Appellations of Origin and Geographical Indications
– Act on the Protection of Appellations of Origin and Geographical Indications and on Amendment to the Act on Consumer Protection No. 452/2001 of November 29, 2001, in force since April 1, 2002, as amended by Acts Nos. 131/2003, 501/2004, 375/2007, and 256/2011.
– Act No. 221/2006 Coll. of April 25, 2006 on Enforcement of Industrial Property Rights and on the Amendment of Industrial Property Protection Acts.
Filing and Protection
Appellation of origin and geographical indications are entered in the Register kept by the Patent Office.
Filing requirements for an application (to be sent to resident agent):
1. Name and address of the applicant;
2. Name of the appellation or indication;
3. Geographical definition of the territory where production, processing and preparation of goods takes place;
4. Specification of the place of business where the goods covered by the appellation of origin are produced;
5. List of goods to which appellation of origin should relate;
6. Description of characteristics or qualitative features of goods;
7. Extract from files kept by the State authority certifying that the place of business of the applicant is situated in given territory;
8. Application for agricultural products or foodstuffs must be supported by a specification, which stipulate their characteristics and defines the specialties of the geographical environment.
Examination: by the Office, and, if accepted, the registration is published in the Bulletin. Official fees have to be paid.
Duration of protection: is unlimited and shall arise on the day of entry in the Register.
Licensing: no license may be granted for the registered appellation of origin. The registered appellation of origin may not be provided as a guarantee.
Opposition: possible, by persons having a “lawful interest”, on the grounds that (a) the application does not fulfill the requirements of the Law; (b) there is, inter alia, a similar appellation or trademark; or (c) the name applied for has a common character.
Cancellation: on proposal from the person concerned or from the relevant inspection body and/or based on its own initiative.