Ones, zeroes and legal codes
I like modern technologies, I learn how to code and when providing legal services I'm connecting the world of ones and zeroes with the world of legal codes. This is why I intensively focus on Intellectual Property and IT law.
How can I help?
Do you have questions? Let me know.
Schedule first meeting. Free of charge.
Select the date and time which suits you in the form on the right.
Education and experience
I am primarily focused on brand protection, copyright and domain disputes, including alternative dispute resolution (ADR) before the Czech Arbitration Court, the World Intellectual Property Organisation (WIPO) and the European Information Society Institute.As part of my practice, I also participated in the implementation of the ADR system for European Union domains at WIPO in 2017.
I studied law at Charles University, including a one-year study stay at the University of Maastricht in the Netherlands. As part of my studies, I took a specialisation module in EU law and copyright law. I participated in the SVOC (students' research paper) and won 1st place in the Moot Court Competition in the field of copyright.
I have completed internships at the Copyright Department of the Ministry of Culture (SOAP), the Czech Telecommunications Office (CTU) and a study stay at the Court of Justice of the European Union (CJEU) in Luxembourg.
During my studies, I worked in Czech law firms where I dealt with, among other things, IP enforcement, trademark registrations and unfair competition cases for Czech and foreign clients.
During my legal traineeship (mandatory 3-year period before one can take Czech bar exam) I worked in two Czech law firms where I focused on intellectual property, IT law and commercial transactions.
After passing the bar exam, I continue to focus on intellectual property and brand protection in my law practice.
Protect hear and soul of your business
Together with the product or service and the sales vector, the brand represents the heart of a successful business. Its protection, like protection of the product itself, must therefore be taken seriously. There are many ways to protect your brand.The traditional and reliable way to protect a brand is to register a trademark. A trademark guarantees the right of the right holder (the owner) to use the protected sign freely and to prevent others from using the same sign in their own activities.I will of course be happy to help you with specific aspects of brand protection, such as trademark registration or enforcement.
Trademarks in relation to domains
You've got the trademark. Now the domain name
You already have a trademark, so now it's time to protect your rights in relation to domain names. Domain names help with further brand awareness and are often just as important as the trademark itself.You already know that protecting your brand is one of the most important things in building your business. Trademarks are the traditional tool available for this purpose. But domain names are also very important, especially in today's digital and interconnected world.
Avoid unnecessary harm
The use of a trademarked sign as part of a domain name by a third party can seriously harm your business.If you do not protect your rights adequately, the actions of an unauthorized third party can harm you. A third party may take advantage of your brand name for their own purposes, create a risk of confusion among your customers, or parasitise on your reputation.
Find out what are your options
I have several experience with domain disputes. I can help you with claims against domain speculators and with representation before special panels in ADR proceedings. As part of my practice, I was also involved in the process of implementation of the EU domain dispute resolution policy at the World Intellectual Property Organisation (WIPO) in 2017. Defend your rights proactively.
FAQ. The most important things. In short.
How do I register domain name?
Domain name registration is done by entering into a registration agreement with one of the many registrars that offer these services. The holder acquires the exclusive right to the domain name upon conclusion of the registration agreement. With regard to the further use of the domain name, the holder is limited only by the terms and conditions set out in the registration agreement and by the restrictions arising from the laws of the country in which the relevant domain name Registry is located and the laws of the country in which the holder carries out its business.
What is a domain name registry?
A domain Registry (not to be confused with a registrar) is an entity that is responsible for and manages the infrastructure for specific domain names. For generic domain names the Registry is ICANN, for national domain names <.eu> it is the agency EURid, for Czech national domain names it is the association CZ-NIC, z.s.p.o and for Slovak national domain names it is the company SK-NIC, a.s. For the so-called new generic domain names, such as <.name>, <.online>, <.beer>, there is no single Registry, but each such domain name has its own.
How can I defend against speculators?
The fastest and most effective way of defence is the so-called ADR procedure, in which it is possible to seek the transfer or cancellation of the relevant domain name against speculators.
Where can I defend against speculators?
ADR proceedings can be initiated in any of the designated platform. Depending on the type of domain name, different venues may have jurisdiction over the matter. In most cases, however, it will be possible to pursue the claim against domain name holder before the World Intellectual Property Organisation (WIPO) or the Czech Arbitration Court (CAC).
I got the trademark. Does this mean I can request a domain transfer from anyone?
Not always. If your trademark predates the domain name registration in time, there is a decent chance of success in any dispute. However, this rule does not apply without exception. It depends, for example, on the domain name in question, how well-known your brand is, and a number of other factors.
How does a typical domain dispute look like?
A third party registers a domain name that is identical to particular trademark. For speculative reasons and in anticipation of high profits, the holder established a website on the newly registered domain name and placed paid advertisements on it. The holder now directly benefits from the internet traffic that the domain name generates due to its similarity to the protected mark. As a result, internet users may incorrectly infer that the content of a website hosted on a particular domain name has something in common with the owner of the trademark.
