CZECH REPUBLIC Law and Practice Contributed by: Petr Mlejnek, Robert Klenka, Matěj Manderla, Jan Wagner, Ivo Hartmann and Arbër Balliu, Tenacta, advokátní kancelář, s.r.o.
In serious cases, trade mark infringement may also result in criminal liability, particularly where the infringement is intentional and carried out on a com - mercial scale. 7.3 Industrial Designs Industrial design protection applies to the visual appearance of products rather than their technical functionality. Protection seeks to safeguard the aesthetic aspects of products where these create a distinctive overall appearance. Industrial design protection generally applies initially for a limited period and may subsequently be renewed up to a maximum duration of 25 years. Registration procedures generally require submission of: • applications; • visual representations of the design; and • identification of products concerned. The Czech Republic additionally participates in Euro - pean systems allowing broader territorial protection. Rights-holders generally possess exclusive rights concerning use of protected designs and may prevent unauthorised commercial use by third parties. Available remedies commonly include: • cessation of infringing activities; • damages; • destruction of infringing products; and • additional corrective measures. Criminal law remedies may also apply in serious cases of intentional infringement, similarly to the protection available for patents and trade marks under Czech law. 7.4 Copyright Copyright protection applies to original literary, artistic and scientific works as well as certain related subject matter. Protected works commonly include:
• written works; • music; • visual works;
• audiovisual content; • architectural works; • computer programs; and • other original creative works.
Unlike certain industrial property rights, copyright pro - tection generally arises automatically upon creation of a work and does not require registration. Economic rights generally continue for a period of 70 years following the death of the author. Copyright owners possess rights relating to: • reproduction; • distribution; • communication to the public; • modification; and • commercial exploitation. Moral rights also exist and generally protect the per - sonal relationship between authors and their works. Rights-holders may seek various remedies where infringement occurs. Available measures commonly include: • injunctions; • damages; • unjust enrichment claims; Additional forms of intellectual property protection exist under Czech law and may be particularly impor - tant in technology-driven and commercially sensitive industries. Software, Databases Software is generally protected under copyright law because computer programs are commonly regarded as literary works for legal purposes. Databases may benefit from: • copyright protection; and • removal of infringing materials; and • publication of corrective statements. 7.5 Others
258 CHAMBERS.COM
Powered by FlippingBook