> Právní specializace > Intellectual property

Intellectual property

Key contacts

Robert Nešpůrek
Partner
robert.nespurek@havelpartners.cz

Jaroslav Havel
Managing Partner
jaroslav.havel@havelpartners.cz

Ivan Rámeš
Partner
ivan.rames@havelpartners.cz

Our team specialising in intellectual property is one of the largest in the Czech Republic and Slovakia. Approximately 20 experienced lawyers offer an unbeatable degree of specialisation in individual fields, having detailed knowledge of the market and the latest trends in the dynamically developing digital world. We provide advisory to the largest multinational corporations, established family companies and individuals; in a number of cases we have set the policies of protection and monetisation of intellectual property in start-ups, and we helped them succeed and grow.

IP Law aims to protect work, ideas, databases, computer programmes, etc. A smart idea, an elaborated product – this is what brings high returns and a competitive advantage. IP law offers a tool to protect such ideas, to commercially and safely offer them to others and develop them further. IP often motivates an investor to invest in a company and help it grow.

In the long run, we specifically focus on these areas:

Research, preparation and filing of applications to register trademarks and industrial designs, patents or utility models (at the national, international or EU level) and the selection of an optimum registration strategy (with respect to the extent of protection and associated costs)
Administration and protection of the registered industrial property portfolio, its maintenance, monitoring and protection while applying modern software solutions
Representation before the Industrial Property Office, EUIPO, and WIPO in proceedings on the registration of industrial property, including proceedings on objections or other litigation (applications for the deletion of registered industrial property, etc.)
Representation in judicial disputes including EU courts, filing applications for interim measures, representation in arbitration proceedings, enforcing IP rights anywhere in the world, and negotiating in litigation with third parties
Carrying out research and assessment of the capacity to be registered or potential infringement into third party rights, including the assessment of “parallel imports” matters
Performing legal due diligence in IP sales and acquisitions
Setting up licensing strategies and drafting tailored licence agreements
Assessment of the on-line handling of copyright-protected content and assessment of the fulfilment of issues relating to information society services and the fulfilment of safe harbour conditions
Setting internal procedures for the protection of trade secrets and the protection and recording of any intellectual property
Monitoring imports and exports of counterfeits under active participation of the customs administration, as well as follow-up cooperation with the customs administration (including the General Customs Directorate) during retention and destruction of unauthorised imitations
Representation in all types of proceedings of customs authorities or the Czech Trade Inspectorate and in judicial proceedings on the determination of possible IP rights infringement, or in criminal proceedings that the client participates in as an injured party
Representation in all types of litigation over domain names and the provision of services associated with domain names

COPYRIGHT

Copyrighted works are all around us. Computer programmes, photographs or videos, designs, musical compositions, the creation of an advertising campaign, writing an on-line blog, adjustments to a completed architectural structure or making use of its appearance, sharing any digital content and using on-line platforms, to name just a few of the many areas where we come across copyright every day. We provide special advisory in all these matters.

INDUSTRIAL RIGHTS

Industrial rights include particularly trademarks, industrial designs, patents and utility models and are aimed at protecting brands, designs or unique technology. These rights need to be registered as soon as possible and protected from potential abuse or third party infringements.

In the past, industrial rights protection was often underestimated and was addressed at the last moment, which may be a problem in a number of cases due to the principle “whoever comes first registers the industrial property”. The suitable set-up of an industrial property rights strategy thus has a major impact on whether the battle against counterfeits will be successful.

DOMAIN DISPUTES

We are assisting our clients with a whole new group of disputes that has emerged as a result of the internet boom – domain disputes. We regularly represent clients in domain litigation proceedings against domain speculators. We have experience with domain disputes addressed before general courts as well as before the authorities in alternative domain litigation proceedings throughout the world.

At the same time, we also provide our clients with other services in connection with domain names –from registration, purchase or transfer, to determination of value to automatic monitoring of conflicting domain names.

KNOW-HOW AND PROTECTION OF TRADE SECRETS

Not only industrial property but also other knowledge, skills, procedures and methods have their value and bring a competitive advantage. We offer our clients advice when setting up due protection of their know-how or trade secrets and we also represent them in judicial disputes where they seek protection of their trade secrets.

