National Repository of Grey Literature 67 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Compulsory use of trademark and its demonstration under Czech law and the EU law
Navrátilová, Andrea ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Compulsory use of trademark and its demonstration under Czech law and the EU law The aim of this thesis is to introduce the institute of compulsory use from the perspective of Czech and EU law and subsequent proof of this obligation. The thesis consists of a brief introduction and six chapters, the sixth chapter is the conclusion. The first chapter is a general introduction to the issue of trademarks and aims to briefly inform about the concept of the trademark, its functions and the Czech and EU legislation on the issue of trademark law. It also describes the application procedure in the Czech Republic and the rights and obligations of the owner. The next chapter is about the right of the owner to use the trademark, both in terms of the positive and the negative definition of this right. Following part of thesis is devoted to the main topic of the thesis, the obligation to use the trademark. It speaks about the importance of that obligation, whose goal is maintaining registration of those marks which are actually used. Also, this chapter is focused on the term "genuine use of the trade mark", which is a condition for fulfilling the obligation of use. Another term that needs to be clarified is "proper reasons for non-use". Only their existence excuses the non-use of the mark and, if they are proven...
Copyrighted work and advertising
Piskačová, Bára ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Copyrighted work and advertising This diploma thesis explores the field of intellectual property law and deals with the current legal regulation of copyrighted work and advertising. The thesis aspires to introduce the basic attributes of the individual legislative regulations of the concepts of copyrighted work and advertising and to show the basis on which works are protected by the Copyright Act, what rights the authors have concerning their works and how can this issue be reflected in the process of creating advertising. At its core the thesis discusses the relationship between the copyrighted work and advertising and points out the factual intersection and proximity of these two areas. This thesis also looks into the decisions of Czech courts in the area of copyright infringement when using a specific foreign copyrighted work in advertising. The thesis consists of an introduction, which presents the topic to the reader, and continues to introduce the two main areas, the copyrighted work and advertising, which are further divided into 8 chapters. The first chapter describes the systematic incorporation of the copyright law in the field of intellectual property law, the constitutional basis which the copyright law relies upon and intangible assets, as the subject of protection of this legal...
Fashion Law
Josefiková, Denisa ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The aim of this thesis is to introduce fashion law as a cross-cutting legal branch which concerns many legal branches. In this work, the author focuses mainly on the regulation of the intellectual property law, which is absolutely crucial given the fact that the products of the fashion industry are the results of artistic creation. The introduction of the thesis is devoted to the history of the fashion law in the world and in the Czech Republic. The merit for the development and expansion of fashion law into awareness in Czech Republic belongs to The Czech Fashion Law Association. Further attention is focused on the design, its detailed conceptual and legal specification and familiarization with its types. Further on, the thesis deals with copyright protection of the copyright work. Copyright protection can be applied due to uniqueness and artistical value of the pieces. Particularly we speak about works of applied art, which are characterised by meeting the requirements of the daily needs except aesthetics impression. Industrial design protection is suitable for example for the protection of textile designs or the general original looks of products that fashion brands need to protect. The thesis is focusing on conditions, which need to be fulfilled for industrial design registration. It also...
The relationship between rights of designation and unfair competition law
Ferancová, Eva ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
The topic of this diploma thesis is the relationship between rights of designation and unfair competition law. The thesis is divided into five chapters. The first two chapters define rights of designation and unfair competition law in general and the following chapters concentrate on the relationship between them. The first chapter focuses initially on the place of rights of designation in the system of intellectual propert y law and afterwards it concentrates on particular rights of designation, i.e. trademark, designation of origin and geographical indication. This chapter deals with characteristic features of the rights of designation and differences between them and national, international and european legislation. The emphasis is also put on current issues, that are related to the rights of designation. Chapter two is devoted to unfair competition law. This chapter focuses on legislation of unfair competition and the concept on which unfair competition law is based (that is combination of general clause and non-exhausting list of merits). Subsequently, it defines subjects of the unfair competition and claims that a subject affected by the unfair competition can make. The third chapter, which presents crucial part of this thesis, concetrates on the relationship between rights of designation and...
Legal Protection of Artistic Performance
Leška, Rudolf ; Císařová, Zuzana (referee)
The thesis offers a systematic overview of the law of performers' rights. This specific field of law forms no major area of law by itself, but rather covers various legal regulations that are related to artistic performances. The author argues for specific protection of an artistic performance which emanates from the protection of a persona as it is understood by the theory of natural law. The author thus opposes those who consider the protection of a performer to be only a protection of an investment in the economic competition. That being said, it is impossible to automatically apply authors' rights to performers because of numerous differences between the two. The performer is not creating a new work of art which would enrich the knowledge of mankind, but only performs an existing work of art, making the societal benefit of an authors' work greater. The author therefore opposes the notion that Art. 34(1) of the Czech Charter of Fundamental Rights and Freedoms can be applied to artistic performances. Nevertheless, the protection of artistic performances is necessary because the society does not need only the existence of authors' creations, but also needs the art to be performed, if live art is to exist at all. Today, when live art is endangered more than ever before by technologies allowing...
