INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic Industrial Property Office of the Czech Republic Industrial Property Office of the Czech Republic Antonína Čermáka 2a, Prague

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 2 Industrial Property Office History 1919 – establishment of the Patent Office and the Patent Court full patent examination high worldwide reputation 1919 – accession to the Paris Convention (1883) Madrid Agreement (1891) 1919 – establishment of the Patent Office and the Patent Court full patent examination high worldwide reputation 1919 – accession to the Paris Convention (1883) Madrid Agreement (1891) 1989 – political and economic transformation towards market economy 1993 – split of the Czechoslovakia and the Federal Office for Inventions 1993 – Industrial Property Office of the Czech Republic accession to the EPC accession to the EU 1989 – political and economic transformation towards market economy 1993 – split of the Czechoslovakia and the Federal Office for Inventions 1993 – Industrial Property Office of the Czech Republic accession to the EPC accession to the EU

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 3 Competence of the IPO Industrial Property Office The Office a) makes decisions about granting protection for inventions, industrial designs, utility models, topographies of semiconductor products, trade marks, appellations of origins and geographical indications, b) performs activities according to the regulations concerning patent agents, c) keeps the central fund of world patent literature d) ensures the fulfilment of obligations arising from international treaties concerning industrial property protection to which the Czech Republic is a party

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 4 Patents Patents granted in the national way and validated European patents (EP) in the Czech Republic (CR) Industrial Property Office

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 5 Trademarks Industrial Property Office

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 6 Dispute Proceedings Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 7 Appeals Procedure Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 8 Industrial Property Rights Legal Proceedings Industrial Property Office APPEAL CASSATION President of the Industrial Property Office Municipal Court in Prague APPLICATION DETERMINATION OF SCOPE, REVOCATION Industrial Property Office SUPREME ADMINISTRATIVE COURT IN BRNO

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 9 Enforcement of Industrial Property Rights in the Czech Republic ALL OTHER IP MATTERS (INFRINGEMENTS) APPEAL CASSATION President of the Industrial Property Office APPEAL RECOURSE Municipal Court in Prague APPLICATION DETERMINATION OF SCOPE, REVOCATION Industrial Property Office Municipal Court in Prague High Court in Prague SUPREME ADMINISTRATIVE COURT IN BRNO SUPREME COURT IN BRNO Industrial Property Office

