Trade Marks & Copyright 2024 Comparisons

Trade mark protection in the Czech Republic is statutory; it is governed in particular by Act No 441/2003 Coll., on Trade marks (the “Trade Mark Act”) and Act No 221/2006 Coll., on the Enforcement of Industrial Property Rights. Copyright protection in the Czech Republic is statutory; it is governed in particular by Act No 121/2000 Coll., on Copyright (the “Copyright Act”).

Common law trade mark rights and copyrights are not recognised under Czech law.

The Czech Republic is a member of both the Madrid Agreement and the Madrid Protocol, which regulate international trade marks. It is also a member of the Paris Convention for the Protection of Industrial Property (the “Paris Convention”) and the Agreement on Trade-Related Aspects of Intellectual Property Rights, which are mostly applied in cases of well known marks, and the Nice Agreement concerning the international classification of goods and services.

The copyright treaties that the Czech Republic is a party to are the following:

• the Berne Convention for the Protection of Literary and Artistic Works;
• the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations;
• the WIPO Copyright Treaty (WCT);
• the WIPO Performances and Phonograms Treaty (WPPT);
• the Beijing Treaty on Audiovisual Performances;
• the Treaty on the International Registration of Audiovisual Works;
• the TRIPS Agreement; and
• the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

In the Czech Republic, the rights of foreign trade mark and copyright holders are governed by several international agreements and national laws (see 1.1 Governing Law and 1.2 Conventions and Treaties).

These laws and agreements collectively establish the framework for the protection and enforcement of intellectual property rights, including trade marks and copyrights, held by foreign entities within the Czech Republic. They outline the procedures for registration, the scope of protection, enforcement mechanisms, and the rights granted to holders of intellectual property.

Registered trade marks are protected under the Trade Mark Act. There are different types of trade marks that can be registered under Czech law:

• word trade mark;
• figurative trade mark;
• spatial trade mark;
• holographic trade mark;
• sound trade mark;
• positional trade mark;
• trade mark of design;
• trade mark consisting of one colour without outlines or a combination of colours without outlines;
• motion trade mark;
• multimedia trade mark; and
• other trade marks.

Industrial designs are not entitled to trade mark protection under Czech law but are entitled to protection under Act No 207/2000 Coll., on Industrial designs (the “Industrial Designs Act”). In summary, while industrial designs and trade marks are separate types of intellectual property rights in the Czech Republic, certain elements within an industrial design may qualify for trade mark protection if they meet the criteria for distinctiveness and function as a source identifier in the market.

Under the Trade Mark Act, a trade mark may consist of any signs, in particular, words (including personal names), colours, designs, letters, numerals, the shape of goods or the packaging of goods, or sounds, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of another and are being represented in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its owner.

There are also collective and certification trade marks. A collective trade mark is capable of distinguishing the goods and services of the members or shareholders of a legal person from those of other persons. A certification trade mark is a trade mark capable of distinguishing certified goods or services certified from uncertified goods or services.

Czech law provides special protection for Olympic symbols under Act No 60/2000 Coll., on the Protection of Olympic Symbols.

The Czech Republic is a member of both the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights, which grant protection to well known marks that are neither registered nor used in the Czech Republic.

The essential element required to qualify for trade mark protection is that the mark is capable of distinguishing the goods or services of one person from those of another person and can be registered in the Czech Register of Trade Marks.

Proving distinctiveness often relies on tangible evidence, such as prolonged and consistent use or promotion of a trade mark (like sustained advertising efforts, historical sales documentation, invoices, social media presence, etc). Additionally, consumer surveys serve as valuable evidence, demonstrating the association between the product and a trade mark within the intended customer base.

The factors that are to be considered in an acquired distinctiveness analysis are the ab initio factor; ie, the trade mark is distinctive as such, where it meets all the legal requirements for the application to be successfully registered as a trade mark without further delay.

The second type is distinctiveness acquired through use in commerce. This is acquired by a trade mark which, although it was not already distinctive in the primary examination of distinctiveness, was later shown by its applicant to have acquired distinctiveness through use in commerce before the trade mark was registered in the Trade Mark Register; however, this distinctiveness can be acquired through long-term and intensive use, where average consumers are able to associate the trade mark with the applicant’s specific products or services.

The Trade Mark Act outlines the rights of trade mark owners. It grants the exclusive right to use the trade mark in connection with the goods and services for which it is registered in the Trade Mark Register. The granted rights persist throughout the term of a trade mark.

The other granted right is that the owner is entitled to use the ® symbol together with the trade mark.

Furthermore, an owner of a trade mark has the right to demand in court that the infringer refrain from any act that infringes or threatens the right and that the consequences of the threat or infringement be eliminated. The owner of a trade mark may also claim compensation for damages and the release of unjust enrichment or appropriate compensation, which may also consist of financial compensation.

While trade mark law in the Czech Republic offers robust protection against infringement and unauthorised use of trade marks, it does not typically incorporate specific anti-circumvention provisions analogous to those in Article 11 of the WIPO Copyright Treaty.

