National Repository of Grey Literature 127 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Voráčková, Klára ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
1 Abstract The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy The main purpose of this diploma thesis is to evaluate the current state of the legal regulation of copyright in relation to the responsibility for violation of such law in the Internet environment. The thesis contains a list of valid Czech and European legal standards and a list of international treaties affecting the topic. I have also analyzed the responsibility for copyright infringement on the Internet in the light of primarily European case law. Given the so-called Europeanization of law and its impact on copyright law, European case law has a great significance also for the decision- making of Czech courts. I chose the topic of my thesis because the connection between law and the Internet appears to me as interesting and this area is constantly evolving and changing, as the Internet itself has become an absolutely unpredictable area in terms of the number of active users. Another problematic and very interesting area is the conflict of features, namely the features of the Internet that are inherently non-border, and copyright, which is territorial. I have judged this conflict of interest in the light of both the offline and the online world, which addresses the wider...
The provision of online music streaming services and the management of copyright in the light of the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark.
Kraus, Adam Daniel ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The provision of online music streaming services and the management of copyright in the light of the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark Abstract This thesis presents an insight into the management of copyright in musical works, with particular focus on their use in provision of online streaming services, together with the discernment of the individual aspects of such management in the context of changes brought about by the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark. The aim of this thesis is to primarily describe the various models of copyright management and their importance for both the users of works and the right holders in the contemporary era of digital uses, and at the same time to analyse the individual legislative interventions into these models, confront them and infer possible de lege ferenda implications. The introductory part of the thesis also describes the streaming technology itself, especially with regard to its copyright aspects, whose grasp is essential for a proper description of the different modes of protection and application of copyright. The thesis is divided into eight chapters. The first chapter describes the historical development of copyright protection of works in the digital environment. The...
Protection of copyright and international Law
Rybář, Dominik ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Protection of Copyright and International Law Abstract The topic of the thesis is focused on currnet situation within the area of international copyright protection in connection with new technologies. Firstly, it points to differences in national and regional adaptations of legislation based on the principle of teritoriality typical for copyright protection. It defines the position of copyright within the framework of international law and within the system of intellectual property rights. It then presents the legislational framework of this area through the Berne Convention, the TRIPs Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO World Intellectual Property Organization. It then focuses on the regional area of the European Union, where it discusses the Copyright Directive in the Information Society and the currently prepared Copyright Directive in the Single Digital Market and discusses in more detail its controversial articles 11 and 13. In Its second part, the thesis aproaches concepts of copyright, the criterion of originality and uniqueness, dualism of copyright as divided to the economic and moral rights and the concept of employee works. This provides a theoretical basis for the following chapters to illustrate a possible copyright problem related to artificial...
Legal protection of domain names in relation to rights of designation
Řehounek, Dominik ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Legal protection of domain names in relation to rights of designation Abstract The diploma thesis focusing on the legal protection of domains in relation to the rights of designation has an ambition to offer its readers a comprehensive view of this issue. The work is divided into two basic parts, namely technical and legal parts. In the technical part, attention is paid to both the technical background of the domains, the functioning of the domain name system as well as the individual concepts such as the difference between the domain and the domain name. Legal part is divided into two chapters. The first chapter seeks, in particular, to anchor domains within the legal order, while the other deals with their differences with respect to the rights to designations and possible collisions with them. In the first chapter, apart from a bit of history, the technical functioning of domains within the domain name system is described. Emphasis is placed on the hierarchical structure and explanation of the basic principles. The explanation also deals with different types of domains and their differences. The space is also dedicated to the registration process. In the second chapter it deals with the status of domains, respectively domain names within the legal order. It polemize the existence of absolute rights and...
The relationship between trademark protection and copyright protection
Crháková, Blanka ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
 The name of the thesis: The relationship between trademark protection and copyright protection This diploma thesis deals in a complex way with the system of relationship between trademark protection and copyright protection within Czech law. The diploma thesis is based mainly on two acts - Act No. 121/2000 Coll., On copyright protection, and Act No. 441/2003 Coll., On trademark protection. It also reflects European law including actual case-law. The main goal of the thesis is to show how both protections work, their mutual relation, eventually how and in which situations their convergence happens and what can be the consequences of it from the protection point of view. In the first chapter of my thesis we find introduction that brings the subject to the topic, including aim of the thesis. After that comes seven main chapters and a final conclusion. Initially in chapter two and three of my thesis, I define the basic concepts dealing with Intellectual property and law related to intangible property. Subsequently description of the simultaneous operation of both protections is discussed and based on that their similarities and differences are highlighted. The focus is on analysis of both protections, subjects of both protections, their beneficiaries, formation, duration, means and international...
