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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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21 November 2018
The cy­ber­se­cur­ity chal­lenge in Cent­ral and East­ern...
Are mul­tina­tion­al com­pan­ies pre­pared?
14/06/2019
The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic Ap­plic­ants”) filed an ap­plic­a­tion for a de­clar­a­tion of in­valid­ity.
13/06/2019
SPC Man­u­fac­tur­ing Waiver to come in­to ef­fect 1 Ju­ly 2019
Gen­er­ics com­pan­ies will soon be able to man­u­fac­ture SPC-pro­tec­ted drugs for ex­port out­side the EU un­der new man­u­fac­tur­ing waiver pro­vi­sions. In the last six months of the SPC life­time, it will also be al­low­able to man­u­fac­ture gen­er­ics for stock­pil­ing for “day.
30/05/2019
EPO's strict ap­proach to de­cid­ing if a com­pos­i­tion can be­ne­fit from...
The EPO Tech­nic­al Board of Ap­peal (TBA) re­viewed the law around nov­elty of use, and de­term­ined that in the case of Car­di­oPoly­mer, Inc. 's European pat­ent ap­plic­a­tion (EP07837908. 8), the claimed chem­ic­al en­tity did not qual­i­fy as a 'sub­stance or com­pos­i­tion'.
08/04/2019
A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
The Dir­ect­ive on Copy­right in the Di­git­al Single Mar­ket (the “Dir­ect­ive”) has now been ap­proved by the European Par­lia­ment and once ad­op­ted by the Coun­cil of the EU it will form part of the EU Mem­ber States’ na­tion­al le­gis­la­tion by the end of the im­ple­ment­a­tion.
03/04/2019
A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
The European Par­lia­ment voted on 26 March in fa­vour of the Dir­ect­ive on Copy­right in the Di­git­al Single Mar­ket (the “Dir­ect­ive”). If, as ex­pec­ted, it is ad­op­ted by the Coun­cil of the EU (rep­res­ent­at­ives of Mem­ber State gov­ern­ments) in mid-April, it will be­come.
01/04/2019
European Pat­ent Of­fice 2018 An­nu­al Re­port
The European Pat­ent Of­fice (EPO) 2018 An­nu­al Re­port was pub­lished this month show­ing cur­rent trends in the use of the sys­tem, as well as how the sys­tem is per­form­ing against qual­ity con­trol mark­ers. The US con­tin­ues to be the greatest user of the sys­tem in.
27/03/2019
Judg­ment on Ab­rax­is C-443/17; 21st March 2019
The CJEU de­livered its judg­ment last week on the case of Ab­rax­is v Comp­troller Gen­er­al of Pat­ents con­cern­ing Sup­ple­ment­ary Pro­tec­tion Cer­ti­fic­ates (SPCs) for new for­mu­la­tions of medi­cin­al products. The Court has ruled that Art­icle 3(d) of Reg­u­la­tion No 469/2009,.
13/02/2019
Dot eu do­main names in a no deal Brexit - What's the plan?
In­tro­duc­tion EUR­id is the private, in­de­pend­ent, not for profit or­gan­isa­tion that has op­er­ated the. eu TLD since 2003. Last year EUR­id re­por­ted the EU Com­mis­sion’s No­tice to Stake­hold­ers which an­nounced that in the event of a no deal Brexit, UK in­di­vidu­als and.
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.