A trade mark must be actively used in Czech commerce on goods or services it represents, not just to keep a registration. This usage should be visible to consumers through advertising, packaging, and promotions. Regular, visible use is crucial; sporadic or occasional use might not maintain a trade mark’s commercial presence.

Trade marks may be accompanied by the ® symbol or the letters TM. Under Czech law, the use of the symbol or TM is a right, not an obligation of a trade mark owner.

A trade mark can be protected by copyright.

A natural person whose personal rights, in particular the right to a name, right of personal portrayal, and right to protection of personal expression, may be infringed on by the sign applied for can oppose a trade mark application. The trade mark application can be opposed also by the person to whom the rights in the copyrighted work belong, if the copyrighted work may be affected by the use of the sign applied for.

If the use complies with the business usage and the principles of honest business conduct, the trade mark owner shall not be entitled to prohibit third parties from using, in the course of trade, the name and surname or address where the third party is a natural person.

The Copyright Act specifically lists works eligible for copyright protection although even works not listed might qualify if they embody the characteristics of a creative work. Copyright applies to literature, art, or scientific creations stemming from an author’s unique mental effort, regardless of their form, content, or purpose. This includes various types, such as literary, visual, musical, and architectural works, among others, meeting certain criteria. Additionally, elements like titles and character names within a work are also covered by copyright.

The different categories of works which are eligible for copyright protection are regulated by the Copyright Act.

An industrial design may be entitled to protection of authorship; however, the industrial design must meet the conditions for copyright protection.

For a work to be eligible for copyright protection, it must meet the following criteria:

• fall within the field of literature, art, or science;
• originate from the author’s creative mental activity (except in the case of a photographic work);
• be perceivable by the senses, regardless of its characteristics such as form, content, or quality; and
• not fall within the exclusion list of what is not considered copyrightable material.

Under Czech law, authorship is defined by the Copyright Act, wherein the author is the natural person who created the work.

A person whose name or pseudonym is typically associated with a work is considered its author, unless proven otherwise. Copyright is established once a work is objectively expressed in a perceptible form. Even in cases of work made for hire, the individual creating the work is acknowledged as the author. Per the Czech Copyright Act, authorship is exclusively attributed to the natural person who created the work.

Copyright protection can be sought by authors anonymously or under a pseudonym, with the duration of such protection varying accordingly.

A work created by the joint creative activity of two or more authors until the completion of the work as a single work, belongs to all the authors jointly and severally. Joint authors have the option to authorise one among them to manage and act on behalf of all joint authors regarding the work. This authorisation, ie, power of attorney, must be in written form.

In the Czech Republic, ownership percentages for works created by joint authors are typically determined based on the contribution or involvement of each author in creating the work. This can include factors such as the extent of individual contributions, the significance of each contribution to the final work, and agreements made between the authors regarding their respective shares or rights in the joint creation.

Copyright law endows owners with exclusive moral and exclusive economic rights, which endure throughout the copyright’s duration.

In the Czech Republic, copyright is governed by statutory regulations.

Synchronisation rights are licensed in a manner equivalent to other forms of copyright licences and do not require any special synchronisation licences.

The term of protection of a copyright is from the moment of a work’s creation throughout the author’s lifetime and for 70 years after their death. In relation to pseudonymous work and anonymous work, the term of protection lasts for 70 years after its lawful publication.

In the Czech Republic, there is no formal requirement for a special notice of copyright ownership, such as using the © symbol or including a copyright statement, to secure copyright protection. However, displaying a copyright notice or using symbols like © can serve as a beneficial practice for several reasons such as identification and reminder of rights and is therefore recommended; however, it is not legally required and there are no legal consequences for not providing the notice of copyright ownership.

In the Czech Republic, various collective rights management organisations exist across different creative fields:

• OSA: musical works with or without lyrics;
• DILIA: literary, dramatic, musical-dramatic, choreographic, mime, audiovisual, scientific works, including cartographic works, and works by dubbing directors who are the authors of the spoken component of audiovisual works in another language;
• Intergram: the rights of performers and producers of sound and sound-image recordings;
• OOA-S: works of fine art, architecture and the visual component of audiovisual works;
• GESTOR: the right to remuneration for the resale of original works of art; and
• OAZA: copyright in the works of sound designers/engineers.

These collective rights management organisations are governed by the Copyright Act.

The powers and functions of these systems are as follows:

• licensing and royalty collection;
• rights administration;
• distribution of royalties;
• monitoring and enforcement;
• representation and advocacy; and
• educational and awareness initiatives.

Under Czech law, copyright arises automatically, therefore no registration is required for copyright protection.       

Under Czech law, copyright arises automatically, therefore no applications for copyright registration need to be filed.

See 3.9 Copyright Application Requirements.

See 3.9 Copyright Application Requirements.

Under Czech law, both copyright and trade mark protection can coexist if the subject meets the criteria for both forms of protection simultaneously.