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 10 Activities of the IPO - increasing public awareness Industrial Property Training Institute ( established in 1963 ) - two-years specialist study of industrial property protection system - participants: representatives from industry and business, patent agents, attorneys, employees of the IPO Industrial Property Training Institute ( established in 1963 ) - two-years specialist study of industrial property protection system - participants: representatives from industry and business, patent agents, attorneys, employees of the IPO Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 11 Activities of the IPO - increasing public awareness Projects: „Enforcement of Intellectual Property Rights“ participating bodies: Industrial Property Office, Ministry of Industry and Trade, Ministry of Finance, Ministry of Justice, Ministry of Interior, Ministry of Culture, Police of the Czech Republic, General Directorate of Taxes, Czech Trade Inspection, Czech Agriculture and Food Inspection Authority and collective administrators of copyright within the scope of Ministry of Culture – OSA, DILIA and INTERGRAM „Support to the Enforcement of Intellectual Property Rights“ update and upgrade of existing information system elaboration of a new methodology of enforcement of intellectual property rights in the Czech Republic and methodology of co-operation among respective institutions creation of training materials and training Projects: „Enforcement of Intellectual Property Rights“ participating bodies: Industrial Property Office, Ministry of Industry and Trade, Ministry of Finance, Ministry of Justice, Ministry of Interior, Ministry of Culture, Police of the Czech Republic, General Directorate of Taxes, Czech Trade Inspection, Czech Agriculture and Food Inspection Authority and collective administrators of copyright within the scope of Ministry of Culture – OSA, DILIA and INTERGRAM „Support to the Enforcement of Intellectual Property Rights“ update and upgrade of existing information system elaboration of a new methodology of enforcement of intellectual property rights in the Czech Republic and methodology of co-operation among respective institutions creation of training materials and training Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 12 Activities of the IPO - increasing public awareness Project: „ORIGINAL“ project of International Chamber of Commerce in the Czech Republic (ICC CR) in cooperation with:Industrial Property Office, Ministry of Industry and Trade, Ministry of Finance, Ministry of Justice, Ministry of Interior, Ministry of Culture, Police of the Czech Republic, General Directorate of Taxes, Czech Trade Inspection, Czech Agriculture and Food Inspection Authority, etc. aims: prevent the pirated and counterfeited goods to enter the market, improve the enforcement of industrial property rights in the Czech Republic, increase the awareness of public and enterprises in the field of industrial property rights Project: „ORIGINAL“ project of International Chamber of Commerce in the Czech Republic (ICC CR) in cooperation with:Industrial Property Office, Ministry of Industry and Trade, Ministry of Finance, Ministry of Justice, Ministry of Interior, Ministry of Culture, Police of the Czech Republic, General Directorate of Taxes, Czech Trade Inspection, Czech Agriculture and Food Inspection Authority, etc. aims: prevent the pirated and counterfeited goods to enter the market, improve the enforcement of industrial property rights in the Czech Republic, increase the awareness of public and enterprises in the field of industrial property rights Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 13 Seminars, Conferences, Lectures Cooperation with national educational, business and other bodies: the Metropolitan University of Prague, Charles University, Czech Technical University in Prague etc., Judicial Academy in Kroměříž, Czech Association of Inventors and Innovators, Association of Innovative Entrepreneurship, Design Cabinet, Czech Chamber of Commerce, etc. Cooperation with international organizations: WIPO (WorldWide Academy), EPO ( EPO Academy), TAIEX EU, OHIM Cooperation with national educational, business and other bodies: the Metropolitan University of Prague, Charles University, Czech Technical University in Prague etc., Judicial Academy in Kroměříž, Czech Association of Inventors and Innovators, Association of Innovative Entrepreneurship, Design Cabinet, Czech Chamber of Commerce, etc. Cooperation with international organizations: WIPO (WorldWide Academy), EPO ( EPO Academy), TAIEX EU, OHIM Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 14 Cooperation with the European Patent Organization an intergovernmental organisation established by the Convention on the Grant of European Patents (European Patent Convention; EPC) of 5 October 1973 the purpose – strengthen co-operation between the Contracting States of Europe in respect of the protection of inventions based on a single application procedure following the uniform patent legislation currently 36 Member States (Czech Republic acceded since 1 July 2002) EPO – the European Patent Office (grants the European patents) - the Administrative Council (supervised the Office activities) the Office President – Alison Brimelow location: Munich, Berlin, The Hague, Vienna an intergovernmental organisation established by the Convention on the Grant of European Patents (European Patent Convention; EPC) of 5 October 1973 the purpose – strengthen co-operation between the Contracting States of Europe in respect of the protection of inventions based on a single application procedure following the uniform patent legislation currently 36 Member States (Czech Republic acceded since 1 July 2002) EPO – the European Patent Office (grants the European patents) - the Administrative Council (supervised the Office activities) the Office President – Alison Brimelow location: Munich, Berlin, The Hague, Vienna Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 15 European Patent Convention 2000 the second revision of the EPC in entered into force of 13 December 2007 aim: to accommodate EPC to the other international treaties (TRIPS, PLT, PCT) the main amendments: prior art of the European patent applications (Art. 54(3) EPC-2000) patentability of the second medical use (Art.54(4) EPC-2000) filing language of a European patent application (Art. 14(2) EPC- 2000) conditions for the granting the priority date complied with the PLT claiming the priority right complied with TRIPS and PLT leaving the separated performing of search and examination universal remedy at the failing to observe a time limit by an applicant – further processing of the application (Art. 121 EPC-2000) the second revision of the EPC in entered into force of 13 December 2007 aim: to accommodate EPC to the other international treaties (TRIPS, PLT, PCT) the main amendments: prior art of the European patent applications (Art. 54(3) EPC-2000) patentability of the second medical use (Art.54(4) EPC-2000) filing language of a European patent application (Art. 14(2) EPC- 2000) conditions for the granting the priority date complied with the PLT claiming the priority right complied with TRIPS and PLT leaving the separated performing of search and examination universal remedy at the failing to observe a time limit by an applicant – further processing of the application (Art. 121 EPC-2000) Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 16 EPC 2000 the main amendments : regulated the central procedure of the limitation of the protection scope at the request of the patent proprietor (Art. 105(a)-(c) EPC- 2000) regulated the possibility for the revision of decisions of Boards of Appeal by the Enlarged Board of Appeal explicitly mentioned the equivalents theory (Act.2 of Protocol on Art. 69 EPC-2000) number of provisions moved from Convention to the Implementing Regulations, which was renumbered the main amendments : regulated the central procedure of the limitation of the protection scope at the request of the patent proprietor (Art. 105(a)-(c) EPC- 2000) regulated the possibility for the revision of decisions of Boards of Appeal by the Enlarged Board of Appeal explicitly mentioned the equivalents theory (Act.2 of Protocol on Art. 69 EPC-2000) number of provisions moved from Convention to the Implementing Regulations, which was renumbered Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 17 Patentable inventions (Art. 52 EPC-2000) (1) European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 18 Patentable inventions (Art. 52 EPC-2000) (2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1:paragraph 1 (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information. (3) Paragraph 2 shall exclude the patentability of the subject- matter or activities referred to therein only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.Paragraph 2

