Author: Vynález

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Fees

The ethical code of the Czech Chamber of Patent Attorneys do not allow us to publicly display our list of charges. Our tariff can be sent to you either in printed or in electronic form upon request.

There are three elements to our fees:

Fixed fees
Where possible, and upon request, we will agree fixed fees with clients. These provide absolute certainly in estimating the costs of relatively straightforward matters (official government fees and/or the fees of a foreign associate).

Time-based fees
These are used when the time spent crucially depends on the particular nature of your case, for example in responding to an examiner’s objections or advising on infringement issues. These fees may vary depending on the difficulty of the work involved and the seniority and experience of the fee-earner.

Disbursements
These usually represent official government fees or the fees of a foreign associate.

Official fees are subject of change, we attempt to update continuously but we cannot guarantee exact data. The US$ values are calculated on the exchange rate basis of US$ 1,x – 1,xx : 1 EURO and will change continuously according to the Market Exchange Rate

Estimating the costs

We maintain scrupulous records through our cost-estimating facilities which are constantly updated with information.
We can give you a clear and accurate estimate of the costs we are likely to incur on your behalf. We also strive to agree your budget with you and to provide ample notice of those dates when a decision which will incur costs must be taken.

We are always willing to give you an estimate in writing. We will willingly discuss likely fees with you on an informal basis, with no obligation.

Invoicing

In general, we will invoice you once the work has been done, subject to agreed credit limits. But in some cases – for example, involving sizeable disbursements – we may ask for money on account.

For urgent work at short notice, please consider an additional Fee of 30% to 50%.

Discounts of Attorney’s fees are granted to large clients and for a plurality of identical services rendered at the same time.

We aim to provide good service.

More detailed information will be supplied upon request.

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Links

Compiled by German patent attorney Ralph Beier

Official Registers and Databases

Official Journals

Intellectual Property Organizations

Intellectual Property Law Firms

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Services for non-profit institutions

Unless effectively managed, non-profit research and the intellectual property it generates does not benefit the public and cannot be effectively commercialized. At our firm, we are skilled in assisting non-profit institutions with their technology transfer efforts as well as devising the institutional policies that form the foundation for those efforts.

Our experience allows us to deal effectively with many of the issues non-profit institutions commonly face, such as: inventor ship disputes; the need for clear and timely recommendations to tech transfer professionals with large dockets; managing deadlines to avoid extension of time fees.

We value our relationships with non-profit institutions and strive to provide sophisticated technology transfer counseling in an efficient, cost-effective manner.

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Business and Finance

Danek’s Intellectual Property Business & Finance practice offers a skilled team of attorneys with a wide range of experience in both domestic and international commercial finance transactions. They are skilled at analysing, structuring and negotiating financing transactions, including secured issues, licensing, distribution arrangements and multinational ventures.

We can:

  • offer Intellectual Property Rights audits,
  • assist in reviewing internal practices, strategic counselling and portfolio management,
  • advise on the most appropriate way to organise and manage your Intellectual Property affairs,
  • offer assistance in the maintenance of Intellectual Property matters,
  • process IP methodology and strategy

We are also committed to helping our clients maximize the value of their intellectual property through customized portfolio management techniques. We provide targeted strategies for the extraction of often-hidden value from a business, closely monitor registration renewal dates and provide the framework for ensuring our clients receive the maximum benefit from some of their most valued assets.

We analyse the potential for generating royalty income by enforcing or licensing our clients’ existing rights. Our firm is recognized as a leader in IP litigation of all types, including trial and appellate proceedings, as well as mediation, alternative dispute resolution, and specialized procedures in the Industrial Property Office. We have helped companies organize and transfer various IP assets to patent holding companies that serve as a separate business and profit centre. And we have designed, directed, and carried out licensing programs that have generated large revenue streams.

Technology-based Businesses

Industrial competition for companies who are suppliers to other companies makes it increasingly valuable to have IP protection, especially patents, on their technology. This protection can mean retaining existing business as well as acquiring new customers.
Legal protection for technology is a significant factor which influences potential investors. We have considerable experience in building up cost-effective patent portfolios to help start-up companies obtain funding.

