International Conference on Intellectual Property Rights Protection in Europe Prague 22 May 2009 Practical Experience with Intellectual Property Rights Enforcement in the Czech Republic Petr Kusý LL.B.(Hons.) WIPOÚPV

2 Outline Types of IP Protection Administrative proceedings – Obtaining IP Rights – Challenging IP Rights Judicial Review Litigation – Enforcement – Preliminary/Interim Injunctions – Actions on Merit European Patent system

3 IP in the Czech Republic and Czechoslovakia – Austrian heritage some principles stand to-date – Founding of the Patent Office in 1919 – Famous cases Budweiser Budvar Škoda lásky/Roll out the Barrels

4 Author’s rights/Copyright; Trademarks; Patents; Utility Models; Industrial Designs; Trade Names; – Trade secrets; and – Right to be free from unfair competition » Know-how, domains etc.

5 – Administrative procedures - ÚPV/IPO Registration – Practical approach, inexpensive, relatively quick – Open to positive developments, – Predictable and consistent Opposition – Reasonably quick, predictable Revocation/invalidation – Bifurcated from infringement litigation (patents) Declaration of infringement/non-infringement

6 – Administrative procedures – ÚPV/IPO (cont.) Declarations of infringement/non-infringement – Decisions within a year – Very useful in patent cases – More predictable than courts/appointed experts Appeal – Unifying effect on decisions – Inexpensive, relatively quick, consistent – Judicial Review

7 Administrative Courts – Build-up of expertise » City Court in Prague, Supreme Admin Court – Further unifiying feature on IPO/ÚPV decisions – Commonly used procedure » IPO/ÚPV abides by decisions – Appeal decisions are published » IPO/ÚPV publishes all decisions

8 Enforcement of IP Rights – Litigation City Court in Prague has exclusive jurisdiction – Increased experience in less common areas » Patents, utility models, designs – Legal judges/Technical area High Court in Prague single appelate court – Further increase experience – More predictability

9 – Litigation (cont.) Preliminary/Interim injunctions – In favour of rightholder, » ex parte, no hearing, within 7 days, immediatelly enforceable, moderate bond, reduced burden of proof – Defendants feel they cannot effectively oppose » May not be heard at all due to single appeal – Situation similar to UK, „clear the way or“ be enjoined – Damages may be diffuclt to prove

10 – Litigation (cont. 2) Action on Merits – Effective in simple cases, but lengthy, b » but reasonably cheap – Patent and technical cases are still unpredictable » Change of Civil Procedure Code – Publication of decided cases needed to bring clarity to area of IP

11 European Patent System – Advocates of change Large companies, dominant states, EU – Benefit unification, single market – Small entities Not represented in negotiation – May be priced out of getting at least local patents – Cannot afford to defend even at regional level

12 Conclusion Questions?