Trade mark rights can be acquired by registering a trade mark. “Unregistered signs” used in commerce are also protected by the Czech law.

Regarding the legal benefits of trade mark owners, see 2.3 Trade Mark Rights.

The different standards for registering trade marks in the Czech Republic are as follows:

• a word mark: a reproduction of the sign in the usual typeface and layout without any graphic elements or colours;
• a figurative mark: a reproduction of the sign;
• a spatial trade mark: a graphic reproduction of the shape;
• a positional trade mark: a reproduction that appropriately identifies the position of the trade mark and its size or proportions on the products concerned;
• a trade mark of design: a reproduction showing the repeating pattern;
• a colour mark consisting exclusively of a colour without outlines or exclusively of a colour combination without outline: a colour and its designation by reference to a generally recognised colour code;
• a sound trade mark: an audio recording reproducing the sound or an accurate representation of the sound in musical notation;
• a motion mark: a video recording or a series of still images in the appropriate sequence showing the movement or change of position;
• a multimedia mark: an audiovisual recording containing a combination of image and sound;
• a holographic trade mark: a video recording or a graphic or photographic reproduction containing thumbnails; and
• other types of marks: any appropriate form using generally available technology.

Trade mark applications are published in the official Gazette of the Czech Industrial Property Office (the “register”), which also administers an online database where information can be found regarding new applications, registrations, oppositions, decisions on the rejection and/or cancellation of trade marks, etc. The Gazette is published weekly.

Before filing a trade mark application, it is recommended that new applicants conduct a clearance search for identical or highly similar trade marks that could represent a risk during the application proceedings. The clearance search can also be conducted by the Czech IPO, which uses all accessible databases (the Czech trade mark database, WIPO, EUIPO and Corsearch).

The Czech legal system does not allow for the registration of series marks. Each application is designated for a single trade mark.

Czech national trade marks are registered for a period of ten years from the date of filing and may be renewed upon the request of the trade mark owner for additional periods of ten years without limitation. If the proprietor of a trade mark does not apply for renewal of the registration, the trade mark will expire. The IPO informs the owner of the trade mark of the expiry of the registration at least six months before the said expiry.

Once a trade mark is registered in the Czech Trade Mark Register it cannot be updated or refreshed, no amendments to the registered list of goods and services or depiction of the trade mark can be made.

The application for a trade mark registration must be filed with the Czech IPO on a special form that is also available on the website. The application must include:

• the name of the applicant (natural or legal person, more persons as co-owners);
• the logo (if any) in black and white or in colour;
• the address and nationality of the applicant;
• the classes in which registration is sought;
• the power of attorney if represented by a counsel; and
• the details regarding the goods and services for which registration is sought (per NICE classification).

The Czech legal system does allow multiple class applications.

The filing fee for a trade mark application amounts to CZK5,000, covering up to three classes of goods and services. For each additional class beyond the initial three, an extra fee of CZK500 is charged.

Foreign applicants are required to be represented by an attorney licensed to practice in the Czech Republic.

There are no requirements for an applicant to use a trade mark in the applicant’s commercial activities prior to registration under the Czech legal system.

The Czech IPO does not consider prior rights during the examination of an application for registration.

Any person may, by the end of the time limit for filing an opposition, submit to the IPO observations based on absolute grounds. The IPO takes into account the observations in the course of the registration procedure. A person who has made the observations is not a party to the proceedings before the IPO. The applicant is informed about the observations and the outcome of their assessment and may comment on them within the time limit set by the IPO. The IPO informs the person who has made the observations about the outcome of their assessment.

Owners of prior rights may lodge an opposition within three months following the publication of the trade mark. Third parties cannot file an opposition unless they have legal standing.        

An applicant may request amendments to their trade mark application, but these are limited to specific details. Changes can be made to correct the first name, surname, corporate name, address, or the company residence. Additionally, errors of wording, copying, or obvious mistakes may be rectified, provided these corrections accurately reflect reality and do not significantly alter the trade mark being applied for.

If the amendment affects the sign applied for or the list of goods or services and is made after the publication of the application, the application will be republished as amended. The applicant may withdraw their application or restrict the list of goods or services in the application at any time. The restriction cannot be withdrawn.

Once the trade mark application has been filed, the IPO will examine whether the application complies with the relevant requirements (see 4.5 Application Requirements). If the application does not satisfy the requirements, the IPO will request that the applicant remedy the deficiencies within a set time limit (at least two months). If the deficiencies are not remedied, the IPO will reject the application in its entirety or partially.

An applicant may divide an application filed for more goods or services. The divisional applications preserve the priority date of the original application, provided they contain only the goods or services of the original application. The applicant must specify the requested division, the list of the goods or services subject to the divisional application and the priority date for each of the divisional applications. Where the restriction of the application is requested, the applicant must specify the goods or services subject to restriction.

The application documents required must be submitted for the divisional application. If they are not submitted within three months of receipt of the declaration of division, or if the fee for the division proceedings is not paid within this period, the divisional application is deemed to have been withdrawn.

