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Protection of industrial property and international law
Davidovová, Daniela ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
The protection of the Industrial Property Rights and International Law The crucial role of the Industrial Property Rights in the recent times is mainly caused by the globalization, especially in commerce. The main problem of Industrial Property Rights is its territoriality, e.g. each right need to be protected in every country where the protection is sought. However, there are some mechanisms that help to simplify such procedure (on international as well as on regional scheme). The aim of my final work is therefore to map the present situation connected to the legal aspects of the international protection related to the Industrial Property Rights. The work is divided into two parts - the first one deals with the basic terminology and description of the Industrial Property Rights together with its implementation into the International Private Law, International Public Law, European Law and national (Czech) law. Moreover, it explains the reciprocal interferences between the International Public and Private Law, European Law and national law. The second part is rather enumerative and it provides the overview of the international and regional treaties and organizations active in the field of Industrial Property Rights. The role of the non- governmental organization is not neglected. Based on the rules...
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Patent protection for medicaments and its topical issues
Kučera, Jan ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
- 61 - 7. Resume - Patent protection of pharmaceuticals and its current problems The pharmaceutical industry nowadays plays a major role in the world's economy, having an estimated total volume of USD 740 billion and being one of the recognized key innovation sectors. The system of patent law is of major significance to the industry in that the monopoly it confers, for a limited period of time, on using innovations provides a major incentive for innovative research activities that the industry is involved in. Although the availability of patent protection for chemical and pharmaceutical products has, from a historical perspective, only been reaffirmed in the near past, it has nowadays been accepted as a global standard mainly through the provisions of the WTO's TRIPS agreement. Despite the existence of various international treaties harmonizing patent laws, patents have to date in their effects remained strictly limited to individual jurisdictions. There're several ways of how patents can be used to protect the novel, innovative and non-obvious results of pharmaceutical research; patents for end products, processes of making a product or for new medical indications can mainly be of practical use, each of these types providing a different scope of protection and offering different approaches of preventing...
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The domain names and its protection with aspect to the trade mark
Chalupová, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
One of the legal issues, which brought by the development of information and communication technologies, is also the issue of domain names. With the development of the Internet, many human activities moved into the electronic world, including business activities. Presentation of the business through a website has become an indispensable means of competition. Domain names became a significant asset with regard to its secondary function. Therefore it was necessary to provide legal protection for domain names.Legal system of the Czech Republic does not contain specific legal act of domain names. This thesis deals with the issue of domain names. The object of this thesis is the definition of a domain name from a legal terms, the rights to domain names and registration of domain names. This thesis is limited to domain names, which are registrated in ccTLD .cz. The second part discusses the relationship between domain names and trademarks. In relation to the trademark rights the domain name has dual status. Registration of a sign as a domain name can occur the rights of trademarks. The trademark is one of the most effective means of protection for domain names. It is possible providing protection of domain names with registration in the register of trademarks.The owner of the domain name then has the same rights...
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The status of patent attorneys in the Czech Republic and their rights and duties
Novotný, Petr ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
The status of patent attorneys in the Czech Republic and their rights and obligations The purpose of my thesis is to analyze the status of patent attorneys in the Czech Republic and highlight their rights and obligations. The thesis is composed of six chapters, each of them dealing with different aspects of the historical or modern view on the profession. Chapter One is introductory and defines basic terminology used in the thesis. Chapter Two examines with the historical evolution of the profession. The chapter consists of six parts. Each part deals with some of the time period of modern Czech history. Chapter Three is subdivided into four parts and provides an outline of the first independent act about patent attorneys on the territory of Czech republic/Czechoslovakia. Chapter Four concentrates on problems resulting from the necessity of the professional autonomy and examines with the inner structure of the Chamber of patent attorneys. Chapter Five discuss about the actual legislation and the status of patent attorney on the ground of last professional act. Chapter Six summarizes the head rights and obligations which are important for the exercise of the profession. At the conclusion of my thesis I focus on possible future changes in legislation and recapitulation of current status. The main aim...
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Grounds for Refusal of Registration of Trade Marks under Czech Law
Poupě, Pavel ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The purpose of my thesis is to provide general requirements for the registrability of trademarks and to analyse particular grounds for refusal of registration of trademarks according to czech law. The thesis is composed of four main chapters, each of them dealing with different aspects of czech trademark law. Chapter One outlines brief history of the very first legislation dealing with trademarks and their registrability until recent days. Chapter Two is introductory and defines basic terminology used in the thesis and also presents categories of trademarks. The chapter is subdivided into five parts. Part One deals wiht national trademarks, part Two focuses on international trademarks, part Three deals with well-known trademarks. The last part presents the Nice clasification established by the Nice Agreement. Chapter Three provides an outline of all absolute grounds for refusal of registration of trademarks under the czech law. The chapter concentrates on particular absolute grounds; the chapter is subdivided into ten parts, each of them dealing with one particular absolute ground. The chapter also illustrates the approach to decision-making by trial courts and practice of competent authorities. Chapter Four concentrates on all relative grounds for refusal of registration of trademarks under czech...
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