Czech Republic: counterfeit and pirated goods

Czech Republic

Czech customs and the courts have become increasingly active in seizing clothing, software, audio/video recordings, toys and other goods being imported into the Czech Republic that infringe trade marks, copyrights, patents and other intellectual property rights.

CMS Cameron McKenna v.o.s. in Prague has acted in a number of recent cases helping clients to protect their proprietary interests against illegal imports under both EU (Regulation 1383/2003) and local legislation.

If you suspect that your company's IP rights are being infringed by illegal imports:

  •  Fill in the relevant application form asking to be notified by the customs authorities whenever they detect goods suspected to breach your intellectual property rights
  • When notified of any goods which do infringe your rights, ask the customs for details of the importer and recipient of the goods
  • Within 10 days of notification, start court proceedings against the importer and/or recipient for a determination that the goods infringe your rights, in which case the goods will be detained by customs
  • Where the court finds that your rights have been infringed, the customs authorities will destroy the goods at the expense of the importer and the recipient.