FIGHT AGAINST COUNTERFEITS AND PIRATED GOODS

If the IP protection strategy has been set correctly, very little is left to be done to efficiently enforce intellectual property rights. One of the standard ways is to seize counterfeits and pirated goods in all segments of their sale and distribution, be it during the import of goods to the Czech Republic or on the internal market in shops, stalls, marketplaces or on-line. Apart from active monitoring of the internal market, our intense cooperation with the customs administration or the Czech Trade Inspectorate is crucial during the seizure and consequent liquidation of counterfeits.

LICENSING

Apart from due protection of intellectual property, it is crucial to thoroughly set-up the licensing strategies that will enable secure offering and distribution and yield revenues from the effort and investments spent on the creation of intellectual property.

TRANSACTIONS

It is necessary to verify whether all rights have been properly secured, and relevant guarantees and protection of the purchaser against third-party claims have been set not only during the sale of intellectual property but also in the event of the acquisition of intellectual property. In transactions, we have gained extensive experience from both sides.

We focus on these topics in our expert publications, lectures and also on our blog https://www.havelpartners.blog/dusevni-vlastnictvi/.

Press releases

HAVEL & PARTNERS is the largest Czech law firm and the fifth largest law firm on the Slovak market. Once again, it was ranked as the largest law firm in IP and Competition law
In the TOP 10 largest law firms ranking, which is compiled by the SME daily and The Slovak Spectato… read more »

HAVEL & PARTNERS’ IP team scores again in prestigious World Trademark Review ranking
The World Trademark Review 1000 has ranked HAVEL & PARTNERS among the top IP and trademark firm… read more »

In cooperation with AEC, HAVEL & PARTNERS launches a 24/7 hotline to help clients hit by cyberattacks
In cooperation with leading Czech cybersecurity experts at AEC, HAVEL & PARTNERS, the largest C… read more »

HAVEL & PARTNERS is the largest Czech law firm and the fifth largest law firm on the Slovak market. It is the largest law firm in the field of Intellectual Property law and Competition law
In the TOP 10 largest law firms ranking, which is compiled by the daily SME and The Slovak Spec… read more »

HAVEL & PARTNERS was involved in the drafting of the Bank Identity Act – the best act in 2020 according to the professional public
The winner of the 12th annual Act of the Year survey is the Bank Identity Act, which significantly … read more »

HAVEL & PARTNERS’ specialised IP/IT and media law teams have again upheld the highest position in prestigious international rankings
For the third time in a row, HAVEL & PARTNERS has been included in the renowned international r… read more »

HAVEL & PARTNERS’ IP team defends its ranking in the international league chart of the World Trademark Review 1000
HAVEL & PARTNERS and three of the firm’s lawyers have been included in the reputable internatio… read more »

HAVEL & PARTNERS and three of its lawyers cited by the prestigious international ranking World Trademark Review 1000, listing most outstanding law firms with a focus on trademarks
HAVEL & PARTNERS, the largest Czech-Slovak law firm, has been included in the most recent rele… read more »

Jaroslav Havel, Robert Nešpůrek and Richard Otevřel on the most recent list of global leading lawyers in IT
The prestigious UK rating agency Who’s Who Legal has published a global overview of leading lawyer… read more »

According to prestigious global ranking, HAVEL & PARTNERS is the best law firm in the Czech Republic in the field of information technology law
The largest Czech-Slovak law firm HAVEL & PARTNERS (until 31 December 2017: Havel, Holásek &am… read more »

COPYRIGHT

INDUSTRIAL RIGHTS

DOMAIN DISPUTES

KNOW-HOW AND PROTECTION OF TRADE SECRETS

FIGHT AGAINST COUNTERFEITS AND PIRATED GOODS

LICENSING

TRANSACTIONS

Press releases

Significant Matters

Publications and newsletters

Articles and Interviews

Partners

Counsel

Of Counsel

Managing Associates

Senior Associates

Associates

Intellectual property

COPYRIGHT

INDUSTRIAL RIGHTS

DOMAIN DISPUTES

KNOW-HOW AND PROTECTION OF TRADE SECRETS

FIGHT AGAINST COUNTERFEITS AND PIRATED GOODS

LICENSING

TRANSACTIONS

Press releases

Significant Matters

Publications and newsletters

Articles and Interviews

Partners

Counsel

Of Counsel

Managing Associates

Senior Associates

Associates

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