What governs domain disputes?
If there is any problem regarding a domain name that has already been registered, it will be resolved according to the terms of the registration agreement and according to the applicable law of the specific country depending on the geographical location of the respective Registry.
How long does a domain dispute take?
Domain ADR proceedings are usually very fast. From the commencement to the issuance of a decision, the proceedings usually take 3-4 months.
Find out more in a series of articles on my blog.
What are the fees and how much money do domain disputes cost?
Software and licensing.
It goes without saying that appropriate permissions to use the software should always be kept in mind. However, there are situations where clients do not immediately think about protecting software rights in the first place. These include supplier relationships between a technology company or startup and its suppliers.However, setting up an appropriate cooperation regime and clearly defining the relationship between the parties involved and their rights to the final outcome should definitely be kept in mind from the outset. This will prevent unnecessary frustration and unpleasant situations in the later stages of your business story. For example, when negotiating financing with investors or an acquisition.
Please read how I handle your personal data. This document includes important information about your rights. I may update this document from time to time.
Who works with your data?
The controller of your data is Mgr. Lukáš Pelcman, with registered office at Ostrovní 126/30, 110 00 Prague 1, Czech Republic (the Administrator or I). You can contact me at the registered office address or by email here.
Why do I work with your data, what personal data is involved and what authorises me to do so?
(1) Provision of legal services. I must handle your data in the course of arranging and providing legal services. This includes, in particular, activities under the regulations governing the practice of law. Such activities include, for example, defending and exercising your rights or communicating with you by email or telephone.(2) Performance of legal obligations. I process your data in the performance of the Controller's legal obligations governed by tax and accounting laws or the Act on Certain Measures against the Legalization of Proceeds of Crime.The lawyer is an obliged person under Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, as amended, and under this Act is obliged to implement measures under this Act and other regulations, including but not limited to the identification and control of the client. For this purpose, it is obliged to collect and store the personal data of the client and to take copies of the documents from which it has verified such data.(3) Protection of my legitimate interests. I may use your data and data about your use of my services to protect my rights. Such rights include, for example, the collection of outstanding debts.(4) Sending you newsletters. From time to time, I may contact you with news about my services or relevant legal and business information. Such use is a legitimate interest of mine.
How long will I work with your data?
I will process your data for the duration of the provision of the services and thereafter for the period required by law, namely:(1) For the duration of the provision of the services and for 10 years after the termination of our contractual relationship.(2) For the period specified in the relevant legislation.(3) For the duration of the provision of the services and for 10 years after the termination of our contractual relationship or unless the need to retain the data for a longer period arises in a justified case in connection with a specific case.(4) Until you so refuse.
Who can I pass your data to?
I may transfer your data to my employees and other processors on the basis of a contract with them, but only to the extent necessary to fulfil the purposes of the processing and to provide our services. If I transfer the data outside the EU, it will be protected according to standard contractual clauses.
Data protection legislation guarantees you various data protection rights. To the extent that the data protection regulations guarantee you this - in particular GDPR - you can request access to your personal data from me (i.e. information about what specific data I am working with and how I am working with it), restriction of the processing of your data (i.e. that I will not delete the data yet, but I will not work with it) and its correction and deletion (always if the legal conditions for this are met). You can also object to processing and exercise your right to data portability. To exercise any of these rights, please contact me using the contact details above - the easiest way is to email email and I will be happy to help you exercise your rights. If you believe that I am breaking the law by processing your personal data, you can lodge a complaint with the Data Protection Authority.
Objections to processing
If you do not agree to me using your information to send you newsletters, you can opt-out. The easiest way to do this is to use the link that is in each such email, or you can send me an objection by email or letter, and if technically possible, when you register. If you refuse such processing, I will stop sending you such newsletters. You may also refuse other processing based on legitimate interest, which I will subsequently restrict unless I can demonstrate compelling and qualified legitimate grounds for the processing.
In accordance with the law, these websites store files on your device, generally known as cookies, which are small text files that are sent to your browser by the website you visit. This allows the website to record information about your visit, such as your preferred language and other settings. This can make your next visit to the site easier and more productive. I may also use third party cookies, specifically Google Analytics. You can find out about your options to refuse their use and more information here.
Information for consumers.
Under Act No. 634/1992 Coll., on Consumer Protection, as amended, the consumer has the right to an out-of-court settlement of a consumer dispute arising from a contract for the provision of legal services. The Czech Bar Association is the authorised body for the alternative dispute resolution of consumer disputes between attorneys and consumers arising from contracts for the provision of legal services (for more information, see here).
Attribution to the authors of all the cool pictures you can see on this site.
Brand building vector created by vectorjuice - www.freepik.com | Buy and sell vector created by vectorjuice - www.freepik.com | Custom style script. Website optimization, coding, software development. Female programmer
cartoon character - www.freepik.com