Subject of the New Law
Scope of Protection
Comment
On April 1 2002 Czech Law 452/2001 on Appellations of Origin and Geographical Indications took effect, replacing Law 159/1973.
The new law regulates appellations of origin and geographical indications, and widens the scope of protection conferred by such rights.
An 'appellation of origin' is defined as the name of a geographical location which is used in the marking of goods from that area, where the quality or other characteristics of the goods derives exclusively or to a great extent from the area's unique conditions.
A 'geographical indication' is defined as the name of a geographical location that is mentioned on goods originating from it, where the quality or other characteristics of the goods derives from the location.
The goods must be manufactured, processed or prepared in the area in question in order for an appellation of origin and geographical indication to be used.
Appellations of origin and geographical indications are registered in a special registry kept by the Czech Patent Office. Applications for registration can be filed by a single legal entity or an association of manufacturers. The period of protection is not unlimited.
Appellations of origin and geographical indication cannot be licensed or pledged.
The new law further protects appellations of origin and geographical indications by virtue of EU Regulation 2081/92, the provisions of which will take effect when the Czech Republic accedes to the European Union.
The rights conferred by appellations of origin and geographical indications include the exclusive right to use the terms on relevant goods, and to exclude unregistered individuals or entities from using them on similar goods. The use of misleading indications is prohibited (eg, 'type of', 'kind of', 'method' and 'imitation of'). Rights to appellations of origin and geographical indications can be claimed in court proceedings.
The new law results from the Czech Republic's efforts to harmonize its legislation with that of the European Union prior to accession. The law provides entrepreneurs and manufacturers of traditional goods, as well as consumers, with adequate protection from copycat products.
For further information on this topic please contact Karel Cermák at Cermák Horejš Myslil by telephone (+420 2 9616 7401) or by fax (+420 2 2494 6724) or by email ([email protected]).