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 19 Exceptions to patentability (Art. 53 EPC-2000) European patents shall not be granted in respect of: (a) inventions the commercial exploitation of which would be contrary to "ordre public" or morality; such exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States; (b) plant or animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof; (c) methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body; this provision shall not apply to products, in particular substances or compositions, for use in any of these methods.

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 20 Cooperation with the EU in the field of patents April Communication from the Commission to the European parliament and the Council – Enhancing the patent system in Europe re-opened the debate about a Community patent after consultations held with the stakeholders in 2006, the Commission was convinced of possibility for creation of a truly competitive and attractive Community patent many stakeholders criticise the Council's Common Political Approach adopted in 2003 on the grounds of: high costs of translation arrangements; and the excessive centralisation of the proposed jurisdictional system April Communication from the Commission to the European parliament and the Council – Enhancing the patent system in Europe re-opened the debate about a Community patent after consultations held with the stakeholders in 2006, the Commission was convinced of possibility for creation of a truly competitive and attractive Community patent many stakeholders criticise the Council's Common Political Approach adopted in 2003 on the grounds of: high costs of translation arrangements; and the excessive centralisation of the proposed jurisdictional system Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 21 Current Discussion at the EU level proposed 3 options for arrangement of the jurisdictional system for a Community patent: EPLA (the draft European Patent Litigation Agreement) a Community jurisdiction for European and Community patents in the framework of the Community the Commission's compromise – a combination of features of both EPLA and a Community jurisdiction proposed 3 options for arrangement of the jurisdictional system for a Community patent: EPLA (the draft European Patent Litigation Agreement) a Community jurisdiction for European and Community patents in the framework of the Community the Commission's compromise – a combination of features of both EPLA and a Community jurisdiction Industrial Property Officewww.upv.cz Council Working Party on Intellectual Property (patents) – German, Portuguese, Slovene, French, Czech, and Swedish Presidency of the European Council: Community patent Patent jurisdiction

