Protection of trademarks and the Internet with respect to the Czech law

The use of a sign on the Internet has caused infringement of trademark rights in the territory of a particular state, if its use has a commercial effect in that state. States may adopt different standards for consideration factors for establishing such a connection with a particular state. The first step in harmonization of applicable law at the international level represents the WIPO Joint Recommendation, which contains provisions on relevant factors determining the commercial effect, infringement and liability, remedies, etc. The Czech law does not determine the factors- whether the use of the sign on the Internet is in the course of trade in the Czech Republic. Due to the strict procedural rules, Czech courts may not proceed flexibly at imposing measures. Criteria concerning jurisdiction and applicable law should be set at the international level in order to foresee in which state the use of signs on the Internet might become legally relevant.