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Intellectual Property

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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12/10/2021
De­com­pil­a­tion, de­fences and copy­right: CJEU Top Sys­tem De­cision
In a de­cision dated 6 Oc­to­ber 2021, the Court of Justice of the European Uni­on (CJEU) has cla­ri­fied that a law­ful user of a com­puter pro­gram may de­com­pile that pro­gram in or­der to cor­rect er­rors that...
14/09/2021
Le­gis­lat­ive frame­works to com­bat il­li­cit trade in med­ic­al products in the...
1. What le­gis­lat­ive frame­work is there to com­bat il­li­cit trad­ing and oth­er il­leg­al activ­it­ies in coun­ter­feited/fals­i­fied/di­ver­ted medi­cines in your jur­is­dic­tion? There are three gen­er­al le­gis­lat­ive frame­works...
Comparable
04/08/2021
3D shape of a lip­stick ac­cep­ted as an EU trade mark by the Gen­er­al Court
It is no­tori­ously dif­fi­cult to re­gister shapes as trade marks, be­cause con­sumers are not ac­cus­tomed to identi­fy­ing the ori­gin of spe­cif­ic products based on their ap­pear­ance alone without any oth­er graph­ic...
25/06/2021
Double pat­ent­ing: leg­al fact or fic­tion? (G4/19)
The En­larged Board of Ap­peal (EBA) has this week re­leased its de­cision re­gard­ing the is­sue of double pat­ent­ing. The concept of double pat­ent­ing will be fa­mil­i­ar to those work­ing in the pat­ent field. It...
14/06/2021
EPO ap­proach to ex­amin­ing com­puter im­ple­men­ted in­ven­tions
On Tues­day 25 May 2021, Heli Pih­la­jamaa, dir­ect­or of pat­ent law at the European Pat­ent Of­fice, gave a present­a­tion to CIPA’s com­puter tech­no­logy com­mit­tee on the Pat­entab­il­ity of com­puter-im­ple­men­ted...
11/06/2021
European Com­mis­sion’s IoT Sec­tor In­quiry: Pre­lim­in­ary Re­port pub­lished,...
On 9 June 2021, the European Com­mis­sion pub­lished its Pre­lim­in­ary Re­port on the con­sumer In­ter­net of Things (the “IoT”) Sec­tor In­quiry which it launched last sum­mer (see press re­lease here and Q&As...
08/06/2021
Trade secrets in Czech Re­pub­lic
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
Comparable
04/06/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
04/06/2021
Video­con­fer­ence or­al pro­ceed­ings be­fore The European Pat­ent Of­fice (G1/21)
The European Pat­ent Of­fice (EPO) was due to hear the re­fer­ral in G1/21 on Fri­day 28 May 2021 con­cern­ing the ques­tion of wheth­er the con­duct of or­al pro­ceed­ings in the form of a video­con­fer­ence is com­pat­ible...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/05/2021
Play­ing in bad faith? Has­bro’s ‘Mono­poly’ no longer ever­green
The Gen­er­al Court has up­held the de­cision of the EUIPO Board of Ap­peal (‘BOA’) in the case of Has­bro, Inc. v EUIPO (T-663/19), that Has­bro ac­ted in bad faith in its re-fil­ing (or so called “ever­green­ing”)...
14/05/2021
Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice
Doc­u­ment sign­ing has presen­ted nov­el chal­lenges in the new re­mote-work­ing en­vir­on­ment. Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice (EPO) can be straight­for­ward provided that the form­al re­quire­ments...