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Copyright protection of visual arts
Zajíčková, Zuzana ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Fine Arts and other types of Visual Arts Copyright This dissertation deals with copyright law with a special focus on fine art and modern forms of contemporary visual art. The introduction describes in brief the copyright, especially its inclusion in the law system, the definition of basic principles and sources of law. Further it concentrates on personal and property authors' rights in its specific forms. The next chapter deals thoroughly with the legal definition of fine art, including both its traditional and modern forms. The following part summarizes the means of legal protection of fine art, by both private and public actions. The fifth chapter presents a legal and philosophical reflection on the protection of art in public space, street art and graffiti, the unique art forms that come often into conflict with the third parties' rights. The sixth chapter is a follow-up to the previous and addresses the legal regulation of urban art (street art and graffiti) in France. The seventh chapter analyses the well-known cases related to copyright disputes in Czech legal environment. The next part is focused on copyright and its concept in France, the historical and philosophical context, the definition of copyright and the obligatory conditions of protection. This chapter also contains a...
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Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
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Topical issues of EU copyright law: transformation of law in the information society
Mudra, Tomáš ; Svoboda, Pavel (advisor) ; Dobřichovský, Tomáš (referee)
Title of the thesis: Current issues of the copyright of the EU: transformation of the copyright in the information society The aim of this master's thesis is to analyse the current issues of the copyright of the EU and identify possible future trends, which should find their way to the upcoming third wave of harmonisation by European Commission. Therefore the master's thesis is based on the analysis of the issues identified for the revision of European copyright by European Commission itself in the recent public consultation. The issues were analysed in three steps to attend the aim. Firstly, the scope of identified issues for revision of the law is analysed. It was assumed, that the issues presented by Commission are requesting legislative action because of the lack of applicable solutions or due to high rate of legal uncertainty. Secondly, the current state of European copyright in issues was tested for striking the fair balance of stakeholder in the light of the utilitarian theory of copyright. Based on the previous two steps, possible future trends recommendable for the revision of the European Copyright were identified. Therefore, the main aim of the master's thesis was achieved successfully. Mostly due to still existing juridical solutions, the original premise about the scope of issues being...
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Possibilities of legal protection of martial arts and self defence systems
Hruška, Vít ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
POSSIBILITIES OF LEGAL PROTECTION OF MARTIAL ARTS AND SELF DEFENCE SYSTEMS ABSTRACT This thesis has two, resp. three goals. First of them is attempt to improve knowledge about disciplines of martial systems which I believe could help to prevent many misunderstandings about purposes of those disciplines. For that reason I divided martial systems in three categories (disciplines), which conforms with categorization that slowly rises among professional public. Those categories are: martial arts, fighting sports and self-defence systems. There is also a brief summary and history of two of these disciplines. Second, or second and third goal of my thesis was an exploration and introduction of possibilities of legal protection not only of martial arts but also of self-defence systems. The main emphasis is on copyright of martial arts, which is described in great detail. Legal protection of martial arts in relation to industrial law is also briefly described. Self-defence systems are examined in the same way as martial arts are. This means that first I try to describe copyright protection and than protection in the sense of industrial law.
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The Community Trademark - grounds for refusal
Pokorná, Kateřina ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
The purpose of this rigorous thesis is to explore the absolute and relative grounds for refusal of registration of the Community trademark. The paper deals with the basic principles of the Community trademark including the description of the registration process. The paper further describes each of the absolute and relative grounds for refusal of application and analyses the decisions of the Court of Justice of the European Union concerning the individual grounds.
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Exercise of a trademark right in the territory of the Czech republic and the USA
Jiříčková, Sandra ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
The purpose of the thesis " Enforcement of a trademark rights in the territory of the Czech republic and the USA" is to provide a comprehensive knowledge in the field of intellectual property right protection withi the context of the protection against unauthorized intervention into the trademark protection and in connection with unfair competition, which is over a century recognized under revision of the Paris Convention as a part of the industrial property protection or the protection of intellectual property rights, alltogether in light of national legislation, Community legislation and the legislation of the United States.