The circumstances under which a trade mark application is divided is typically when the list of goods and services partially conflicts with a registered trade mark with an earlier priority right and the applicant insists on continuing the proceedings for the remaining part of the list of goods and services and is interested in expediting the proceedings for the non-conflicting part of the list of goods and services.

See 4.9 Revocation, Change, Amendment or Correction of an Application.

The Czech IPO can refuse a trade mark:

• consisting of a sign that cannot constitute a trade mark;
• that is devoid of any distinctive character;
• consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services;
• that indicates time of production of the goods or of rendering the services or other characteristics of the goods or services;
• consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services;
• a sign which consists exclusively of the shape, or another characteristic, which results from the nature of the goods themselves, or which is necessary to obtain a technical result, or which gives substantial value to the goods;
• that is contrary to law, public order or morality;
• that is liable to deceive the public as to the nature, quality, geographical indication of goods or services;
• that contains or is similar to signs, seals, emblems, flags, maps and/or official insignia of national and international organisations and associations;
• containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, or photograph;
• the use of which is contrary to the Czech Republic or EU legislation or contrary to obligations ensuing from international agreements to which the Czech Republic or the EU is party;
• that provides protection for designations of origin and geographical indications, traditional terms for wine, and traditional specialities guaranteed;
• that is identical or similar to an earlier registered mark, including well known marks; or
• has the likelihood of confusion including a likelihood of association with an earlier registered trade mark.

An objection from the IPO based on a lack of distinctiveness can be addressed in two ways:

• by presenting compelling arguments that refute the IPO’s assessment (by, for example, referring to pertinent case law demonstrating the mark’s distinctiveness); or
• by offering evidence of prior usage (before the trade mark application) showing that the public associates the mark with the applicant’s goods or services.

Either party may lodge an appeal against a decision of the IPO with the President of the IPO within one month from the service of the decision. It is possible to file a blank appeal which must be substantiated within another month. The appeal has suspensive effect. The deadlines for lodging and substantiating an appeal cannot be extended and failure to meet deadlines waives your right to appeal.

Should a party wish to contest the decision of the President of the IPO, they can take their case to the administrative courts for a judicial review. This review is comprehensive, allowing for the examination of both legal and factual issues involved in the case.

The first instance decision of the City Court in Prague can be appealed through a “cassation complaint” to the Supreme Administrative Court.

First instance proceedings take one to one and a half years and an appeal one to three years.

Persons who have their real commercial or industrial establishment, permanent residency or seat in the Czech Republic or who are Czech nationals may file an application for international registration of a trade mark, pursuant to the Madrid Agreement or the Protocol Relating to the Madrid Agreement, or file an application for registration of changes concerning the international registration through the IPO.

An international registration of a trade mark designating the Czech Republic has the same effect as an application for registration of a national trade mark.

An opposition to a trade mark registration must be filed in writing within the statutory deadline of three months after the publication of the registration of a trade mark. The deadline cannot be extended and all arguments and evidence must be submitted within the deadline.

However, once the opposition is filed, there is a provision for a period similar to a cooling-off period during the opposition proceedings. This phase can be initiated if both the applicant and the opponent jointly request it. If such a request is made, the IPO may grant a minimum of two months for the parties to attempt to resolve their dispute amicably.

Czech law enables owners to base oppositions on their earlier rights to prevent the registration of trade marks in a range of situations, such as:

• double identity both between goods and/or services and between marks;
• the possibility of confusion between a new sign and an existing trade mark;
• the unauthorised filing of an earlier mark by its agent or representative;
• the existence of earlier non-registered trade marks or other signs used in the course of trade of more than mere local significance;
• the existence of an earlier national or European reputed registered trade mark to prevent registration of a later similar or identical application that, without due cause, would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark;
• where the personal rights of a natural person, in particular the right to a name, right of personal portrayal, and right to protection of personal expression, may be infringed on by the sign applied for or, possibly, by the entity entitled to assert these rights;
• where the sign applied for may infringe the copyright of an author’s work, in which case the copyright holder has grounds for opposition; and/or
• where the sign applied for may infringe earlier industrial property rights, in which case the owner of these rights has grounds for opposition.

The opposition may also be lodged by the applicant for registration of the trade mark and the applicant for registration of the right in other industrial property, if such right is registered.

Czech law does not explicitly acknowledge dilution as a basis for initiating an opposition. Nonetheless, legal precedents recognise dilution as a factor that can harm a trade mark’s reputation or distinctive identity. Demonstrating dilution can serve as evidence of potential harm or risk to a reputable trade mark.

An opposition may be filed by the owner of a prior right or a licensee (see 5.2 Legal Grounds for Filing an Opposition). A representation by a legal or patent attorney is not obligatory. The official opposition fee amounts to CZK1,000 and must be paid within the deadline for filing the opposition. Failure to pay the fee will result in the opposition being rejected.