Certain aspects of copyright in the digital single market of the European Union, current development
Kocarová, Klára ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
1 CERTAIN ASPECTS OF COPYRIGT IN THE DIGITAL SINGLE MARKET OF THE EUROPEAN UNION, CURRENT DEVELOPMENT ABSTRACT This rigorosum thesis "Certain aspects of copyright in the digital single market of the European Union, current development" concerns with the modernization of copyright within the EU. The main target of this thesis is to introduce and critically analyze selected articles of the proposal for a directive COM (2016) 593 final on copyright in the Digital Single Market (hereinafter referred to as the "DSM directive") in wording proposed by The / A Commission in September 2016 (the description of some omitted provisions are included) and subsequently compare them with the amendments of the European Parliament and its committees. Particularly by the presentation of the professional public's opinions, I examine whether the selected provisions are proportionate, appropriate and able to reach intended targets. In the situations where I find it problematical I deal with the questions of possible compatibility and coexistence of the proposal with the current legal framework in the future. The thesis is concerned with documents proposed by the EU within the program of modernization copyright since 2016 and reflects development of the DSM directive proposal until the end of November 2018 when the manuscript was...
Collective management and use of copyright on the Internet
Sliwka, Rostislav ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Collective management and use of copyright on the Internet Abstract This thesis is dealing with two main areas. The first on is a concept of collective management, particularly the collective management of rights in musical works. At the beginning it is described as a general concept. More detailed aspects such as the inner organization of a collective society, its relations with another persons and entities and the exercise of collective management through setting tariffs, licensing and distribution of remuneration are explained thoroughly on the example of OSA. The difficulties for OSA in the field of extended collective licensing in connection with the royalty-free music are pointed out while describing the regimes of collective management. The second area is the use of musical works on the Internet with regards to collective management. At first, the terms Internet and Internet Service Providers (ISPs) are described. Closely analysed is a liability of these providers for the content online and limitation of this liability with so-called safe harbours. It is argued that these harbours need to be revised as it is shown on the example of YouTube. Focus then turns on the possible ways of using musical works online - downloading, streaming, linking, webcasting and simulcasting. The greatest attention is paid...
Private law aspects of trademark protection
Beňasová, Kateřina ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Název rigorózní práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Private law aspects of trademark protection Abstract This thesis focuses on law of designations in a form of trademarks. Historically, trademark law could be classified as public law rather than private law, however recently the perception has changed as legal doctrine observes developing private law aspects. This thesis centres on private law aspects of trademark law, in particular private law aspects of trademark protection. Its aim is to provide complex overview of means of trademark protection from private law point of view. Relevant provisions include exclusive private rights of trademark's owner and their protection. The owner can protect their rights in various means. First of all, as detailed in the second chapter, the owner of a trademark can prevent future trademark from registration with the trademark registry through filing an objection to opposition proceedings held before Industrial Property Office, provided the future trademark contradicts the older one. Through such objection the owner usually protects their older trademark before registration of new trademark (which would harm their trademark's distinctive character or which would unfairly exploit it) with the trademark registry....
Domain disputes
Askinová, Deniz ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Domain disputes Abstract This rigorous thesis named "Domain disputes" deals with today's topical issues. It is divided into three chapters. In the first chapter, I will try to shed light on the "domain name, its legal and technical limitations and principles of its registration". Domain name limitations from the legal point of view represent the nature of a domain name in the Czech Republic. Domain name is perceived to be an object, as absolute and relative right or as other property value. From the technical point of view it is a structure and categorization of domain names into top level domains, secondary domains and tertiary domains or sub-domains. The most important and principal part of this thesis is contained in its second and third chapter "Settling domain name disputes, including settling of domain name disputes by extra- judicial authorities". Here I deal with the various forms of misuse of domain name, dispute-solving possibilities in respect to domain names in the Czech Republic both in extra-judicial way and in alternative solutions. The second chapter of this thesis dealing with "settling domain name disputes" targets the forms of domain name abuses, registration of domain names with speculative intentions, when the aim is to subsequently transfer domain names at a profit. It is these...
Photograph as the copyright and copyright protection of photographer
Pavelcová, Andrea ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The objective of the master's thesis called 'Photograph as the copyright and copyright protection of photographer' is to describe the basic foundations and characteristics of the current regulation of copyright work, specifically of photography. The Czech legal system do not contain a complex regulation of photography; therefore, the thesis deals with the individual aspects of copyright law related to the characterisation of photographs as a copyright work, the rights of photographers or their rights related to the protection of their copyright. The thesis is based primarily on copyright law commentaries, copyright regulation on the Czech, international and European level and on the decisions of both Czech and foreign courts due to rapid development of copyright law in the information society and the inflexibility of the current legislation. Due to the author's interest in photography, the thesis is enriched with personal observations from her own experience with photography. The thesis is divided into seven chapters. The first deals with the general description of copyright, its principles, basic concepts and the moment of copyright formation. Chapter two focuses on photography and discusses the subject of copyright protection. Chapter three deals with authorship of photography, defines under...

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