Czech Republic

Country code:

CZ

Flag:

Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
Horizon 2020	European Commission	EU EU-other countries	Research activities; Collaboration; Staff exchange; Other.	The conditions and constraints are established. They depend on the type of the action or the specific actions.
National Research Programme III	Ministry of Education	Czech Republic	Main state policy on the development and financing of R&D.	Unfortunately, any information relating to this document, and the document available only in Czech language.
Target Funding	Ministry and Technology Agency		Competitive funding for research programmes.	Funding provided through calls for departamental programmes.
Target Funding	The Ministries of Defence and Interior		Public tenders for projects that have public administration as sole future user.
National Grants	Czech Science Foundation (GACR)	EU European Economic Area	GACR provides financial support to scientific projects that are part of so-called standard project programs, doctoral projects, postdoctoral projects and projects from the programs of the European Science Foundation.	Response-mode funding related only to basic research.

Partner search facilities:


Name	Description	Scope	Costs
EC National Contact Points	Advice and individual assistance to establish cooperation. Advice and assistance for R&D cooperation in specific areas.	Given country - EU	Free of charge
The Association of Research Organizations	AVO cooperates with private sector, universities and Academy of Science. AVO provides cooperation in mediation and commercial contacts , representation and promotion of interests towards public administration bodies.	Information not available	Information not available

Resources of information:


Name	Description	Costs
NETWATCH	Mapping networks; providing information on Joint Calls; analysing the impact of programme collaboration; describing the scope and results of individual networks; supporting mutual learning among transnational programme networks.	Free of charge
COST European Cooperation in the Field of Scientific and Technical Research	It is mainly an inter EU program but also offering cooperation with Israel. COST is an intergovernmental framework for European Cooperation in Science and Technology, allowing the coordination of nationally-funded research on a European level.	Free of charge
EUREKA	EUREKA is an international initiative which coordinates efforts of governments, research institutes and commercial companies concerning innovation. Its members are the EU countries and 14 more from around the world including Russia, Republic of Korea, Turkey, Albania.	Free of charge
The Research and Development and Innovation Information System	Contains database of R&D activities, institutional research plans, results of R&D, tenders in R&D and R&D projects.	Free of charge

Institutions supporting R&D collaboration:


Name	Description
Ministry of Education, Youth and Sports	The Ministry ensures mainly the preparation of the National Research and Development Policy, the preparation of the priorities in the form of the National Research Programme, the preparation of the legal regulations on research and development.
Research, Development and Innovation Council	Council is resposible for preparation of the National Research, Development and Innovation Policy. Expert and advisory body of the Government in the field of research, experimental development and innovation.
Technology Agency of the Czech Republic	Realization of its own programmes of applied research; Financial support of applied research from the national budget; Communication support between research organizations and the private sector; Evaluation of fulfillment of objectives of programmes and control of their results; Counseling (legal, financial and IPR) for programmes and projects. The Technology Agency of the Czech Republic simplifies the state support of applied research and experimental development.

Legal framework for R&D cooperation:


Name of the agreement	Description
European Science Foundation	Coordination of international research programmes between member states.
Visegrad Group	Grants for solutions of research and development projects, but also for exchanges of researchers from the so-called Visegrad Fund. Member countries - Czech Republic, Poland, Slovakia, Hungary.
Scientific and technological co-operation agreements	Agreements between Czech Republic and USA, France, Germany, Italy, Japan, Mexico, Greece, Slovenia, Spain, South Korea, Slovakia, People’s Republic of China, Hungary, and Poland.
Governmental agreements on the trade, industrial, and scientific and technological co-operation	Agreements between Czech Republic and Belgium, Bulgaria, Finland, France, Hungary, Poland, Romania, United Kingdom, China, South Korea, Mexico, Russia, Kazakhstan, Tajikistan, Uzbekistan, Lithuania, Latvia, and Estonia.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Copyright Act of 2000	no	-
Patents	Act on Inventions and Rationalisation Proposals of 1990	yes	Industrial Property Office
Utility models	Act on Utility Models of 2001	yes	Industrial Property Office
Trade marks	Act on Trade Marks of 2003	yes	Industrial Property Office
(Industrial) designs	Act on the Protection of Industrial Designs of 2000	yes	Industrial Property Office
Geographical Indications	Act on the Protection of Designations of Origin and Geographical Indications of 2001	yes	Industrial Property Office
Know How	Division V of Commercial Code of 1991	no	-
Plant Breeders Rights	Act on the Protection of Plant Variety Rights of 2000	yes	Central Institute for Supervising and Testing in Agriculture (UKZUZ)
Topographies of Semiconductor Products	Act on the Protection of Topographies of Semiconductor Products of 2000	yes	Industrial Property Office

IPRs' databases:


Name of the source	What information can I find?	Language
Industrial Property Office	Database for patents, utility models, designs, trademarks.	English
Espacenet	Patents granted by European Patent Office.	English
WIPO IP Services	Contains database of PCT patents, International Trademarks and Designs registration and international registration of appellations of origin.	English

