Intellectual property

What is intellectual property

Intellectual property, or the subject-matter thereof, is intangible assets, i.e. the results of creative (intellectual) efforts of persons, which are capable of material expression in any form perceptible by human senses. These may include literary and other works of art, inventions, new technical solutions, trademarks or know-how. The creator of the subject-matter of intellectual property is always an individual or a group of people – authors or originators.

In the Czech legal system, intellectual property rights are divided as follows:

1. Copyright
2. Rights related to copyright
3. Rights of the acquirer to the database acquired by him
4. Industrial rights (e.g. rights to an invention, utility model or trademark)

The creation of such intangible assets is protected by non-transferable, non-proprietary (personality) rights. The use of intangible assets is then protected by proprietary rights, namely:

1. Absolute (exclusive) in nature (e.g. author’s right to use a work, producers’ right to use an audio recording)
2. Relative (non-exclusive) in nature (e.g. contractual or statutory licences)

Only the creators of intangible assets are entitled to exercise non-proprietary rights. On the other hand, absolute proprietary rights may be exercised by other persons, for example:

1. Owner (applicant) of the subject-matter of the industrial property
2. Legal successor to the creator or applicant (owner) in certain cases
3. Persona authorised under a contractual or statutory licence

Principles of intellectual property law

All intellectual property rights are based, inter alia, on the principles of territoriality or temporal limitation. The principle of territoriality means that intellectual property rights apply only to the territory of a particular state and legal protection in the territory is governed by the law of that state. According to the principle of temporal limitation, all intellectual property rights are protected only for a certain period (i.e. in the case of copyright, for the author’s lifetime and 70 years after his death).

Licence agreements

The authorisation to exercise intellectual property rights can be granted through licence agreements.

If you seek legal services related to intellectual property, do not hesitate to contact us at any time.

What situations do we typically handle for our clients regarding intellectual property?

• Industrial designs
• Production contracts
• Artists’ rights
• Trademark applications and registration
• Copyright infringement on the Internet
• Designation of origin
• Representation before the Industrial Property Office
• Drawing up and revising the documentation of licence agreements
• Revising functional specifications of applications