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21 April 2008
The Act on the Enforcement of Industrial Property Rights (221/2006 Coll) implemented the EU IP Rights Enforcement Directive (2004/48/EC). The act standardizes the extent of owners’ rights with respect to IP infringement and potential remedies for such infringement. Penalties for IP infringement (regarding trademarks, patents, topographies of semiconductor products, utility models, industrial designs, appellations of origin and geographic designations) and available remedies are no longer incorporated in the statutes regulating the creation, extent, duration and expiration of the intellectual property, but are now contained in one single act.
The act entered into force on May 26 2006; however, new provisions regulating material and territorial jurisdiction in industrial property matters came into effect on January 1 2008. Previously, the general provisions of the Civil Procedure Code regarding material and territorial jurisdiction were applicable to IP disputes.
Since January 1 2008 the Prague City Court has had territorial and material jurisdiction in industrial property cases. In accordance with Article 6 of the act, the city court acts as a court of first instance in cases concerning:
The city court also acts as the court of first instance in matters concerning Community trademarks and designs, and as an appellate body for final decisions of the Industrial Property Office.
From January 1 2008 all industrial property litigation cases are concentrated at the Prague City Court. It is thus reasonable to expect:
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