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	Prior user rights:	Person who has exploited an invention in a good faith befor priority date keeps the right to exploitation of such invention, after the grant of the patent for the invention to other party .	Act on Inventions and Rationalisation Proposals of 1990, Article 17 Act on Utility Models of 2001, Section 13 Act on the Protection of Industrial Designs of 2000, Section 25
Patents/Utility models	These kinds of activities do not infringe the rights of the owner:	Acts performed for non-commercial purposes; Acts relating to the subject-matter of the invention done for experimental purposes including experiments and tests; Individual preparation of a medicine in a pharmacy according to a medical prescription.	Act on Inventions and Rationalisation Proposals of 1990, Article 18 Act on Utility Models of 2001, Section 21
Industrial Designs	These kinds of activities do not infringe the rights of the owner:	Acts performed for non-commercial purposes; Acts performed for experimental purposes; Acts performed for the purposes of citation or of teaching.	Act on the Protection of Industrial Designs of 2000, Section 23
Topographies of Semiconductor Products	These kinds of activities do not infringe the rights of the owner:	Acts performed privately for non-commercial purposes; Reproduction of the topography for the purposes of analysis, research, development or teaching and commercial exploatation of a topography that has been created as a result of these actions; The effect of protection shall not extend to a person who acquires in good faith a semiconductor product containing a protected topography and distributed without the consent of the topography owner.	Act on the Protection of Topographies of Semiconductor Products of 2000, Section 11
Trade Marks	These kinds of activities do not infringe the rights of the owner:	Using in the trade name, croporate name, name or adress, indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services; Necessary use to indicate the intended purpose of a product or service, in particular as accessories or spare parts; Prior use of trade mark with the local significance.	Act on Trade Marks of 2003, Section 10
Copyright	The authorisation of an author shall not be required for these kinds of use:	Free use; Quotation; Promotion of exhibition of works of art and sale thereof; Use of work located in a public place; Official and reporting licences; Licence for disabled; Use of work as part of civil and religious ceremonies or as part of official events organised by public authorities or during school performances, and use of school work performances and the use of a school work; Use of work by library or archive; Incidental use of a work; Use of collection.	Copyright Act of 2000, Articles 30-38, 38c

IP Office:


Name of the office	Scope of activities
Industrial Property Office of the Czech Republic	The Office grants patents and rights to utility models, designs, trademarks, semiconductor products and designation of origin and geographical indications.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		yes
Madrid Protocol	allows registration of trademarks via international route	yes
Hague Convention		yes
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Author / researcher
Default (statutory) regime for employee’s creations	Employer
Ownership of research results in publicly sponsored research	The grantor shall be the owner of such results and their disclosure and utilisation is possible only with the prior written consent of the grantor. If the results need protection (eg patent) it should be provided by the reciver of the funds for its own account. The receiver shall be entitled to reimbursement of justifiable related costs, provided these were not part of the project’s allowable costs. In limited scope the default regime can be modified contractually.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	Freedom of scholarly, scientific, research and artistic activities as well as publication of the results thereof are guaranteed at higher education institutions (Article 4 of Higher Education Act).
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	A school or a school-related or educational establishment shall have the right to conclude, under usual terms, a licence agreement on the utilisation of a school work. Where the author of such a work withholds his permission without stating a serious reason, such entities may claim compensation for the absence of manifestation of the author’s will in court. Unless otherwise agreed, the author of a school work may use his work or may grant the licence to any other party (Article 60 of Copyright Act).
Related law (name & link)	Copyright Act of 2000 Act on Inventions and Rationalisation Proposals of 1990 The Higher Education Act of 1998 Act on the Support of Research and Development from Public Funds

Dissemination rules:


Limitations on publication	None
Specific rules regarding publication of scientific results financed by public bodies	The grantor owns the rights to the results of publicly sponsored research - see Act on the Support of Research and Development from Public Funds
Non-disclosure clauses in research contracts	Not specified

Specific incentives for innovation activities:


Related Law (name & Link)
Incentives provided by law for individual researchers	Researchers are scored by impact factor.
Related Law (name & Link)
Incentives provided by HEI for researcher

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Assignment of patents and other IPRs and Licensing	Written form (provisions of the contract not meeting the written form are invalid).	No	Technology Transfer Office	Act on Inventions and Rationalisation Proposals of 1990

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patents and other IPRs	In order to assess the amount of remuneration, the technical and economic importance of the invention and the benefit obtained from possible exploitation or other use, together with the material contribution by the employer to the making of the invention and the extent of the inventor's service obligations shall be taken into consideration.	Not specified	Not specified	Act on Inventions and Rationalisation Proposals of 1990
Copyrights	The author of an employee work is entitled to an equitable supplementary remuneration from the employer if the wage or any other compensation paid to the author by the employer is in evident disproportion to the profit from the utilisation of the rights to the employee work and to the importance of such work for the achievement of this profit.	Not specified	Not specified; School work exception: The school or the school-related or educational establishment shall be entitled to claim an adequate contribution to be provided by the author of the school work from the income earned by him in connection with the exploitation of the work or with the granting of the licence.	Copyright Act of 2000

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Information not available