1. Patents: Assignment
    1. 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 
    2. 2. Which formalities must be met to record a patent assignment? Which supporting documents are required?
    3. 2.1 Are original supporting documents essential or are copies sufficient?
    4. 2.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 2.3 Is there a must to use a specific form?
    6. 3. What are the legal consequences of not recording the patent assignment? Does the record in the patent register have declarative or constitutive effect?
    7. 4. Are there specific formalities in case the patent is held by more than one proprietor? 
    8. 5. Is there a need to appoint a domestic professional representative?
    9. 6. Which official fees (if any) arise from recording a patent assignment?
  2. Patents: Licensing
    1. 7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)? 
    2. 8. Which formalities must be met to record a patent licence? Which supporting documents are required?
    3. 8.1 Are original supporting documents essential or are copies sufficient?
    4. 8.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 8.3 Is there a must to use a specific form?
    6. 9. What are the legal consequences of not recording the patent licence? Does the record in the patent register have declarative or constitutive effect?
    7. 10. Is there a need to appoint a domestic professional representative?
    8. 11. Which official fees (if any) arise from recording a patent licence?
  3. Patents: Pledge
    1. 12. It is possible to pledge a patent? If yes, is it required to record such pledge in the patent register?
  4. Trademarks: Assignment
    1. 1. How may a trademark be assigned (by law and/or transaction) and is it required to record the assignment in the national trademark register to become effective? 
    2. 2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?
    3. 2.1 Are original supporting documents essential or are copies sufficient? 
    4. 2.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 2.3 Is there a must to use a specific form?
    6. 3. What are the legal consequences of not recording the trademark assignment? Does the record in the trademark register have declarative or constitutive effect?
    7. 4. Are there specific formalities in case the trademark is held by more than one proprietor? 
    8. 5. Are there specific formalities in case a trademark is only partially assigned? 
    9. 6. Is there a need to appoint a domestic professional representative?
    10. 7. Which official fees (if any) arise from recording a trademark assignment?
  5. Trademark: Licensing
    1. 8. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 
    2. 9. Which formalities must be met to record a trademark licence? Which supporting documents are required?
    3. 9.1 Are original supporting documents essential or are copies sufficient? 
    4. 9.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 9.3 Is there a must to use a specific form?
    6. 10. What are the legal consequences of not recording the trademark licence? Does the record in the trademark register have declarative or constitutive effect? 
    7. 11. Are there specific formalities in case a trademark is only partially licenced? 
    8. 12. Is there a need to appoint a domestic professional representative?
    9. 13. Which official fees (if any) arise from recording a trademark license?
  6. Trademark: Pledge
    1. 14. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

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Czech Republic
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Patents: Assignment

1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 

A patent can be assigned by contract, by law or by court order.

The assignment must be recorded in the register to become effective.

2. Which formalities must be met to record a patent assignment? Which supporting documents are required?

An application accompanied by the supporting documents is required for the assignment to be recorded.

The patent assignment agreement must be attached to the application.

2.1 Are original supporting documents essential or are copies sufficient?

The patent assignment agreement must be executed in written form (incl. electronic) and submitted in original or notarised copy.

2.2 Are there any legalization and/or notarization and/or translation requirements?

Apart from the patent assignment agreement, there are no legalisation or notarisation requirements. Documents must be submitted in the Czech language; however, the Czech IPO usually accepts English language documents.

2.3 Is there a must to use a specific form?

No. Czech IPO issued a template form, which is recommended but is not mandatory.

The assignment of a patent is not effective without it being recorded in the register.

Being recorded in the register has a constitutive effect.

4. Are there specific formalities in case the patent is held by more than one proprietor? 

The agreement of all co-owners is required for the transfer of a patent.

The co-owner can sell his/her share to the patent without the consent of the other co-owners only to the other co-owners, or if the other co-owners do not accept his/her offer within one month, then also to third persons.

5. Is there a need to appoint a domestic professional representative?

Persons not domiciled or seated in the Czech Republic must appoint a professional representative in the Czech Republic.

Citizens or companies seated in the EU Member States or in the EEA Member States that have an establishment in the Czech Republic, or that provide services to the Czech Republic, are obliged to notify Czech IPO of the address for delivery in the Czech Republic.

6. Which official fees (if any) arise from recording a patent assignment?

Administrative fee of EUR 25 to record the assignment.

Patents: Licensing

7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)? 

There are contractual and compulsory licences in the Czech Republic. Contractual licences can either be exclusive or non-exclusive.

The licence becomes effective in accordance with the patent licence agreement concluded between the parties. The licence becomes effective towards third persons on the licence being recorded in the register.

8. Which formalities must be met to record a patent licence? Which supporting documents are required?

An application accompanied by the supporting documents is required for the licence to be recorded.

The patent licence agreement must be attached to the application.

8.1 Are original supporting documents essential or are copies sufficient?

The patent licence agreement must be executed in written form (incl. electronic) and submitted in original or notarised copy.

8.2 Are there any legalization and/or notarization and/or translation requirements?

Apart from the patent licence agreement, there are no legalisation or notarisation requirements. Documents must be submitted in the Czech language; however, Czech IPO usually accepts English language documents.