Brand-based Businesses

Having your brand protected by registered trade marks provides the mechanism for protecting your position as well as enhancing the company’s asset value. In recent years, businesses have increasingly recognized the fundamental importance of their brands to their present and future success.
As the value of trade marks has grown, so has their misuse by competitors eager to benefit from the established reputation of a well known brand. Registered trade marks and, to a lesser extent, unregistered trade marks, are a powerful weapon against unfair practices.

Franchising

The company’s goal is to assist our clients in implementing franchise and distribution systems that afford them the greatest amount of flexibility and control permissible by law. These services begin with assisting clients in the process of deciding how to market or franchise their products or services, and then continue with the preparation, negotiation and execution of contracts and documents that implement the company’s objectives while complying with applicable laws.

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Annuities, renewals and maintenance

When a patent is granted, it remains in force only so long as annuity fees are paid. These become due in respect of the fifth and subsequent years from the application date and increase annually.

The registration of trade marks may be renewed for successive periods of ten years from the date of filing or the date of the renewal registration then expiring.

The renewal declaration must be executed and filed no earlier than twelve months prior to expiration and no later than six months after the expiration.

The registration of utility models may be renewed for successive periods of 4 years +2 x 3 years from the date of filing or the date of the renewal registration then expiring.

The registration of industrial designs may be renewed for successive periods of 5 years +4 x 5 years from the date of filing or the date of the renewal registration then expiring.

We offer the maintenance of annuities or renewals and we can communicate directly with the owner, inventor or with the attorney of an IP right.

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Search and monitoring

We have the in-house ability to conduct searches for the Czech and Slovak Republic, European Community and most worldwide regions. We also search, utilizing experienced search firms in all countries.

Through searches, watching services and private investigations, the firm is often able to detect infringers and counterfeiters at an early stage, thus permitting swift action to prevent the pirating of valuable trade mark rights, both in the Czech Republic and abroad.

Should you desire to use a mark, with or without registration, a professional trade mark search is recommended to determine whether your mark is eligible for use and registration. A trade mark search could also alert you to whether your use of the mark would infringe upon another party’s trade mark rights. It will help you find out whether your mark is available and whether or not you can claim exclusive rights for it.

Patents as source of information
Using modern online patent databases, a huge amount of information can be obtained selectively and very rapidly. For example, the following searches of patent literature can be performed, and are of great strategic interest to companies.

In all fields of competition, in particular in the areas protected by special rights (patent right, trade mark right, etc.) it is advisable to conduct a search, prior to going on the market, for the existence of prior rights in order to avoid possible collisions.

Monitoring

Our firm monitors maintenance fees and prosecution for patents, trade marks, designs and other IP rights worldwide.

Monitoring your competitors

We also carries out competitor monitoring. This monitoring provides continuous information about the patent activities of others, and can provide indications of, for instance, future competing products or possible patent infringement.

We can:

  • conduct industry sector monitoring for clients in patents, designs and trade marks,
  • advise on patent citation watches where a client’s patents are cited in third party applications,
  • maintain watching services to identify applications to register trade marks anywhere in the world, which may conflict with our clients’ own trade marks. The Watch Service is also made available to other firms in the trade mark field who do not have this capability.
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Licensing and assignments of IP rights

Today, IP transactions play a key role in an organization’s overall IP strategy. The field of licensing has grown beyond the traditional patent, trade mark, design and copyright licensing agreement.

A license agreement is a document whereby the licensor (which remains the owner of the intellectual property rights) authorizes the licensee to use the distinguishing sign on an exclusive basis.

We know that licensing and other intellectual property transactions go beyond sharing information. They involve comprehensive strategies that identify and prioritize a company’s most valuable intellectual capital, as well as counseling on the potential conflicts faced in commercially exploiting each asset. Our extensive practice in patent, trade mark, and copyright prosecution and litigation for our clients allows us to approach each transaction with a deep understanding of how the intellectual property will affect our client’s business, and where the opportunities and pitfalls of the transaction lie.

