Industrial property and EU Daniel Squerzi Daniel Squerzi Ministry of Industry and Trade of the Czech Republic Ministry of Industry and Trade of the Czech Republic March 2004 March 2004 V FORO DE INTERNACIONALIZACIÓN Murcia, 22 de marzo de 2004

I. Main changes in the field of Industrial Property after the accession of the Czech Republic to the EU How will the membership of the Czech Republic influence the valid national industrial property law How will the membership of the Czech Republic influence the valid national industrial property law What will be changed What will be changed What exactly new provisions contain and what it means What exactly new provisions contain and what it means

How will the membership of the Czech Republic influence the valid national industrial property law The membership of the Czech Republic in the EU will have no significant influence on the valid industrial property matters The membership of the Czech Republic in the EU will have no significant influence on the valid industrial property matters - based on national legislation - based on international treaties - No significant change in national legislation

What will be changed New regulations coming into force New regulations coming into force - Council Regulation (EC) No 40/94 on the Community trade mark - Council Regulation (EC) No 6/2002 on Community designs - Council Regulation (EEC) No 1768/92 concerning the creation of a supplementary protection certificate for medicinal products - Council Regulation (EC) No 6/2002 on Community designs - Council Regulation (EEC) No 1768/92 concerning the creation of a supplementary protection certificate for medicinal products - Regulation (EC) No 1610/96 of the European Parliament and of the Council concerning the creation of a supplementary protection certificate for plant protection products - Provisions complementing the above mentioned regulations

What do new provisions contain? After the accession the trade mark or design registered or inscribed according to the above mentioned regulations shall extend to the new member states with the same effect within the whole Community After the accession the trade mark or design registered or inscribed according to the above mentioned regulations shall extend to the new member states with the same effect within the whole Community The registration of Community trade mark or design must not be dismissed only for the reason of the accession of a new member state The registration of Community trade mark or design must not be dismissed only for the reason of the accession of a new member state Objection against the Community trade mark registration Objection against the Community trade mark registration Possible ban of Community trade mark utilisation Possible ban of Community trade mark utilisation

Specific mechanism Rights provided by patent or additional protective certification Rights provided by patent or additional protective certification Movement of the product within the market Movement of the product within the market Medicinal products Medicinal products Geographical indications Geographical indications

II. Controversial issues of industrial property protection relating to the Czech Republic’s accession to the EU European trade mark, European patent Subsequent to the Czech Republic’s accession to the European Union producers may face problems in the area of industrial property Subsequent to the Czech Republic’s accession to the European Union producers may face problems in the area of industrial property Several types of conflicts may occur Several types of conflicts may occur

Possible types of conflicts Breach of rights to trade marks so far only valid in the EU, Breach of rights to trade marks so far only valid in the EU, Breach of rights to patents, industrial designs, so far only valid in the EU, Breach of rights to patents, industrial designs, so far only valid in the EU, Breach of rights to the valid appellation of origin or geographical designation (special names for teewurst, domestic rum, smoked Hungarian salami) Breach of rights to the valid appellation of origin or geographical designation (special names for teewurst, domestic rum, smoked Hungarian salami)

What needs to be done? Check whether the used marking (designation) of products is not protected in EU Member States, namely as a trade mark or appellation of origin, Check whether the used marking (designation) of products is not protected in EU Member States, namely as a trade mark or appellation of origin, If not, consider, whether protection of these names or logos in the EU territory should not be secured already now If not, consider, whether protection of these names or logos in the EU territory should not be secured already now

How to proceed in the EU? Protection may be obtained through the so- called „European mark“ or protection in the territory of one of EU Member States Protection may be obtained through the so- called „European mark“ or protection in the territory of one of EU Member States Appellation of origin needs to be protected first in the territory of the Czech Republic and then apply for extension of protection to the EU. Appellation of origin needs to be protected first in the territory of the Czech Republic and then apply for extension of protection to the EU.

In the event that the indication of origin is not registered in the Czech Republic on the day of the Czech Republic’s accession to the EU, obtaining of protection subsequent to the accession will be much more complicated – stricter conditions for its obtaining. In the event that the indication of origin is not registered in the Czech Republic on the day of the Czech Republic’s accession to the EU, obtaining of protection subsequent to the accession will be much more complicated – stricter conditions for its obtaining.

Thank you for your attention and wish you every success both in your work and personal life