Judicial Administration Structure for IP Disputes: Czech Republic

Administrative procedure is held on registration (cancellation) matters of industrial property rights before the Industrial Property Office, seated in Prague^[1]. Appeals are decided by the President of the Office, considering the opinion of the Appeal Committee appointed by him as an advisory body^[2].

In the case of plant varieties, registration and cancellation matters are similarly handled by the Central Institute for Supervising and Testing in Agriculture, seated in Brno^[3].

In addition, particular IP infringements are prosecuted as offences by general administrative authorities (i.e. local municipal administrative offices of larger municipalities with an appeal to the regional administrative offices)^[4].

Decisions of administrative authorities, including the decisions of the President of the Industrial Property Office, are subject to review under the jurisdiction of the (regular) administrative justice^[5]. The regional courts are competent in the first instance^[6]. The particular regional courts have jurisdiction according to the seat of the first instance administrative authority^[7]. Thus, given the seat of the Industrial Property Office, its decisions (through its President) are reviewed by the regional court for the capital city of Prague's territory, officially called the Municipal Court in Prague^[8]. The Supreme Administrative Court, seated in Brno, decides on cassation complaints against the decisions of all regional courts^[9].

Thus, there is no quasi-judicial authority in IP matters in the Czech Republic in the very sense of such a term.

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^[1] Art. 2 of Act No. 14/1993 Coll., on measures for the protection of industrial property.

^[2] Art. 152 of Act No. 500/2004 Coll., Administrative Code.

^[3] Art. 152(b) of Act No. 408/2000 Coll., on the protection of rights to plant varieties.

^[4] E.g. Art. 105c of Act. No. 121/200 Coll., Copyright Act. Art. 51a of Act. No. 441/2003 Coll, on trademarks. Art. 74 of Act No. 527/1990 Coll., on inventions and improvements. Art. 45a of Act. No. 207/2000 Coll., on the industrial design protection.

^[5] Art. 4 of Act. No. 150/2002 Coll., Administrative Procedure Code.

^[6] Art. 7(1) of the Administrative Procedure Code.

^[7] Art. 7(2) of the Administrative Procedure Code.

^[8] Art. 9(1) of Act. No. 6/2002 Coll., on courts and judges.

^[9] Art. 12(1) of the Administrative Procedure Code.

Civil disputes on enforcement of intellectual property rights are decided in the first instance by the regional courts of the seat of the defendant^[10]. As an exception, the Municipal Court in Prague has the exclusive first instance jurisdiction over enforcement of industrial property rights where such cases are decided (as an exception in the first instance) by the panel of three judges^[11]. The Municipal Court in Prague is also the first instance EU trademark court and Community design court^[12]. Appeals are decided by high courts (seated in Prague and Olomouc)^[13]. Recourses as extraordinary remedies against the decisions of high courts are decided by the Supreme Court, seated in Brno^[14].

Certain serious IP infringements are prosecuted as crimes on which the district courts decide (in principle) in the first instance with an appeal to regional courts^[15]. Exceptionally, the regional courts may decide in the first instance on intellectual property crimes if the conduct being prosecuted also meets the features of another crime for which the law imposes a minimum penalty of at least five years of imprisonment, eventually, another crime specified for that purpose by law, with an appeal to high courts^[16]. Recourses against decisions of all courts of appeals are handled by the Supreme Court^[17].

Aside from the judicial system as such, the Constitutional Court has the specific competence to repeal any decision of administrative authorities or courts, including the decisions of the Supreme Court or the Supreme Administrative Court, if it has violated fundamental right or freedom of an individual guaranteed by the Constitution^[18] which can, exceptionally, concern intellectual property cases.

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^[10] Arts. 9(2), 84 of the Act. No. 99/1963 Coll., Civil Procedure Code.

^[11] Art. 39(2) of the act on courts and judges, Art. 6(2) of the Act. No. 221/2006 Coll., on enforcement of industrial property rights.

^[12] Art. 6(1)(b)(c) of the act on enforcement of industrial property rights.

^[13] Art. 25 of the act on courts and judges.

^[14] Art. 10a of the Civil Procedure Code.

^[15] Art. 16 of Act. No. 141/1961 Coll., Criminal Procedure Code.

^[16] Art. 17 of the Criminal Procedure Code.

^[17] Art. 265c of the Criminal Procedure Code.

^[18] Art. 87(1)(d) of the Constitution of the Czech Republic.

There is no specialised IP court in the very sense of such a term in the Czech Republic. Certain specific features in this respect are vested in the Municipal Court in Prague as the administrative court reviewing decisions of the Industrial Property Office and the exclusive first instance court for civil enforcement of industrial rights, including EU trademarks and Community designs, where the civil cases are decided by the panel of three judges.

There are no publicly accessible particular statistics of IP cases in the Czech Republic.

Database of the Supreme Court Decisions
https://www.nsoud.cz/Judikatura/ns_web.nsf/WebSpreadSearch

Database of Administrative Courts Decisions
https://vyhledavac.nssoud.cz/Home/Index?formular=4

Database of District, Regional and High Court Decisions
https://rozhodnuti.justice.cz/

WIPO Lex – Czech Republic