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The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy
Szpyrc, Daniel ; Dobřichovský, Tomáš (referee)
The thesis titled "The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy" deals with both, the protection of copyright and the scope of liability of various actors in the Internet environment. The content of the thesis is divided into four chapters, which allows the reader to be gradually acquainted with the whole issue. The first part briefly mentions development of the Internet network and its incorporation into the Czech legal order. The second chapter is devoted to the copyright protection in the Internet environment. Its content focuses on the most common methods of use of the author's work via the Internet, which is a reproduction of the work and its publication. This chapter further describes the development and operation of data sharing through peer-to-peer systems. Furthermore, it also deals with the issue of downloading of the work and application of the statutory exemption from liability for personal use only. The scope of liability in the Internet environment is largely harmonized by European provisions. For this reason, the third chapter contains the development phase of liability of the Internet services providers in the European countries. The first part of the third chapter demonstrates different approaches to the...
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International and European aspects of protection of industrial property
Píza, Jan ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
Resumé The field of legal protection of industrial property has gone through a turbulent period since the end of the 19th century, as it has had to react, not only to the fast development of international trade but also to the increasing importance of research and technological progress. This requested creation of international systems of protection for individual subjects of industrial property, as well as the conclusion of many multilateral international treaties, which aim to ensure minimal standards of protection and unify fundamental principles and substantive and procedural rules, has significantly helped to simplify the position of applicants seeking protection in more countries, as well as those responsible for overseeing these rights. This thesis aims to provide a complex view of the field of industrial property rights and their protection, which will also be reflected in the individual breakdown of the chapters. After the introductory explanation of the industrial property concept and the clarification of the importance of its legal regulation, an analysis of the historical context and development leading to the gradual internationalization of the field, follows. In the remaining chapters space has been reserved for the most important international treaties, whose complexly have regulated the...
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Current development of the European legislation regarding copyright
Kocarová, Klára ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis "Current development of the European legislation regarding copyright" deals with the current EU proposals on the modernization of copyright. For the purposes of this work, I have determined as "current" the proposals and documents published between 2015 and 2017 due to the consistency of the pursued objectives and the close interrelation between relevant EU documents. The main target of this work is to present key documents, whether accepted or proposed, to update European copyright for the needs of the digital world. This work is divided into eight chapters representing not only the proposals but also the environment into which they will be incorporated. For this reason, the first three chapters briefly address the introduction of the basic concept of copyright, as well as the harmonization of rights in the EU and the existing legislative framework in Europe (including international treaties and EU measures). In the following chapter, I introduce digitization and the internet as important factors, which affected copyright to such an extent that it appears in some ways to be completely incompatible with modern age. The fifth chapter highlights the main target of the ongoing adaptation of copyright law, which is the creation of a single digital market within the EU. The core parts of...
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Fashion Law
Krčmárová, Anna ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Fashion Law This rigorosum thesis carries the name of the recently established field of law. The fashion law has to uphold its status through fulfilment of the field-specific criteria; therefore, the fashion law is introduced on the background of a three part conceptual classification - fashion business law, fashion public law and fashion intellectual property law. The first chapters are dedicated to the establishment of the fashion law with respect to its wide academic acceptance. The second chapter outlines fashion business law with a special view to intellectual property licensing, due to its influence on the reputation of the fashion companies, which is crucial in such a competitive field. The topic of fashion public law is included as well in the second chapter as a necessary part of the legal field which might provide an alternative look at the issue of protection of the fashion companies' intellectual property. The entire third chapter addresses the fashion companies' intellectual property: patents, copyright, fashion designs and trade marks as suitable forms of protection of fashion designs and fashion brands. Individual forms of protection are presented in the international context with specific statutory requirements of the respective way of protection. A relevant part of the...
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Trade mark law and the issues of parallel imports under Czech law
Pavlík, Ondřej ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The purpose of the thesis is to analyse the phenomenon of parallel imports, define the pros and cons of parallel trade for respective entities and also society as a whole as well as describe how the trademark law may influence parallel importation of trademarked goods. In addition, the thesis analyses individual means of legal protection against parallel imports identified as illegal. After the introduction summarizing why it is appropriate to deal with the parallel importation phenomenon, the second part of the thesis describes the basic concepts in the context of parallel import issues: trademarks, parallel imports and exhaustion of trademark rights. The second part also describes the positive and negative impacts of parallel trade and why the doctrine of exhaustion of trademark rights appears to be the most appropriate way how to solve the difficulties in the relationship between trademark owners and parallel importers. The third part of the thesis aims to provide a reader with the basic sources of law which affect the phenomenon of parallel importation from the trademark law's point of view. As it follows from the third part of the thesis and also the whole work, the key legal source for the European region, including the Czech Republic, is the law of the European Union together with the case...
