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
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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