8.3 Is there a must to use a specific form?

No. Czech IPO issued a template form, which is recommended but is not mandatory.

The licence to a patent is not effective towards third persons without being recorded in the register.

Being recorded in the register has a declarative effect.

10. Is there a need to appoint a domestic professional representative?

Persons not domiciled or seated in the Czech Republic must appoint a professional representative in the Czech Republic.

Citizens or companies seated in the EU Member States or in the EEA Member States that have an establishment in the Czech Republic, or that provide services to the Czech Republic, are obliged to notify Czech IPO of the address for delivery in the Czech Republic.

11. Which official fees (if any) arise from recording a patent licence?

Administrative fee of EUR 25 to record the licence.

Patents: Pledge

12. It is possible to pledge a patent? If yes, is it required to record such pledge in the patent register?

Yes, a patent can be pledged.

The pledge must be recorded in the register to become effective.

Trademarks: Assignment

1. How may a trademark be assigned (by law and/or transaction) and is it required to record the assignment in the national trademark register to become effective? 

A trademark can be assigned by contract, by law or by court order.

The assignment must be recorded in the register to become effective.

2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?

An application accompanied by the supporting documents is required for the assignment to be recorded.

The trademark assignment agreement, its respective parts, or a joint statement by the assignor and the assignee must be attached to the application.

2.1 Are original supporting documents essential or are copies sufficient? 

The trademark assignment agreement or the joint statement must be executed in written form (incl. electronic) and submitted in original or notarised copy.

2.2 Are there any legalization and/or notarization and/or translation requirements?

Apart from the trademark assignment agreement or the joint statement, there are no legalisation or notarisation requirements. Documents must be submitted in the Czech language; however, Czech IPO usually accepts English language documents.

2.3 Is there a must to use a specific form?

No. Czech IPO issued a template form, which is recommended but is not mandatory.

The assignment of a trademark is not effective without being recorded in the register.

Being recorded in the register has a constitutive effect.

4. Are there specific formalities in case the trademark is held by more than one proprietor? 

The agreement of all co-owners is required for the transfer of a trademark.

The co-owner can sell his/her share to the trademark without the consent of the other co-owners only to the other co-owners, or if the other co-owners do not accept his/her offer within one month, then also to third persons.

5. Are there specific formalities in case a trademark is only partially assigned? 

The partial transfer of a trademark is permitted in the Czech Republic.

It must be ensured that the goods and services of the remaining registration and the new registration do not overlap. A separate file will be created for the new registration with a new registration number.

6. Is there a need to appoint a domestic professional representative?

Persons not domiciled or seated in the Czech Republic (or persons without their actual place of business in the Czech Republic) must appoint a professional representative in the Czech Republic.

Citizens or companies seated in the EU Member States or in the EEA Member States that have an establishment in the Czech Republic, or that provide services to the Czech Republic, are obliged to notify Czech IPO of the address for delivery in the Czech Republic.

7. Which official fees (if any) arise from recording a trademark assignment?

Administrative fee of EUR 25 to record the assignment.

Trademark: Licensing

8. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 

There are only contractual licences in the Czech Republic. The licences can either be exclusive or non-exclusive.

The licence becomes effective according to the trademark licence agreement concluded between the parties. The licence becomes effective towards third persons on the licence being recorded in the register.

9. Which formalities must be met to record a trademark licence? Which supporting documents are required?

An application accompanied by the supporting documents is required for the licence to be recorded.

The trademark licence agreement, its respective parts, or a joint statement by the licensor and the licensee must be attached to the application.

9.1 Are original supporting documents essential or are copies sufficient? 

The trademark licence agreement or the joint statement must be executed in written form (incl. electronic) and submitted in original or notarised copy.

9.2 Are there any legalization and/or notarization and/or translation requirements?

Apart from the trademark licence agreement or the joint statement, there are no legalisation or notarisation requirements. Documents must be submitted in the Czech language; however, Czech IPO usually accepts English language documents.

9.3 Is there a must to use a specific form?

No. Czech IPO issued a template form, which is recommended but is not mandatory.

The licence to a trademark is not effective towards third persons without being recorded in the register.

Being recorded in the register has a declarative effect.

11. Are there specific formalities in case a trademark is only partially licenced? 

The partial licence of a trademark, i.e. only to part of the goods or services, is permitted in the Czech Republic.

The goods or services for which the licence has been granted must be clearly specified.

12. Is there a need to appoint a domestic professional representative?

Persons not domiciled or seated in the Czech Republic (or persons without their actual place of business in the Czech Republic) must appoint a professional representative in the Czech Republic.

Citizens or companies seated in the EU Member States or in the EEA Member States that have an establishment in the Czech Republic, or that provide services to the Czech Republic, are obliged to notify Czech IPO of the address for delivery in the Czech Republic.

13. Which official fees (if any) arise from recording a trademark license?

Administrative fee of EUR 25 to record the licence.

Trademark: Pledge

14. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

Yes, a trademark can be pledged.

The pledge must be recorded in the register to become effective.