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Painting art work as the subject of the legal negotiations
Cenkerová, Markéta ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
in English Painting as an Object of Jurudical Acts The work is focused on individual types of legal proceedings connected with the painter's artwork. First, it offers an excursion to the basics of copyright, its development and contemporary issues. The work provides classification of copyright in the system of intellectual property rights and briefly explains the differences between continental and Anglo-American concepts. The following chapters attempt to define the terms "author", "work" and "painting". Then, it deals in more detail with specific types of artworks, such as restoration, book illustrations, derived works, parody and cartoon and street-art. In the next chapter, the thesis explains the relationship between the author and the owner of the work and some copyright restrictions that this situation brings, in the subchapter the work analyzes the export of painting artworks abroad. In its main part, the work gradually focuses on the individual types of legal proceedings connected with the painting, their characteristics and their adaptation. In the sorting of different ways of using it proceeds according to the system of the law, the largest range is devoted to the sale and purchase of the painter's artwork. In the subchapters, the work deals with the issue of pricing of painting artworks,...
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Legal instruments of protection of copyright and the related rights
Tomková, Lenka ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This doctoral thesis deals with a quite wide theme - legal means of copyright protection and related rights. The objective of this work is to present forms of violation of copyright and copyright related rights and particular possibilities of protection from such violations. Shortages in copyright are pointed out in the thesis together with proposalsof possible solutions. Attention is also paid to preliminary questionsasked within the frame of disputes of copyright and related rights. Its extensive part is dedicated to present practice of courts in the Czech Republic andwithin EU as well, when different resolutions in similar cases are pointed to.In the thesis there is also an analysis of violation of copyright and related rights, accordance of EU Law Court resolutions, and accordance of Czech expressions with general lawyers' standpoints. Final part of the thesis is used for comments to the last amendment of copyright andalso to EU Law harmonisation and efforts to reform EU Law and related questions. The thesis represents a general view of protection of copyright, legal meansserving to such protection and summary of the most important practice of courts within the given theme frame, though it is a very wide theme.
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Domain names in the Czech legal system
Kuba, Jaroslav ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Domain names in the Czech legal system The aim of this work is to introduce readers to the topic of domain names themselves with a necessary technical overlap, their legal regulation in the Czech legal framework, including a general analysis of particular legal institutes used for their protection (namely trademarks, unfair competition, name of an individual and name of a legal entity), and finally to outline the ways and development of the settlement of disputes arising from them before the judicial and extrajudicial bodies. The first chapter of the thesis covers the concept of domain names as such from a technical point of view. There is described the domain name function in the Internet and the domain name system as well, consisting of top level domains of different types with their specifics. Consequently are there through domain name registration covered domain name disputes in a global context, including the individual causes (types) of these disputes, and finally concludes with the description of a specific form of alternative dispute resolution called UDRP. The second, most extensive chapter is dedicated to the legal regulation of domain names in the Czech legal framework itself. The chapter begins with theoretical concept of domain names from the legal point of view and its historical...
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Protection of industrial property and international law.
Vymětal, Václav ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Protection of Industrial Property and International Law Václav Vymětal Abstract The submitted thesis "Protection of Industrial Property and International Law" and deals with the international aspects of the industrial property rights protection. The thesis begins with defining the industrial rights as a term and its relation to the broader area of intellectual property rights. The main international classifications of industrial property rights are introduced along with the basic principles of their international protection. The thesis subsequently approaches the historical introduction to the examined issues beginning in antiquity and progressing until the great industrial revolution of the nineteenth century which has led to the adoption of The Paris Convention for the Protection of Industrial Property. The general provisions of The Paris Convention and The Agreement on Trade-Related Aspects of Intellectual Property Rights are dealt with in a separate chapter, including the historical basis of both treaties, their main principles and contribution to the international protection of intellectual property generally, and industrial property specifically. The following chapter focuses on with the main relevant international organisations, particularly The World Intellectual Property Organization and The World...
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The specifics of interpretation and application of the European union competition law in relation to patents: limitation of patent rights by the "essential facility doctrine" in the U.S. antitrust and E.U. competition law
Přibil, Stanislav ; Šmejkal, Václav (advisor) ; Dobřichovský, Tomáš (referee)
The relationship between competition law and intellectual property (IP) rights is often viewed as adversarial. Competition law strives to maintain effective competition as a way of achieving effective allocation of resources and thereby contributing to consumer welfare. IP rights, on the other hand, provide the IP holder with a legal monopoly for a limited period of time, which shield the IP holder from competition. Although the ultimate goal of competition law and IP rights is to contribute to consumer welfare, the methods used to achieve this goal - creating a monopoly on the one hand and maintaining competition on the other hand - seem to be in conflict. This thesis examines the interaction between competition law and patent rights. In particular, it considers whether patent rights can be restricted by the "essential facility doctrine", both under US antitrust law and EU competition law. The essential facility doctrine (EFD) was developed in US jurisprudence as a type of monopolization claim under Section 2 of the Sherman Act. The doctrine has four elements: (1) control of an essential facility by a monopolist, (2) a competitor's inability to practically or economically duplicate the facility, (3) denial of use of the facility to the competitor, and (4) feasibility of providing access to the...
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