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FEBRUARY 2000

Czech Republic: 80 years of the Czech Patent Office

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Last year we witnessed celebrations of significant anniversaries connected with patent offices and IP rights in Germany and Austria. Meanwhile, the Czech Patent Office quietly marked the 80th anniversary of its foundation in 1919.

Soon after the First World War, in a very short time and under uneasy conditions, a few enthusiastic specialists succeeded in establishing a Patent Office, which thanks to quick and qualified decisions and a flexible access to international agreements quickly earned a prestigious position in Europe. Together with the Patent Office, the Patent Court was established as an appellate jurisdiction for the decisions of the Office. The successful development of the Patent Office, connected with the rapid evolution of industry and science, was proved by a great number of patent applications filed and patents granted, comparable with the most advanced states of those times. For example, in 1930 more than 10,000 patent applications were filed.

Unfortunately, the Second World War and the following years interrupted the successful period not only of the Patent Office, but also of the practical application of law in the field of IP rights. Thanks to the right people in the right places it was possible to continue from the successful pre-war years in 1990. It is not without interest that in 1993, when Czechoslovakia split into two independent states, the Czech Republic and Slovakia, the Czech Patent Office and the Slovak Patent Office used similar principles to Czechoslovakia in 1919, where the effects of the old Austrian Patent Act 30/1897 were extended to the whole territory of Czechoslovakia and patent applications filed in Vienna or Budapest were transferred upon request to Prague. Similarly in 1993, all IP Acts valid on the territory of Czechoslovakia were extended to the Czech Republic and Slovak Republic and patent applications filed prior to January 1 1993 continued without interruption in both republics, this time without request.

Patent Office activities in the past decade are comparable with those in the early 1920s. In a relatively short period, a number of new laws were suggested, discussed and adopted, such as Patents Act No 527/90, Patent Attorney´s Act No 237/91, Utility Models Act No 478/92 and Trade Marks Act No 137/95.

Patent Office activity in the coming period will be largely determined by preparation for the accession of the Czech Republic to the European Union and a process of acquis communautaire in our administrative rules will follow.

Before accession to the European Union, the Czech Republic will accede to the European Patent Convention. According to the decision of the Administrative Council of the European Patent Organization it can happen at any time after July 1 2002. This will require a full harmonization of legal regulations with rules valid in the European Union. Activities of the Czech Patent Office have already led to a Bill amending all IP rights, which is already being discussed by the Czech Parliament and is expected to be passed very soon.

Zdenka Prádná



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