Intellectual property is an asset of an intangible nature that is the result of the process of human thinking. Intellectual property law is a set of legal norms governing social relationships arising from creative activities, non-creative business activities or activities resulting in an intangible asset.
The value of an intellectual property depends on the degree of subsequent usability, the benefit to individuals and society. Intellectual law can be exchanged, enjoyed, and protected in its form.
Mostly distinguished types of the intellectual property law are:
- Copyright
- Industrial law
Copyright
Copyright deals with the legal relations of the creators or authors of the works and users of these works (for example, musicians, writers, filmmakers ...). With this right, the state grants authors the right to their works for the time being. The copyright does not protect the thoughts or ideas themselves, but only the specific work that is the result of the author's creative activity.
In the Czech Republic, the protection of the intellectual property is enshrined in Article 34 of the Charter of Fundamental Human Rights and Freedoms as part of the constitutional order of the Czech Republic. The fundamental regulation of copyright is the Act No. 121/2000 Coll., on copyright, on rights related to copyright and on the amendment of certain laws (Copyright Act).
The provisions relate mainly to the works of authors who are citizens of the Czech Republic, whether they create their works anywhere. The works and performances of foreign nationals apply only if international agreements so provide.
The fact that the work is a copyrighted work is often signed by a © followed by the year and the name of the author.
Industrial rights
Industrial rights protect the results of technical creative activities (such as inventions and utility models), industrial design objects, design rights (trademarks and designations of origin) and design schemes for semiconductor products and others. They shall be made by the decision of the competent administrative authority. The process begins with registration and approval and subsequent registration with the Industrial Property Office in Prague.
Industrial rights include, for example, inventions, designs, trademarks, designations of origin, geographical indications, new plant varieties or animal breeds, biotechnological inventions and topographies of semiconductor products.
License
A license is a license or authorization to act or perform. In the area of industrial rights, a license is mostly for the use of a classified, protected or unpublished technical solution or the right to a designation.
Non-exclusive license agreement
The author grants the user permission to use his work and at the same time, he can use it himself and grant other licenses to other interested parties.
Exclusive license
In this case, the author may no longer provide the license or use the work himself, unless otherwise agreed with the transferee. The license may be limited to specific uses, limited in terms of location, time or quantity.
Requirements of the license agreement
- Precise and unambiguous identification of parties - the provider and the transferee
- Determination of industrial property rights
- Definition of rights
- Definition of royalty fees - lump sums, property values, consideration, etc.
The exclusive contract must be in writing. It is also possible to negotiate whether the authorization can be granted by the transferee to third parties as a sub-license. However, it must always be the author's consent, and the other person is subject to the same conditions as for the original transferee. For the grant of the license, there is a fee that is not conceived for the use of the work but for the granting of the license. If the transferee does not make sufficient use of the license, the author may withdraw from the contract.
If you are interested in our law services concerning intellectual property law, do not hesitate to contact us at any time.
