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Enforcement old and new

Jan Hák and Jana Remisova of PATENTSERVIS Praha explain how Customs enforcement has changed following the accession of the Czech Republic to the EU

Protection for IP rights owners in the Czech Republic, and especially enforcement of these rights, were strengthened in 1999 by a new Act No 191/1999 on Measures Concerning Import, Export and Re-export of Goods Infringing Certain Intellectual Property Rights.

This Act, usually called Measures on the Borders, fulfilled the obligations of the TRIPs Agreement and the European Convention for the accession of the Czech Republic to the European Union. The Act stipulated the conditions under which a Customs office could take measures where there was suspicion that goods revealed during Customs control and proposed to be released for free circulation, placed under export conditions or where a re-export application had been filed were counterfeit or pirated. The Act further defined what were to be understood by the terms counterfeit and pirated goods. Where there existed a justified suspicion that the controlled goods were counterfeits or pirated goods, the Customs office was authorized to retain them. If a court confirmed that...

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