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Intellectual Property

Czech Republic

In today’s knowledge economy, your intellectual property plays a key role in obtaining a competitive advantage. A cohesive strategy, including both commercialisation and enforcement, will ensure you get maximum value from your IP. With specialist IP lawyers throughout Central and Eastern Europe (CEE), we have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies, often across the region or in several jurisdictions.

Leading multinationals look to CMS for an integrated, cross-border service to meet their global needs and/or deal with global trademark portfolios, as well as specialist advice and representation in individual countries. Working with CMS gives you invaluable access to knowledge of the CEE markets and regulators, both locally and regionally. We work together with you to find the best solutions for your business.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. We focus on key sectors relevant to you such as lifesciences, automotive, machinery, manufacturing, consumer products, financial services, and technology, media and communications. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute, CMS dedicated contentious IP experts can guide you through the litigation process.

Our well recognised IP practice at CMS Prague has been developed as part of the Commercial, Regulatory and Disputes practice with a longstanding history in the Czech Republic. We regularly advise high-profile international and local clients on issues relating to patents, trademarks, designs and copyrights.

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17/10/2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
25/07/2018
Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
14/06/2018
CJEU rules that Louboutin's red sole trade mark is not a shape trade...
On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judge­ment in the case about Louboutin’s red sole trade mark, rul­ing that this trade mark does not re­late to a spe­cif­ic shape of sole for high-heeled shoes since the de­scrip­tion ex­pli­citly.
28/03/2018
Brexit up­date on In­tel­lec­tu­al Prop­erty Rights -Draft With­draw­al Agree­ment
On 20 March 2018 the UK and EU Com­mis­sion pub­lished the draft With­draw­al Agree­ment (here), which re­flects the cur­rent status of Brexit ne­go­ti­ations between the UK and the EU. The text of the Agree­ment has been col­our-coded to show: (1) agreed terms that are.
26/03/2018
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
19/03/2018
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.
15/03/2018
Trans­par­ency in Big Data – New in­form­a­tion rights of the GDPR
One of the GDPR’s main ob­ject­ives is to in­crease trans­par­ency in Big Data. Sub­sequently, con­trol­lers are re­quired to re­veal more de­tails of their data pro­cessing op­er­a­tions. In­form­a­tion rights as in­di­vidu­al rights In­form­a­tion rights as stip­u­lated in art­icles.
13/02/2018
GDPR: ma­jor im­pact on hotel in­dustry
In a de­vel­op­ment that is ex­pec­ted to re­ver­ber­ate across the hotel in­dustry of the Neth­er­lands and EU, the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (GDPR) is sched­uled to come in­to force on 25 May 2018. The GDPR was de­signed to strengthen pri­vacy rules, pro­tect the.
23/01/2018
Brus­sels Court of Ap­peal de­cides that Aldi’s Buval Pils­ner does not...
  In a de­cision of 12 Decem­ber 2017 the Brus­sels Court of Ap­peal over­turned the first in­stance de­cision and de­cided that Aldi’s Buval beer does not in­fringe In­Bev’s trade­mark and is in fact not con­trary to fair com­mer­cial prac­tices.
07/12/2017
CJEU strengthens sup­pli­ers of lux­ury goods – their third-party plat­form...
In a land­mark judg­ment of 6 Decem­ber 2017 (C-230/16 – Coty Ger­many), the Court of Justice of the European Uni­on (CJEU) has put a pre­lim­in­ary end to the dis­cus­sions on an­ti­trust is­sues con­cern­ing third-party plat­form bans for lux­ury goods - es­sen­tially provid­ing.
30/11/2017
EU is­sues draft guid­ance on data breach hand­ling
A data breach is a breach of se­cur­ity lead­ing to any ac­ci­dent­al or un­law­ful de­struc­tion/loss/dis­clos­ure of or ac­cess to any per­son­al data, pos­sibly re­quir­ing no­ti­fic­a­tion to the DPA or the af­fected data sub­jects.
30/10/2017
What next for in­ter­na­tion­al data trans­fers?
Sum­mary The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on (the “CJEU”), ask­ing wheth­er stand­ard data pro­tec­tion clauses (“stand­ard clauses”) are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.