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 22 4 Key Objectives of Community Patent to facilitate the protection of innovation for European companies; to foster competitiveness of European businesses, including SMEs, in the global economy; to guarantee the functioning and financial security of the EPO; to allow for harmonious co-existence between national, European and Community patents. to facilitate the protection of innovation for European companies; to foster competitiveness of European businesses, including SMEs, in the global economy; to guarantee the functioning and financial security of the EPO; to allow for harmonious co-existence between national, European and Community patents. Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 23 Advantages of Community Patent unitary patent protection on the EU territory; filing of only one patent application; centralized patent procedure; unitary effects: a patent could be granted, transferred, revoked or lapse only for the whole EU territory; unitary renewal fee. unitary patent protection on the EU territory; filing of only one patent application; centralized patent procedure; unitary effects: a patent could be granted, transferred, revoked or lapse only for the whole EU territory; unitary renewal fee. Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 24 European and Community Patents Court the draft Agreement on the European and Community Patents Court already considerably elaborated proposed an international mixed agreement (including non-members of the EU) currently the EU Member States requested for an opinion by the European Court of Justice (ECJ) on the compatibility under the EC Treaty of the envisaged Agreement the draft Agreement on the European and Community Patents Court already considerably elaborated proposed an international mixed agreement (including non-members of the EU) currently the EU Member States requested for an opinion by the European Court of Justice (ECJ) on the compatibility under the EC Treaty of the envisaged Agreement Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 25 Outcomes of the Czech Presidency of the Council economic aspects of a Community patent – discussion based on the economic cost-benefits analysis of the Community patent conducted by Prof. van Pottelsberghe cooperation between national patent offices under the Community Patent (Enhanced Partnership) submitted the revised proposal for a Council Regulation on the Community Patent return of the provision on the compulsory licences update of the limitation of the patent effects regarding the pharmaceutical legislation („Bolar“ exception) provision of the patent invalidity (accommodated to the EPC-2000) new formulation of the provision enabling the conversion of a Community patent application into a European one economic aspects of a Community patent – discussion based on the economic cost-benefits analysis of the Community patent conducted by Prof. van Pottelsberghe cooperation between national patent offices under the Community Patent (Enhanced Partnership) submitted the revised proposal for a Council Regulation on the Community Patent return of the provision on the compulsory licences update of the limitation of the patent effects regarding the pharmaceutical legislation („Bolar“ exception) provision of the patent invalidity (accommodated to the EPC-2000) new formulation of the provision enabling the conversion of a Community patent application into a European one Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 26 Outcomes of the Czech Presidency of the Council economic aspects of the patent jurisdiction – discussion based on the economic cost-benefit analysis of a unified and integrated European patent litigation system conducted by Prof. Harhoff elaboration of the Draft Agreement and Draft Statute to such a form that the request would be accepted by the ECJ discussion on the negotiation mandate for the Commission to open negotiations for the adoption of an Agreement – approval postponed to issuing the ECJ opinion settled the content and the specific wording of the request for an opinion by the European Court of Justice (ECJ) on the compatibility under the EC Treaty of the envisaged Agreement – proposal approved by the Council without discussion on 25 June 2009 economic aspects of the patent jurisdiction – discussion based on the economic cost-benefit analysis of a unified and integrated European patent litigation system conducted by Prof. Harhoff elaboration of the Draft Agreement and Draft Statute to such a form that the request would be accepted by the ECJ discussion on the negotiation mandate for the Commission to open negotiations for the adoption of an Agreement – approval postponed to issuing the ECJ opinion settled the content and the specific wording of the request for an opinion by the European Court of Justice (ECJ) on the compatibility under the EC Treaty of the envisaged Agreement – proposal approved by the Council without discussion on 25 June 2009 Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic 27 Objectives of the Swedish Presidency of the Council elaborated the revised proposal for a Council Regulation on the Community Patent – proposed to exclude provisions on languages (newly regulated by an agreement), renewal fees (newly regulated by a protocol to the revision act of the EPC) and enhanced partnership (newly regulated by a protocol to the revision act of the EPC) elaboration of the Draft Statute of the European and Community Patents Court further debate on the enhanced partnership between patent offices under the Community Patent – European Standard for Searches discussion on proposals for amendments to the EPC reaching the political agreement on a Community patent and approval of the Council conclusions in December 2009 elaborated the revised proposal for a Council Regulation on the Community Patent – proposed to exclude provisions on languages (newly regulated by an agreement), renewal fees (newly regulated by a protocol to the revision act of the EPC) and enhanced partnership (newly regulated by a protocol to the revision act of the EPC) elaboration of the Draft Statute of the European and Community Patents Court further debate on the enhanced partnership between patent offices under the Community Patent – European Standard for Searches discussion on proposals for amendments to the EPC reaching the political agreement on a Community patent and approval of the Council conclusions in December 2009 Industrial Property Officewww.upv.cz

INDUSTRIAL PROPERTY OFFICE Czech Republic INDUSTRIAL PROPERTY OFFICE Czech Republic Thank you! Industrial Property Office