Intellectual Property

Intellectual Property

rutland & partners are fully prepared to stand up to defend the rights of their clients in the products of their hard work and creative endeavors. To that end, they are skilled and experienced in all forms of intellectual property rights law with substantial specialization in IT client Czech legal issues. In a related area, rutland & partners can defend their clients from unfair competition by competitors through measures available under Czech and EU law, as well as provide advice to avoid running afoul of such laws.

Key contacts

Michal successfully represented several clients whose content has been used without permission by third parties. The infringement was swiftly terminated.
He also dealt with IP issues multiple times in real estate transactions. In the construction projects transfer of rights to the design of development project is often one of the crucial elements of the contract.

Copyrights and Trademarks

rutland & partners can assist you in licensing others to use the product of your intellectual work, registering trademarks with the appropriate Czech authorities and pursuing cases where your rights are infringed.

 

We can:

• Negotiate and draft licensing agreements and other transfers of intellectual property rights.
• Assist in registration of trademarks with the Czech Industrial Property Office and European and international registers.
• Represent you before Czech courts to enforce your rights and prevent their infringement.

Franchising and Licensing

A franchiser licenses to a local business its know-how, procedures, intellectual property, and the use of its business model, its brand and its rights to sell products and services. In return, the franchisee pays certain fees and agrees to comply with certain obligations, typically set out in a franchise agreement. Many world-renowned brands have successfully entered the Czech market through franchising, and opportunities exist for both franchisors and franchisees in the fast-growing economy of the Czech Republic.

 

rutland & partners attorneys have experience in:

• Negotiating and drafting franchise agreements for both franchisors and franchisees
• Ensuring protection of brands, trademarks, know-how and other intellectual property
• Performing due diligence on potential franchisees
• Mediating disputes between franchisors and franchisees
• Representing clients in court in franchise-related disputes

Development and Transfer of Computer Software

The Czech Republic has emerged as one of Europe’s top locations for offshoring and outsourcing of IT services. IT companies with Czech origins are renowned worldwide for their products. The growth of sector is fueled by the Czech Republic’s long tradition of excellence in technical fields. Despite being one of the more mature markets in the region, the Czech Republic still offers a great deal of growth potential in the field.

 

rutland & partners attorneys are prepared to assist clients wishing to take advantage of the opportunities by:

• Assisting start-ups on all aspects of incorporation and setting up an efficient business structure
• Drafting and negotiation of licensing agreements
• Drafting and negotiating employment agreements for employees with specialized knowledge and responsibilities
• Transactions for supply, maintenance and management of technological systems, drafting and negotiation of technology contracts
• Ensuring compliance with law and regulations, and representing clients before regulatory agencies

GDPR

The European Union’s General Data Protection Regulation became applicable in all EU countries on May 25, 2018. All commercial entities and public institutions are required to implement and abide by the Regulation. rutland & partners attorneys can assist their clients in establishing internal procedures for compliance and providing adequate documentation in order to avoid the onerous sanctions that can stem from non-compliance.

 

rutland & partners attorneys can assist you in:

• Auditing the effectiveness of your business’s protections for personal data and making recommendations for improvements
• Establishing internal processes for handling personal data
• Prepare documentation for internal guidelines and agreements relating to the handling of personal data
• Establishing procedures for handling possible breaches of systems for dealing with personal data
• Training employees in procedures for working with personal data
• Advising and representation in cases of inspections or proceedings before the Office for Protection of Personal Data or courts.