to destroy the goods by
the applicant is deemed to be the request to commence the
simplified procedure. The goods are destroyed in front of a three
member board of customs.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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