The opposition must be well-grounded and accompanied by respective evidence. The IPO communicates the content of the opposition to the applicant and sets a time limit for the applicant to file observations to the opposition (usually two months with the possibility of extension). If the applicant submits no observations to the opposition within the set time limit, the IPO shall base its ruling on the opposition on the contents of the file.

If the earlier trade mark has been registered at least five years preceding the date of filing or the date of priority of the application, at the request of the applicant the opponent shall furnish proof that, during the five-year period preceding the date of filing or the date of priority of the application, an earlier trade mark has been put to genuine use in connection with the goods or services in respect of which it is registered and on which the opposition is based, or that there are proper reasons for non-use.

Since the opposition procedure is a summary proceeding there is no oral hearing.

Additionally, the Czech legal system provides for a “cooling-off” period during opposition proceedings. If both the applicant and the opponent jointly request it, the IPO will grant a minimum of two months for the parties to reach an amicable settlement. If no amicable settlement is reached, the IPO will render a decision on the opposition and either reject the trade mark application entirely or partially, or reject the opposition entirely or partially.

See 4.13 Remedies Against the Trade Mark Office.

Czech law distinguishes two types of trade mark cancellations:

• a revocation; and
• a declaration of invalidity.

Both of these legal institutes are applicable only after the registration of the trade mark in the register. However, they have different possibilities of application, justification and, above all, effects.

In brief, a request for revocation may be brought against a trade mark:

• that is not in genuine use;
• that has become a sign customary in the trade;
• the use of which is likely to deceive the public; or
• the use of which, by virtue of a court decision, is an unlawful act of competition.

The revocation of a trade mark has ex nunc effects; ie, the trade mark ceases to have its effects only after the decision on its revocation becomes final.

The declaration of invalidity of a trade mark has ex tunc effects; ie, such a trade mark is regarded as if it had never been registered (see 6.2 Legal Grounds for Filing a Revocation/Cancellation Proceeding).

Registration may not be cancelled where the owner of the earlier trade mark (or other right) has tolerated the use of the earlier trade mark for the goods or services for which it is protected for a period of five consecutive years whilst being aware of such use.

There are no special time limits for bringing an action for copyright cancellation. General limitation periods apply. Authors should be vigilant in protecting their rights and take immediate action.

The IPO will revoke/cancel a trade mark:

• if it has not been used for a consecutive period of five years preceding the day when the request was filed;
• if it has become customary in relation to the goods or services for which it is registered;
• if, after its registration, it has become deceptive in relation to the goods or services for which it is registered; or
• upon a request filed within six months from the date when the decision establishing that the use of the trade mark constitutes unfair competition has come into legal effect.

The IPO will invalidate a trade mark:

• if it has been filed contrary to absolute grounds or if it has been filed in bad faith; or
• upon a request filed by a person who is entitled to file opposition against a later trade mark application (see 5.2 Legal Grounds for Filing and Opposition).

Copyrights are not subject to a registration process, therefore remedies do not apply.

A revocation/cancellation request may be filed by any third party.

An invalidation request filed by a person entitled to file an opposition may only be filed by a person enjoying specific earlier priority rights stated in the respective provisions of the Trade Mark Act.

Invalidity of a copyright may be established by judicial proceedings. The person entitled to bring the action is a third party.

Revocation, cancellation and/or invalidation actions are brought before the Czech IPO.

Invalidity of a copyright may be established by judicial proceedings only.

Partial revocation, cancellation or invalidation is possible if the grounds based on which the trade mark is revoked/cancelled or invalidated relate only to some of the goods/services for which the trade mark is registered.

The revocation, cancellation and invalidation proceedings are not concentrated and it is thus possible to amend them before the decision is rendered by the relevant office. For example, it is possible to partially withdraw the filed requests.

Revocation, cancellation and invalidation actions are heard before the Czech IPO. Infringement cases are heard before the courts.

It is possible to file an invalidation request against fraudulent trade marks on the grounds that these trade marks have been filed in bad faith.       

A trade mark may be transferred separately from any transfer of the undertaking in respect of some or all of the goods or services for which it is registered. The transfer of the trade mark must be made in writing by means of a contract and comes into effect after it is registered with the Czech IPO, which will enter the facts in the register within one month after receiving all the necessary documents. The IPO’s approval is not required.

The moral rights of an author are non-transferable and terminate upon their death. An author’s economic rights are non-transferable and cannot be enforced.

The right to exercise an author’s economic rights may be assigned by a written contract. An employer may assign the right to exercise an employee’s work to a third party, but the author’s permission must be obtained.

The right to use a trade mark/copyright may be licensed through a licensing contract, concluded pursuant to provisions of the Civil Code, for all or some of the goods or services for which the trade mark is registered. A licence may be exclusive or non-exclusive. A trade mark licence takes effect upon its entry in the register, with the exception of a licence regarding well known marks. If the contract is concluded for an indefinite period, the notice of termination takes effect one year after the end of the calendar month in which the notice is received by the other party.

