Designations of origin and geographical indications in the Czech Republic INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC Iva Koutná

Competence of the Industrial Property Office in the provision of protection of rights to indications: Act no. 14/1993 on Measures concerning Industrial Property Protection The Industrial Property Office is the central state administration authority for the protection of industrial property of the Czech Republic. The Office decides on the provision of protection of inventions, industrial designs, utility models, topographies of semi- conductor products, trademarks and designations of origin of goods.

History of protection of designations of origin and geographical indications  Protection of designations of origin had been provided in the form of independent notices of the correspondent state administration authorities since the 1950‘s (e.g. Olomoucké tvarůžky, Karlovarský suchar, Pardubický perník, Vamberecká krajka, České sklo, Jablonecká bižuterie, Český granát).  Czechoslovakia was a founding member of the Lisbon Agreement for the Protection of Designations of Origin and their International Registration in  A uniform legal regulation was adopted through Act no. 159/1975 Coll., on the Protection of Designations of Origin – a register of protected designations of origin was established.  The current legal regulation harmonized with the European law – Act no. 452/2001 Coll. on the Protection of Designations of Origin and Geographical Indications as amended.

Means of protection of designations of origin and geographical indications in the Czech Republic  Entry into the national register administered by the Industrial Property Office – 198 indications of agricultural and non-agricultural products have been registered  International registration in the register administered by the WIPO (26 member countries) – 813 indications for agricultural and non- agricultural products have been registered, 74 of which had been filed by Czech applicants  Protection of designations of origin by three bilateral agreements contracted between the former Czechoslovakia and Austria (1981), Portugal (1987) and Switzerland (1976)  Entry into the register administered by the European Commission for agricultural products and foodstuffs indications have been registered, 19 of them have been registered for Czech applicants so far (Council Regulation (EC) no 510/2006)  Entry into the register administered by the European Commission for wines and spirits – 8 indications for wines and 2 indications for spirits have been registered for Czech republic (Council Regulation (EC) no 491/2009 Council Regulation (EC) no 110/2008)

Czech designations of origin and geographical indications for agricultural products and foodstuffs after the accession of the Czech Republic to the European Union  31 applications were filed with the European Commission by Czech manufacturers in 2004  5 applications have been withdrawn  19 indications have already been registered  6 applications have been contested by objections  1 application is still in the procedure  3 geographical indications for Budějovice beer gained protection directly through the Accession Contract:  Budějovické pivo  Českobudějovické pivo  Budějovický měšťanský var

Registered Czech designations of origin and geographical indications for agricultural products and foodstuffs in the EU  Český kmín (spice)  Hořické trubičky (biscuit)  Chamomilla Bohemica (herb)  Karlovarský suchar (pastry)  Lomnické suchary (pastry)  Nošovické kysané zelí (vegetable)  Pardubický perník (pastry)  Pohořelický kapr (fish)  Štramberské uši (biscuit)  Třeboňský kapr (fish)  Všestarská cibule (vegetable)  Žatecký chmel (hops)  Chodské pivo (beer)  České pivo (beer)  Březnický ležák (beer)  Znojemské pivo (beer)  Černá hora (beer)  Brněnské/Starobrněnské pivo (beer)  Mariánskolázeňské oplatky (biscuit )

Czech applications contested by objections  Karlovarské oplatky (waffle)  Karlovarské trojhránky (waffle)  Olomoucké tvarůžky (cheese)  Jihočeská Niva (cheese)  Jihočeská Zlatá Niva (cheese)  Mariánskolázeňské oplatky (waffle - already has been registred)

Information provided to public Free and remotely accessible information:  General information concerning the protection of designations of origin and geographical indications (including personal consulting)  Search databases of protected designations of origin and geographical indications effective in the territory of the Czech Republic, the EU and the Lisbon Agreement countries  Forms for filing of applications for registration including guidance for their completion  Valid legal regulations concerning national, international and Community protection

Further development of protection of the designations of origin and geographical indications  Negotiations with WTO, WIPO, EC soil  Coexistence of national, international and Community protection  Harmonization of legal protection  Scope of protection for both agricultural and non-agricultural products  Simplification of the registration procedure

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