Enforcing Patents, Trademarks and Designs in the Czech Republic
One point of contact for foreign right holders. Our goal is a business result — stopping competitors from making, offering, selling, using, importing or exporting copies in the Czech Republic — not litigation for its own sake.
Which rights can be enforced
Patent
Czech national patent, European patent validated in CZ, or European patent with unitary effect (enforceable before the UPC).
Utility model
Fast, unexamined protection for technical solutions — strong in practice, but validity is often challenged.
Trademark
Czech or EU trademark (EUTM); the main tool against counterfeits and look-alike brands.
Design
Czech or registered/unregistered Community design protecting the appearance of a product.
Unfair competition
Protection without registration against slavish imitation and free-riding on reputation (§ 2976 et seq. Civil Code).
Six ways to stop an infringer
1. Cease-and-desist letter
A warning letter with a deadline and a draft undertaking — often the fastest and cheapest way to a settlement.
2. Civil court action
Injunction (prohibition of sale, offering, import and export), removal of goods, damages, unjust enrichment, information on distribution channels and publication of the judgment.
3. Administrative offence proceedings
Complaint to the municipal authority with extended powers: § 74a Patent Act, § 20a Utility Models Act, § 51a Trademark Act. Fines up to CZK 250,000 for patents and utility models, a ban on activity and publication of the decision.
4. Customs detention
Application for customs action (EU Regulation 608/2013) so that Czech Customs detains suspected goods at the border or in circulation.
5. Online marketplaces
Notice-and-action under the Digital Services Act (Regulation (EU) 2022/2065) and the CJEU judgment Louboutin v Amazon (C-148/21 and C-184/21).
6. Trade fair enforcement
Evidence and preliminary injunctions served at the booth — MSV Brno and other Czech and German trade fairs.
Cross-border disputes
- Jurisdiction under Brussels I bis (Regulation 1215/2012) — where to sue a foreign infringer.
- Applicable law under Rome II (Regulation 864/2007) — the law of the country for which protection is claimed.
- Unified Patent Court (UPC) — one action for European patents with unitary effect in participating states, including the Czech Republic once it ratifies.
- Germany — direct representation before the DPMA and German courts for patents, utility models (Gebrauchsmuster) and trademarks.
Related (in Czech): Cross-border licensing, Unitary patent and UPC, Germany.
Search, licensing and funding
- Paid trademark infringement search — we monitor agreed marketplaces and channels, assess findings legally and propose a defence strategy.
- Freedom-to-operate analysis before launching a product in the Czech Republic.
- Licensing as an alternative to a dispute — including standard essential patents (SEP) and FRAND terms.
- Litigation funding (a third party covers costs for a share of the recovery) and legal expenses insurance.
Related (in Czech): Infringement search, SEP and FRAND, Litigation funding, Costs.
Frequently asked questions
How fast can a preliminary injunction be obtained?
Czech courts generally decide on a motion for a preliminary injunction within 7 days of filing. The applicant must substantiate the claim and the urgency and pay a security deposit.
Do I need a Czech representative?
Foreign right holders can act through a Czech patent attorney or attorney-at-law. We represent clients directly before Czech authorities and courts and, for German matters, directly before German authorities and courts.
In which language are proceedings conducted?
Proceedings before Czech courts and authorities are conducted in Czech; foreign-language evidence usually needs a translation. We communicate with clients in English, German and Czech.
What does enforcement cost?
It depends on the route: a cease-and-desist letter or an administrative complaint costs far less than full litigation. We agree the scope and budget in advance; litigation funding or legal expenses insurance may cover part of the costs.
What should I do first?
Secure evidence (test purchase, dated screenshots, invoices, catalogues), check which registered rights cover the product in the Czech Republic and contact us before you warn the infringer.
Call +420 608 785 607 or send an enquiry.
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