- PART ONE: PATENT ATTORNEYS
- Chapter I: Introductory Provisions
- Chapter II: Patent Attorneys Register
- Chapter III: Patent Attorney
- Unit 1: Conditions for performance of the activity
- Unit 2: Professional and Differential Examinations
- Unit 3: Suspension of authorization to perform services of Patent Attorney
- Unit 5: Method of provision of patent attorney services
- Unit 6: Foreign patent attorney and foreign organizational form
- Unit 7: Joint provisions on method of provision of patent attorney services
- Unit 8: Rights and duties of patent attorneys
- Chapter IV: Assistant
- Chapter V: Disciplinary liability and disciplinary proceedings
- Chapter VI: Bodies of the Chamber
- Chapter VII: Competence of the Office
- Chapter VIII: Joint, temporary and final provisions
- PART TWO: Modification of Act on Measures for Protection of Industrial Property
- PART THREE: EFFECTIVENESS
ACT
from 10 June 2004
on Patent Attorneys and on Modification of the Act on Measures for Protection of Industrial Property
The Parliament has enacted this Act of the Czech Republic:
PART ONE
PATENT ATTORNEYS
Chapter I
Introductory Provisions
Section 1
Subject of the Act
(1) The Act regulates the status and activity of patent attorneys, patent attorney societies, foreign organizational forms, patent attorneys´ assistants, conditions under which patent attorney’s services may be provided as well as origination, status and competence of self-governing vocational association of patent attorneys.
(2) Services of patent attorneys shall mean professional assistance to natural and legal persons in the matters concerning industrial property, in particular their representation before administration bodies and in the trial by courts1) under the conditions and to the extent stated by law on court proceedings, as well as provision of independent consulting and other services related to the protection of industrial property.
Section 2
Authorization
(1) In the territory of the Czech Republic under conditions stated in this Act and in the manner stated therein the services of patent attorney may be provided by:
a) patent attorneys,
b) natural persons that are nationals or that are settled in other member state of the European Union or in a member state of the European Economic Area (hereinafter referred to as the “country of origin”) and that in any member state of the European Union or other state of the European Economic Area obtained the authority to provide services of patent attorney (hereinafter referred to as the “foreign patent attorney”),
c) patent attorney societies (Section 10),
d) foreign organizational forms (Section 29).
1) Section 35 paragraph 2 of the Act No. 150/2002 Coll., Administrative Rules of Court
Section 25b of the Act No. 99/1963 Coll., Civil Procedure Code, as subsequently amended.
(2) A patent attorney and patent attorney society may provide services under Section 1 only to the extent of their authority, or as the case may be to the extent of authority of their associates or shareholders, namely under conditions stated by this Act and by special legal regulations.
(3) The extent of authority to the activity is given by the extent of the passed professional examination (Section 11 paragraph 2) or differential examination (Section 12).
(4) The provision of paragraph 1 does not affect the authority of
a) attorney—at-law, whom the special legal regulation2) entrusts to provide legal services,
Section 3
Chamber of Patent Attorneys of the Czech Republic
(1) The Chamber of Patent Attorneys of the Czech Republic (hereinafter referred to as the “Chamber”) with its registered office in Brno has been established; the Chamber is a legal person.
(2) The Chamber is a self-governing vocational association of all patent attorneys.
Chapter II
Patent Attorneys Register
Section 4
(1) The Chamber keeps Patent Attorneys Register (hereinafter referred to as the “Register”) that contains Lists of
a) patent attorneys, including those deleted (Section 7),
b) settled foreign patent attorneys (Section 27),
c) assistants to patent attorneys, including those deleted (Section 46),
d) patent attorney associations (Section 23),
e) patent attorney societies (Section 7 paragraph 2),
f) settled foreign organizational forms (Section 29).
(2) The List of patent attorneys contains
a) name, surname and degree of a patent attorney, date of birth, place of business,
b) date of passing and extent of a professional examination,
c) date of registration in the List and number of the Certificate of Registration in the List,
d) extent of authorization to perform the activity of a patent attorney,
2 Act No. 85/1996 Coll., on Advocacy, as subsequently amended.
e) possible imposition of disciplinary measure (Section 49), suspension of activity of a patent attorney (Sections 14 and 15) and deletion from the List (Sections 18 and 19).
(3) The List of settled foreign patent attorneys contains
a) name, surname and degree of a patent attorney, date of birth, place of business, license, whereupon the applicant runs a business in the state of settlement,
b) data on residence or registered office in the country of origin,
(4) The List of assistants to patent attorneys (hereinafter referred to as the “assistant”) contains
a) name, surname and degree of the assistant, date of birth and place of his permanent residence,
b) data on the employer, his name and surname, or as the case may be name of the association or business name of a patent attorney society or foreign organizational form, place of business, registered office and identification number, if assigned,
c) date of registration in the List, number of Certificate of Registration in the List,
d) period of time that is not considered as a performance of practice under Section 47 paragraph 3,
e) possible imposition of disciplinary measure (Section 49), suspension (Sections 47) and deletion of the assistant from the List (Section 47).
(5) The List of patent attorney associations (hereinafter referred to as the “association” contains
a) name of association,
b) name, surname and degree, or as the case may be business name of parties of the association
c) date of registration in the List,
d) possible deletion from the List.
(6) The List of patent attorney societies contains
a) business name, registered office and identification number,
b) data on registration in the Companies Register,
c) date of registration in the List, number of Certificate of Registration in the List,
d) name, surname, date of birth of patent attorneys providing services of a patent attorney on behalf of a patent attorney society; by patent attorneys that are associates of the patent attorney society the extent of their voting rights, by the joint-stock company List of shareholders who are patent attorneys,
e) data on suspension of authorization to perform of patent attorney´s services by the patent attorney society, about deletion from the List of patent attorney societies and about imposition of a measure under Section 49 paragraph 5.
(7) The List of settled foreign organizational forms contains
a) business name or other name,
b) authorization, whereupon the foreign organizational form provides services of the patent attorney in the country of origin,
c) data on the registered office of the subsidiary, should it be established in the Czech Republic,
d) data on registration in the Companies Register, if registered in the Companies Register in the Czech Republic, data on other way of publication of data in accordance with the law of the country of origin of the applicant,
e) data on the registered office in the country of origin,
f) date of registration in the List, number of the Certificate of Registration in the List,
g) data on suspension of authorization to perform services of a patent attorney by the foreign organizational form, about deletion from the List of foreign organizational forms and about imposition of measures under Section 55.
Section 5
(1) Patent attorney, assistant to association and patent attorney society are obliged to notify the Chamber
a) without undue delay, however at the latest within 15 days after the commencement of activity performance, his registered office, place of permanent residence, or as the case may be service address, manner of provision of patent attorney’s services, data on registration in the Companies Register, as well as other data necessary for keeping particular Lists,