Newsletters and Bulletins / February 2002 / Czech Republic |
|
Czech Republic - New Law Governing the Import, Export and Re-Export of Counterfeit Goods to Protect Trademark Owners The new law was designed to comply with the TRIPs agreement and to bring Czech law into closer harmony with the laws of the European Union. A trademark owner may now file a Request with Customs to seize goods believed to be counterfeit. The Request must describe the counterfeit goods precisely, include proof that the goods are counterfeit and evidence showing rights in the trademark. Customs will require a bond to be posted and the party filing the Request is liable for any damages caused, if the goods are found not to be counterfeit. Customs may also act on its own initiative, if goods thought to be counterfeit are discovered. In that event, the trademark owner is notified of his right to proceed against a suspected counterfeiter. If the trademark owner fails to file a Request, as described above, within 3 days of receiving notice from Customs, his right to take action is lost. After the Request is granted and the goods are seized by Customs, the trademark owner has 10 days within which to seek an injunction. If an injunction is granted by the Court and the goods are held to be counterfeit, the goods may be destroyed or, if feasible, the infringing trademark may be removed from the goods.
|
[Home] [About Ladas & Parry LLP]
[Contact Us] [Search]
[Trademarks] [Domain Names
& E-Commerce] [Patents & Copyrights]
[Litigation] [IP Rights
Maintenance] [IP as Property] [News
& Bulletins]
© Copyright 2002 Ladas & Parry - Posted February 2002
Please read our disclaimer.