Engineering and industry

Industry and especially its engineering industry have a long tradition in the Czech Republic and thus has a strong position in the economic process. The clients of Musil and partners range from large-scale companies to smaller regional companies that focus on a small sector of engineering or, more generally, industrial activities.

The provided legal advice focuses not only on specific products or selected activities of the company, but also on the general protection of rights and obligations arising in the activities of companies operating. Examples include environmental impact assessment, representation of a nascent company in the construction process of a plant or other real estate for operation, resolution of legal problems related to simple or particularly dangerous operational activities, marketing and legal protection of their enforcement, defects and damages agenda caused by products, protection against unfair competition and functioning of economic competition, debt collection, representation in civil, execution and insolvency proceedings, legal preparation of supplies of investment units and treatment of investments and others.

Legal relations arising from the creation of new technology

A huge amount of money is often invested in the development of new technology with the prospect of future financial benefits. However, in order to successfully complete and enforce a product, production process or some other technology, an appropriate level of legal certainty and protection of intellectual property rights is needed.

Intellectual property protection can be achieved, for example, through trademarks, patents, industrial designs, or through license, distribution and other contracts. Under certain circumstances, the new technology may meet the parameters of the copyrighted work. We therefore provide our clients with comprehensive legal advice in connection with the creation and promotion of new technology so that their intention can be promoted in the market as effectively as possible.

As an example of concrete acts of the legal service we can use the legal assessment of the ideal form of legal protection of intellectual property law, representation before the authorities administering the means of protection, representation in case of litigation and extrajudicial dispute and others.

Industrial property

Legal services provided by our office also focus on industrial property issues. For our clients, we provide mainly industrial and utility models, where the technical or design solution is first assessed and then it is possible to be represented in negotiations before the Industrial Property Office, or in other subsequent legal negotiations concerning the given subject of protection.

However, industrial property does not only concern the foregoing, but also advises on representation in patent proceedings or in matters relating to trademarks, appellations of origin, right to a company name or generally know-how. This agenda includes possible assessments of the eligibility of the subject for protection, representation in negotiations with the Office, disputed agenda and other necessary legal services to preserve the protection of the client's rights.

Industrial design and applied design

An industrial design is the appearance or design of the product, which may consist, for example, in its shape, color, outline, texture or other factors affecting its appearance. Within the scope of provided services there is an assessment of the potential eligibility of the given solution for registration of the industrial design, possible representation in negotiations with the Industrial Property Office and another agenda arising in the protection of the visual solution.

Applied design is a means of protection technical solution, which must meet other parameters according to generally binding regulations. In particular, it must be new and industrially exploitable, so it can be a solution that greatly facilitates production. Within the scope of provided services there is an assessment of the potential eligibility of the given solution for registration of the utility model, possible representation in negotiations with the Industrial Property Office and another agenda arising in the protection of the technical solution.

Trademarks

There is often a graphic representation of the name associated with a company or its product. The law firm Musil and Partners offers an evaluation of the eligibility of the given solution for the registration of its trademark and the choice of an effective solution for the registration of the trademark, possible representation in negotiations with the Industrial Property Office and other agenda arising in this field.

Contractual agenda

The law firm Musil and Partners also prepares a complete contractual agenda for day-to-day operations as well as for major changes in mechanical engineering companies. The specific contract type is always prepared according to the client's requirements and taking into account especially the legal and technical circumstances of the subject of performance.

As part of the legal advisory service, we also offer revision of contracts and comprehensive prevention of disputes between business partners. Therefore, if a company uses a contractual model, it is advisable to have it assessed by an expert as to whether the contract adequately regulates the intended legal relationship. Especially in engineering but also in industry in general, the contract must take good account of the technical specifics of the subject whose properties can dramatically affect the allocation of risks in the contractual relationship. The aim of legal counseling is, in particular, to provide the client with maximum legal certainty, which beyond the client's activities can be achieved precisely by preparing a contract of adequate quality. As part of the revision of existing contracts, it is possible to make standard comments and, if necessary, to deeply revise the document according to specific requirements.

For example, a large number of big companies in the mechanical engineering industry use only one contract model for one type of contractual relationship with their business partners, but they cannot effectively cover every contract or legal relationship arising from operations. Therefore, it is better to work with at least several patterns that are continuously updated and possibly revised for the given legal relationship. Of course, the ideal is to prepare a contract tailored to the relationship, but the minimum standard is at least a good assessment of the applicability of the contract model.

In addition, services are provided in the field of defective performance, debtor in default, termination of contractual relations, where the best option of termination and subsequent representation in withdrawal from the contract and other forms of termination of the contractual obligation is considered.