Industrial Property Office

Notice from the Industrial Property Office concerning the situation in Japan


In view of the current tragic events after the earthquake in Japan attention is drawn to general legal provisions concerning the excuse of failure to comply with a time limit.

Following the Acts concerning the industrial property rights protection valid in the Czech Republic it is possible to require the excuse of failure to comply with a time limit in such exceptional cases.

The Office will excuse the failure to comply with a time limit caused by serious reasons in case the applicant will file a request in writing within two months from the removal of the cause for which the act could not be performed.
Failure to comply with a time limit may not be excused after expiry of a period of one year as from expiry of the period within which the act should have been performed.

Rights acquired by third parties between the date of expiry of the time limit that has not been complied with and the date on which the failure was excused shall not be affected.

Details including potential limitations are ruled by provisions of respective laws (§ 65 of the Act Nr. 527/1990 Coll. on patent and rationalization proposals, § 42 of the Act Nr. 207/2000 Coll. on industrial designs, § 43 of the Act Nr. 441/2003 Coll. on trademarks).