Industrial property protection

Service Description
Awards AnD Media
Team

We have extensive experience in protecting and enforcing intellectual property rights, both in combating counterfeit and pirate goods, and in providing protection against parallel imports from third countries. Working closely with the client and in accordance with client needs, our specialised team of experienced lawyers are ready at all times to propose specific steps to provide the client with full support in combating undesirable conduct in relation to their brands. In this context, we provide the following services in particular:

  • active monitoring of the market, particularly marketplaces and stalls, retail chains and other shops, at the request of the client, or as part of a proactive prevention strategy
  • active monitoring of the Internet in cooperation with the Internet Crime Department of the customs administration
  • detention of counterfeit and pirated goods in all stages of sale or distribution, in collaboration with Customs authorities
  • filing applications for measures in the domestic market
  • filing applications for measures relating to imports of goods into the EU
  • destruction of counterfeit and pirated goods via customs administration which is recorded in a report and photographs are taken
  • obtaining information from infringers, including, without limitation, information about previously sold and imported goods
  • sending qualified requests (letters before action) demanding that infringers cease and desist from engaging in unlawful conduct
  • bringing actions and seeking preliminary rulings to limit any potential possibility of further dealing with the goods, including ascertaining the facts in collaboration with a third party, e.g., a notary
  • entering into agreements with infringers, or obtaining the infringer’s consent to the destruction of goods
  • preparing expert assessments for the administrative authority, and contacting persons infringing industrial property rights
  • advising on the filing of criminal information and the prosecution of persons infringing on industrial property rights or trade mark rights
  • assisting the Police of the Czech Republic in the prosecution of persons infringing on industrial rights or trade mark rights, including entering into agreements for damages 

Our office has long-term relationships with both the Customs authorities and the Czech Trade Inspection Authority. Both in respect of import of counterfeit goods and during inspections in the internal market, we work closely with relevant authorities or members of mobile supervision teams who monitor infringements of industrial property rights directly in the field. A specialised team also works with the General Directorate of Customs and its legal department, as well as with the Internet Crime Department of the customs administration that monitors the Internet for goods infringing industrial rights. We also organise regular training for the inspection authorities.

HAVEL & PARTNERS’ experts provided comprehensive legal support to the Volkswagen Group’s largest Czech company ŠKODA AUTO in resolving disputes over the use of the ŠKODA sign. The long-standing disputes with the Škoda Group’s engineering companies, which are part of the PPF Group, ended with an agreement among all parties on the transfer of rights […]
The law firm HAVEL & PARTNERS has responded to clients’ needs and introduced another innovative solution. Under the brand named Certoo, it offers a unique opportunity to obtain indisputable, secure and immutable proof of authorship of documents and data. Certoo protects ownership with an irrefutable blockchain time stamp and ownership certificate, which could also be […]
Authors: Ivan Rámeš, Tereza Hrabáková Although the United Kingdom left the European Union at the end of January 2020, there is now a transitional period ending on 31 December 2020. This means that the United Kingdom continues to comply with EU rules. There are therefore no changes in the filing or scope of protection of EU trade […]
The amendment to the Trademark Act (the “Amendment”) is to come into effect on 1 January 2019 and 14 January 2019 in the Czech Republic and Slovakia, respectively. The EU-Directive-based Amendment is rather extensive and introduces a number of crucial changes to trademark owners. One of the most important ones, in our view, is that […]
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