Intellectual property objects created in labour-law relationships in the Czech Republic and selected countries of the European Union
Soldado, Jitka ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee) ; Tröster, Petr (referee) ; Dobřichovský, Tomáš (referee)
1 Intellectual property objects created in labour-law relationships in the Czech Republic and selected countries of the European Union Abstract The contemporary modern period of 21st century is characterised by a constantly developing progress, new information technologies as well as innovative tendencies in all spheres of human life, allowing individuals their own self-fulfilment through their own intellectual activity. It is not unusual for an intangible property to be created as a result of human intellectual activity carried out during a labour-law relationship. As a result thereof, a legal regulation of the mutual relationships of the contractual parties, i.e. the employee and the employer, with respect to the result of such a human intellectual activity, is necessary. The submitted dissertation thesis deals with a legal regulation of the intellectual property objects created by employees in the course of labour-law relationships de lege lata in the Czech Republic and in the selected countries of the European Union, i.e. the France and the United Kingdom of the Great Britain and Northern Ireland. The dissertation thesis is composed of five coherent chapters, whereby the third chapter dealing with the legal regulation de lege lata of selected intellectual property objects created by employees in the...
Intellectual property and folklor
Müllerová, Martina ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
INTELLECTUAL PROPERTY AND FOLKLORE Abstract This thesis focuses on folklore within intellectual property law and examines current and suggested means of its protection. Although the notion of traditional cultural expressions is relatively new for jurisprudence, it quickly becomes significant, partly due to its political connotations. The first part introduces four essential terms: intellectual property, folklore, indigenous peoples and public domain. Furthermore, it describes notions of indigenous customary law and domaine public payant. The second part focuses on the relation between intellectual property and folkore. It discusses its nature and various interests that are linked to it. The same part looks at folklore as a cultural heritage of humankind. It also outlines main problematic uses of fokloric works and illustrates them with numerous examples. In the end it mentions so called WIPO Fact-Finding Missions. The third part looks at foklore in the framework of standard intellectual property law. It is divided into three chapters, namely Copyright, Industrial Property Rights and Other means of protection. The fourth part is dedicated to sui generis law. It provides an overview of attempts to amend conventional system of intellectual property law in order to better suit the needs of folkore. It presents...
Restricting the effects of a patent
Kronusová, Marie ; Pítra, Vladimír (advisor) ; Dobřichovský, Tomáš (referee)
Restricting the effects of a patent These theses are focused on issues of the legal options on the exceptions and limitations to patent rights. At first there is clarified fundamental terminology, especially relation between terms patent and innovation, patentable solution and also effects of the patent. Next chapters relate to the limitation on the patent effects that is the experimental use exception and also so- called Bolar exception; using the invention for non-commercial purposes; institute of compulsory licences; limitation to extemporaneous preparation of medicines in pharmacy, use of patent law articles on foreign vessels, aircrafts, land vehicles not permanently accessing from foreign countries and institute of prior user rights. The author discusses non-commercial use of the invention, which is closely related to the experimental use exception in some countries or the legal institute of compulsory licenses, contemplating negative and positive impacts and moral aspects of that decision. Regarding the scope of the experimental use exception, the author argues that the exception in need is rather narrow rather than broader. In case of compulsory licences, the author is emphasising on fair balance between the interest of patent owner rights and the concerns of nation and also comes with...
Performers and term of protection of their rights
Costantini, Simona ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Main objective of this thesis is to examine in detail the topic of performers' intellectual property rights and their term of protection, offering an insight based both on the historical background and the current state of legal regulation (Czech, European and international). Especially, I deal with the changes resulting from implementation of Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. A significant part is also dedicated to the recently adopted Beijing Treaty on Audiovisual Performances (2012). The introductory chapter consists of a comprehensive historical overview that covers important events and sources of law relevant to performers' intellectual property rights and their term of protection. Certain documents can be considered milestones, such as Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty and the Beijing Treaty on Audiovisual Performances. A substantial part is also dedicated to the harmonisation of term of protection of copyright and certain related rights through European law. The second chapter gives a brief overview of the concept and...
Non-contractual legal institutions of the use of copyrighted work
Čuřík, Martin ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The aim of this thesis is to summarizingly describe non-contractual institutions of the use of copyrighted work, to define this legal branch under the system of copyright law as well as to briefly introduce the essential institutes and concepts of copyright law as such. The second chapter focuses on the explanation of the concept of copyright law and its placement in the system of law. Afterwards, a brief historical background of copyright law on the territory of the Czech Republic and the most important reasons for providing copyright protection are introduced. In the third chapter, the essential concepts of copyright law are defined, such as author's work, the characteristics of author's works, categories of author's works, exceptions to copyright and the concept of authorship. The description of when the copyright protection is created follows. Then, the definition of the content of copyright, including the scope of moral and economic rights of author of the work, is presented. Finally, the institution of public domain is explained. The fourth and main chapter of this thesis contains a digression in the field of copyright contracts, followed by the introduction to the field of the non-contractual institutions of the use of copyrighted work. Next, there is an overview of the European and...

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