Trade mark licences may be perpetual if stipulated as such within the licensing agreement. Copyright licences may be granted for the lifetime of the author and for 70 years after the author’s death. In relation to licences for pseudonymous/anonymous works, the term of protection lasts for 70 years after their lawful publication. Licences under Czech law may include archival rights.

During trade mark registration, you can transfer a trade mark application or issue a license without specific legal restrictions.

Copyrights do not require registration.

An assignment or a licence contract does not have to be approved or registered by the Czech IPO, but failure to do so may bring some complications in the form of prolonging any proceedings by proof of rights, as there is an assumption that the owner of a trade mark is the one listed in the registry. Therefore, it is recommended to register both the change of ownership and any licences with the IPO. The assignment of a trade mark comes into effect after it is registered.

Copyright licences do not have a registration obligation.

The moral rights, economic rights and performer’s economic rights of an author are non-transferable.

Rights to exercise the author’s economic rights may be transferred only by a licence agreement (see 7.2 Licensing Requirements or Restrictions).

A trade mark may be the subject of a security, the subject of another real right, or the subject of the enforcement of a decision or of a seizure procedure, and may be included as an asset. Upon request, the IPO will enter the facts in the register within one month of receiving all necessary documents.

The economic rights of authors and the performer’s economic rights can be given as security.

There are no specific time limits for filing lawsuits based on trade mark claims. However, if the trade mark has been registered for at least five years at the date of filing of the action, the owner of the trade mark shall, at the request of the defendant, produce evidence of use. In addition, the owner of an earlier trade mark who has knowingly acquiesced in the use of a later trade mark for a period of five consecutive years may no longer bring an action on the basis of that earlier trade mark to have a later identical or similar trade mark invalidated.

Czech law does not specify a time limit for initiating an action to prevent copyright infringement. However, the time limit for claiming damages for copyright infringement is set at three years.

The claims the trade mark owner may raise are the same for all types of trade marks. In case of a trade mark violation, its owner may seek a judicial decision ordering that the infringer refrains from acts that infringe or potentially infringe the trade mark rights, and that the consequences of the infringement or potential infringement be removed.

For copyright claims, the approach is similar. The typical claims a copyright owner might raise encompass a variety of actions. These include determining the authorship of a work, establishing whether a work has been plagiarised, discerning if a work is an employee’s creation or a school work, contesting the validity of licensing agreements, asserting rights in previously unpublished works, and addressing instances where the use of the copyrighted work might constitute an unfair act.

Trade mark dilution and cybersquatting can be considered trade mark infringement.

The owner of a trade mark shall have the exclusive right to use the trade mark in relation to the goods or services covered by the trade mark.

Under Czech law, third parties may not use, without the consent of the owner, in the course of trade:

• any sign identical to the trade mark for goods or services identical to those for which the trade mark is registered;
• any sign where, because of its identity or similarity to the trade mark and because of the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, including the likelihood of association between the sign and the trade mark; or
• any sign identical or similar to the trade mark, irrespective of whether the goods or services for which it is used are identical, similar or not similar to those for which the trade mark is registered, where the trade mark has a reputation in the Czech Republic and the use of the sign without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the trade mark.

The court shall therefore consider the degree of distinctiveness of the earlier mark, the degree of similarity between signs and the similarity of the goods/services concerned.

The parties to proceedings are the plaintiff and the defendant. The plaintiff can be the trade mark owner or licensee. Other persons may not file a court action for trade mark infringement. A trade mark can only be used as the basis for a court action from its date of registration. If a court action is filed before the trade mark’s registration, the claim could, for example, be based on allegations of unfair competition.

The copyright owner, or the party holding the exclusive rights to the copyrighted work, is the plaintiff in a copyright infringement action. This could be the original author, the assignee, or any other party with legal ownership of the copyright.

If the copyright owner has granted an exclusive license to another party, the exclusive licensee may also be a necessary party to the infringement action. An exclusive licensee may have the right to sue for infringement, depending on the terms of the license agreement and applicable laws.

Depending on the circumstances, there may be other parties involved in the infringement, such as distributors, retailers, or intermediaries. In some cases, these parties may also be referred to as defendants.

The Czech legal system does not allow representative or collective actions for trade mark/copyright proceedings.

Issuing a formal demand letter is not required for filing a court action as such unless the trade mark owner wishes to claim costs of the court proceedings. For this reason, issuing a demand letter before filing a court action is advisable.

Remedies available to the trade mark owner are identical for all types of trade marks.

However, it is important for the trade mark owner to communicate claims of trade mark abuse impartially, as in certain situations, even the use of a trade mark might be considered unfair competition.

The City Court in Prague has exclusive jurisdiction in trade mark matters. The appellate court is the High Court in Prague. An extraordinary appeal can be filed to the Supreme Court of the Czech Republic, though filing of an extraordinary appeal has no suspensory effect. Costs before filing a lawsuit can involve a preliminary injunction, warning letter, evidence notarisation, and purchase of evidence. The parties in trade mark litigation do not have to be represented by a lawyer, with the exception of filing an extraordinary appeal to the Supreme Court.

