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
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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