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Non-contractual legal institutions of the use of copyrighted work
Strnad, Ondřej ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis provides an overview of extra-contractual legal institutions of the use of copyrighted work. The main emphasis is on the institution of free use and related topic of private copying and fair compensation. Statutory licenses, both chargeable and free of charge, are not omitted. The thesis is divided into three chapters. Brief introduction is followed by chapter providing definition of the fundamental terms of copyright from the perspective of Czech copyright law. The second chapter contains summary of sources of copyright law. Czech law, as well as European and international law is included. The third chapter contains crutial part of the thesis, the analysis of the extra-contractual legal institutions of the use of copyrighted work. After brief comment on free works follows analysis of the Three-Step Test, which is of great significance for all examined legal institutions. Relevant case law - WTO Panel report WT/DS160/R - is examined and the Max Planck Institute's Declaration on a balanced Interpretation of the Three-Step Test is also considered. Subsequent subchapters are dedicated to the institutions of free use and private copying under both, Czech and European copyright law. The thesis also includes comparative analysis of the level of the private Copying levies in the EU, based on...
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Limitations of patent protection in pharmaceutical industry with regards to the access to medicine problem
Vargová, Zuzana ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Limitations of patent protection in pharmaceutical industry with regards to the access to medicine problem The goal of this master thesis is for the reader to gain a general overview about the legislation in the area of European pharmaceutical patent law and also about medicines accessibility problems that come with the patent protection in this area. In the beginning we present relevant legal regulation with the focus on the TRIPS, as this international treaty is the source of patent protection exemption that is focal to this thesis. Later the paper addresses patentability requirements while the most of attention is given to specifics that are typical for pharmaceutical industry. This thesis further analyses two important concerns standing against each other. These being the protection of intellectual property rights where it identifies its origins and practical importance; and concern over right to health, which constitutes a legal reasoning for better accessibility efforts. In this thesis we identify lack of accessibility in various forms, which can present either as inaccessibility due to high prices or not even existent treatment, while both this problems might have more causes. These causes may and may not stem from the current patent system. That is why we further analyse current measures...
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Selected aspects of the law of fashion industry
Kamaleeva, Renata ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This thesis defines fashion law as a specific horizontal legal field that relates to the protection of design, materials, manufacturing processes, technology, shapes, lines, colours, finishing and labelling, trademark infringement and copyright protection. Moreover, it deals with crucial topics in the field of fashion law including licensing and enforcement of rights to the products available to retailers, manufactures, and fashion designers. In addition, the thesis studies the establishment and development of fashion law abroad, particularly in the United States of America, as well as in the Czech Republic. In this thesis, the definition of fashion design includes its features and unique remarks in comparison to other types of design. Further, the thesis thoroughly examines and analyses the protection of fashion design available to retailers, fashion designers and manufactures under Czech law, especially trademark protection, copyright protection, competition law and trade dress protection. It studies various sources of law, including case law, statutes, international treaties and soft law that relate to the protection given by the Czech and other legal systems. Moreover, it analyses the concurrence of the copyright protection of design and industrial design protection. Finally, the thesis studies...
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Collective administration of copyright, focusing on the unjust enrichment from the collective rights manager's point of view
Palička, Jan ; Wünschová Pujmanová, Alexandra (advisor) ; Dobřichovský, Tomáš (referee)
Collective administration of copyright, focusing on the unjust enrichment from the collective rights manager's point of view Key words: Collective administration, copyright, unjust enrichment This master's thesis is focused on the collective management of copyright in the Czech Republic and it especially focuses on the issue of claiming an unjust enrichment from the colletive administrator's perspective. The main aim of the theses is to introduce the aforementioned and systematically discuss the legal adjustments and the functioning of the institutions on both theoretical and practical levels. The theses is divided into two imaginary halves, the first half focuses on the collective administration of copyright in general terms, the second half deals with the enforcement of unjust enrichment by the collective administrator itself. The thesis is divided into ten chapters. The first chapter deals with the basic definitions of the concept of collective administration and it's inclusion into the Czech legal system as well as the definitions of the basic concepts and issues used in this area of law. The second chapter briefly discusses the history of collective administration in the world as well as in the Czech Republic. The third chapter describes the rights which are the subject of collective...
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