Regional courts have jurisdiction in disputes arising from copyrights. The high courts are courts of appeal in copyright matters.

There are no special provisions for trade mark/copyright lawsuits. The general prerequisites of a court action are that the court action shall always be directed at a specific person(s) and the claim of the action shall be specific.

The court action shall state:

• the name of the court to which it is addressed;
• the parties to the proceedings, being the applicant and the defendant, including their legal representatives, if any;
• the nature of the action; ie, what the applicant is suing for;
• a description of the relevant facts;
• the evidence the applicant plans to present to support these facts;
• what the applicant seeks in the case; ie, the decision it seeks from the court; and
• the date and signature.

The plaintiff may supplement pleadings with additional evidence until the end of the first court hearing. A defendant in a trade mark action can initiate a lawsuit in response.       

A declaratory action can be filed only if there is an urgent legal interest to determine whether or not a legal relationship or right exists. While theoretically a defendant could initiate such proceedings, it is unlikely that a court would accept this type of action unless it clearly fulfills the requirement of urgent legal interest.

Regarding the handling of small claims, Czech law does not provide a distinct pathway for resolving minor trade mark or copyright disputes. There is no differentiation between small and large claims, meaning all cases are processed under the same legal procedures.

The case law of the IPO is not binding on the courts, though the conclusions of the IPO may be used as arguments in a court dispute. Copyrights are not registered by the IPO nor does the IPO make official decisions on infringement actions.

There are no specific procedures, remedies or statutes specifically addressing counterfeit marks or copyright counterfeiting.

General provisions on civil litigation apply to trade mark/copyright litigation. The trade mark/copyright matters are decided by a jury of three judges. The parties cannot influence which judge will decide in the matter. 

It is easier to prove rights to a registered trade mark; the litigation process is therefore faster and cheaper. Generally, the use of a mark that is identical or similar to a registered trade mark for goods or services that are identical or similar to those covered by the registration constitutes trade mark infringement.

There are no disclosure or discovery proceedings. However, the trade mark owner may request the infringer to provide it with information. Should the information not be volunteered within a reasonable timeframe, the trade mark owner can compel disclosure of this information through court action.

The author may request information on the content and scope of imported goods relating to its copyrighted work from the Czech Customs Office.

Expert reports and surveys are used as evidence. In some cases this evidence may play an important role; however, court decisions are ultimately based on all relevant evidence, therefore the importance of an expert report/survey would depend on specific circumstances.

A court fee for filing an action is approximately EUR70. For claims concerning damages between CZK20,000 and CZK40 million, a fee of 5% of the claimed amount is paid. It is not possible to state “typical” costs of court proceedings as the overall costs depend on the complexity of the matter as well as on the defendant’s activity. The amount of work may therefore vary from several hours to 100 hours or more, namely in cases where the trade mark/copyright owner claims damages.

Trade mark/copyright infringement can be classified as an administrative as well as a criminal offence. Administrative proceedings concerning trade mark/copyright infringement involve customs authorities as well as proceedings before the Czech Business Inspection, which as controlling bodies may seize goods infringing trade mark rights/copyrights.

Violation of trade mark rights/copyrights can also be classified as a criminal act. Decisions in criminal proceedings are issued by criminal courts. For a violation of trade mark rights/copyrights to be considered a criminal offence, there must be evidence of criminal intent on the part of the infringer.

In Czech law, a defendant in a trade mark dispute can claim earlier use of the trade mark, abandonment, use under a licence, bad faith of the trade mark owner or the unfair competition conduct of the trade mark owner.

Provided that the use of a trade mark is in accordance with commercial practices and the principles of fair dealing, the owner of the trade mark is not entitled to prohibit third parties from using it in the course of trade. The Trade Mark Act clearly delineates the specific circumstances under which this use is allowed.

The Copyright Act stipulates certain exceptions that permit the use of copyrighted works without the consent of the owner. For example, a copyright is not infringed by a person who uses a work for the purpose of a caricature, parody or pastiche.

A person who makes a recording, reproduction or imitation of a work for their personal use does not infringe a copyright.

The EU’s Directive on Electronic Commerce includes provisions offering certain immunities or limitations of liability to intermediaries, like internet service providers (ISPs), concerning copyright/trade mark infringement.

The directive outlines that intermediaries may not be held liable for the information they transmit, cache, or host, provided they meet specific criteria.

The requirements for exhaustion of trade mark rights are fulfilled in cases where goods marked with a trade mark have been put on the market in an EU member state or in another member state of the European Economic Area (EEA) under that trade mark by the owner or with their consent.

Nevertheless, if there are legitimate reasons, the owner of that trade mark can oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

The exhaustion of the distribution right can only occur in relation to the tangible object of which the copyright-protected work or a reproduction thereof forms part, if such object has been placed on the market in the EU and with the author’s permission or by the author itself. However, if the object bearing the copyrighted work has been altered so that it constitutes a new reproduction of the work after it was first lawfully put on the market, the consent of the author is again required for the lawful distribution of that object.