For instance, the enterprise that wishes to shift its production towards technologically more advanced sectors may achieve this aim in a shorter time and at more contained costs by resorting to technologies that are already available rather than by concentrating its efforts uniquely on the search for original solutions within its own company structure.
On the other hand, the enterprise that decides to license out its own technologies in countries where it would not be able to operate may count upon an additional economic return on its own investments, transferring all the expenses involved to the licensee.

A licensing agreement typically involves royalty payments based upon a percentage of sales. An assignment usually refers to selling the IP rights for one lump sum, but may also include royalties. The difference between the two is that by assigning the IP rights to another party, you are transferring legal title to that IP matter. What this means is that once the rights are assigned you no longer own or have any control of the rights.

Applications of a Intellectual Property or any interest therein, can be assigned and will be recorded, provided the assignment is in writing. An assignment can be filed at any time during the pending application or after grant of the patent or registration as well.
The aspect of the exclusive rights granted by the patent is that the patentee can authorise others to exploit the invention described in the patent.

The firm represents both licensors and licensees IP rights in licensing and franchising activities worldwide.

Recordal of changes

A change in ownership or other details such as a change of name or change of address of the proprietor must be recorded by making a single request to the responsible Office.

These frequently require recordal in many countries which can be expensive and time consuming, involving complex formalities and procedures with many different legal regimes. This is especially true in cases where receivership or the administration of assets is involved.
We have extensive experience in producing budgets, suitable documentation and the supporting evidence to achieve successful recordal at minimum cost.

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Advising

We are highly skilled at counseling our clients on how best to secure their intellectual property rights in the most advantageous and cost-effective manner, whether it be through patents (design or utility models), trade marks, trade dress, copyrights, domain names, trade secrets, covenants not to compete or other restrictive covenants.

We are also proficient at rendering high-quality independent legal opinions relating to the validity or infringement/non-infringement of our clients’ intellectual property, or that of others, including performing “freedom to practice” or “clearance” analyses of products, methods and packaging, and providing our clients with “design around” advice, so that potential conflicts can be avoided.

In providing our service we are always willing to cooperate with your other professional advisers whether legal, financial or technical in the field of Intellectual Property.

Naturally, we will keep you informed of the progress and any necessary action taken in relation to all matters that you have entrusted to our care.

We have also set high standards in terms of the advice we give. We believe you should receive advice which:

  • can be understood immediately;
  • is provided in good time to meet your commercial requirements;
  • is reasonably and competitively priced.

We can advise on all aspects of intellectual and industrial property.

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Litigation

Firm attorneys represent their clients’ interests on both sides of these issues in courts as well as Offices throughout the Czech Republic. In addition, firm attorneys assist and consulted in connection with enforcement activities worldwide playing key roles in the strategy and coordination of foreign litigation.

Firm attorneys have highly trained abilities to understand modern technology and to explain it in concise, common sense terms. Equally important, firm attorneys have a thorough understanding of intellectual property law and the ability to work closely with other scientists and engineers, identifying what is truly important and what is not.

While litigation is expensive and time consuming and should be considered a remedy of last resort, it is often the only way to resolve conflicts. The enforcement of patents, trade marks, copyrights and other intellectual property matters through litigation and related activities, has been a principal component of the firm’s practice since its founding.

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Unfair competition

Unfair competition laws protect competitors from the unlawful conduct of their business rivals.

As examples, unfair competition laws prohibit interference with business relationships, disparagement, and defamation, invasion of privacy, palming off, plagiarism, unfair competition, deceptive trade practices, fraud, misrepresentation, and other related conduct. Many unfair competition issues arise in conjunction with infringement or misappropriation of intellectual property

We can obtain many favourable decisions for our clients enjoining unfair competitive acts such as copying of our clients’ distinctive product shapes (product configurations), packaging (trade dress) and names (trade mark)…