Under Czech law, qualified libraries and archives have certain rights to reproduce and distribute copyrighted works for specific purposes, typically for archival, educational, or research-related activities.

A trade mark/copyright owner may seek a preliminary injunction. The plaintiff shall state a specific claim in the preliminary injunction application. The judge cannot choose a claim for the plaintiff. A preliminary injunction can be issued by the court if it is necessary to provisionally regulate the circumstances of the parties or if it is feared that the enforcement of the judgment will be jeopardised. It is essential for the trade mark/copyright owner to provide evidence of an imminent threat to their rights that could cause irreparable damage if not addressed promptly.

A preliminary injunction is an ex-parte proceeding; ie, the court decides on the preliminary injunction without informing the defendant. Only after a preliminary injunction is issued can the defendant appeal against it. The filing of the appeal has no suspensory effect on the preliminary injunction. The defendant may also ask the court to order the plaintiff to pay a higher financial deposit as a preliminary injunction causes significant damage to the defendant. 

A trade mark/copyright owner may seek the permanent removal or destruction of infringing products.

The bond is set at a fixed amount of CZK50,000 for filing an injunction.

A trade mark/copyright owner is entitled to damages, to demand the surrender of any unjust enrichment the infringer obtained as a result of endangering or infringing a right, and to appropriate compensation, including financial compensation. The judge has discretion solely in relation to the appropriate compensation. In the case of the other remedies, the plaintiff shall submit evidence proving the requested amount of remedies. The court may, upon a motion, assess the damages, the amount of unjust enrichment and the appropriate compensation in a lump sum not less than double the licence fee that would have been payable for the lawful use of the infringed right.

The losing party is required to reimburse the prevailing party for attorneys’ fees and court fees. However, the amount of the awarded costs of litigation is limited by law and the amount of the awarded costs does not cover real costs of the proceedings. 

A trade mark owner/copyright owner may seek a preliminary injunction, which is issued in ex parte proceedings.

There is a system of customs seizures, under which the customs may seize goods suspected of infringing IP rights. Customs cannot seize goods originating from parallel imports. Violation of trade mark rights by parallel imports can be claimed by the trade mark owner before the court.

The parties to the court proceedings may settle at any time during the proceedings. There is no mandatory settlement, though the judge in the civil proceedings may order the parties to try to settle the matter via mediation. If the mediation is unsuccessful, the court proceeding continues.

Alternative dispute resolution (ADR) is common for domain name disputes. ADR is carried out via an online platform. After the parties file their submissions, the ADR court decides the case within two to three months. For other trade mark-related matters, ADR is not available.

The court may stay court proceedings concerning a claimed trade mark if there is a pending proceeding concerning the validity of the trade mark.

For the appellate procedure in trade mark matters see 4.13 Remedies Against the Trade Mark Office and 8.7 Lawsuit Procedure.

The high courts are the courts of appeal in copyright matters.

An appeal against a first instance court judgment shall be filed within 15 days of the delivery of the judgment to the given party. An appellate proceeding can take approximately one to two years.

There are no special provisions concerning the appellate procedure for trade mark/copyright proceedings.

The appeal of a trade mark/copyright decision implies a full review of the facts. However, it is not possible to submit new evidence.

There are no special rules for celebrities. The same rules are applied to all names. See 3.4 Copyright Rights.

Violation of a trade mark/copyright may also imply unfair competition conduct.

The case law concerning the use of trade marks as keywords on the internet is not well settled and case law concerning this issue is quite unpredictable.

A recent decision of the High Court in Prague ruled that copyright protection may be granted for works already protected by a patent only if the work meets certain criteria; ie is eligible for copyright protection pursuant to criteria set out in the Copyright Act (for criteria, see 3.2 Essential Elements of Copyright Protection). This decision also cites and follows up on the decision of SDEU C-833/18 Brompton Bicycle.

The emergence of AI in Czech trade mark and copyright law has not resulted in specific regulations or laws directly addressing AI’s role in trade mark/copyright matters. However, AI’s impact on trade marks/copyrights, particularly in areas like automated trade mark searches or AI-generated trade marks, might raise questions about ownership, originality, and liability.

Regarding trade marks on the internet, the following should be noted:

• using a domain name that includes a trademarked term might infringe trade mark rights;
• using trade marks for comparative advertising should be done cautiously;
• using trade marks as keywords or in advertising can raise trade mark issues; and
• using trade marks in social media handles or profiles could raise issues.

Regarding copyrights on the internet, the following should be noted:

• the licensing terms when uploading or using content on these platforms;
• embedding content might involve copyright considerations; embedding can potentially infringe copyright if done without permission; and
• when creating content on social media or other platforms, it is important to ensure that you have the necessary rights to use all elements within the content to avoid infringing others’ copyrights.

Regarding the liability of service providers see 10.4 Intermediaries.

There are no different rules concerning the use of trade marks/copyrights in business.