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Intellectual Property Rights in the Theatre Practice Context
Hájková, Martina ; SRSTKA, Jiří (advisor) ; JAKL, Ladislav (referee)
This master thesis is focused on the intellectual property rights in the context of theatre practice. Its aim is to analyse the area of intellectual property rights and to show that intellectual property rights do not end with copyright, but it is just a beginning.
The results are answers to following research questions: What are intellectual property rights and what does this term include? How are intellectual property rights applicable within the theatre practice? What are the basic types of protection when these rights are violated in the theatre / by theatre?
The diploma thesis is composed of three main chapters, in which I progressively try to find answers to the above mentioned research questions. The first chapter is focused on the intellectual property rights and on their definition, including their terminological distinction from similar definitions, and analysis of that area. The second chapter introduces selected areas of intellectual property rights that are relevant for the theatre practice, and these selected areas are illustrated by examples. The third and last chapter outlines some of the basic mechanisms in the protection of intellectual property rights.
The conclusion summarizes the findings and on their basis it tries to answer the research questions on their basis.
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Demarcation between the categories of products with physiological function on human body in EU law
Vavrečka, Jan ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee)
The thesis is focused on theoretical principles of demarcation of products with health effects in the EU law and on the reflection of these issues in the application and administrative practice in commercial law. The thesis developed yet been brought judicial interpretation with the scientific interpretation of certain key and decisive problems that separate from each other law-regimes of regulation: medicinal product for human use, foods, cosmetics products, medical devices and biocides. Correct law-regime for a particular product is determinating of the general legal basis in the EU internal market. It is therefore a important problem not only in EU law, but also in EU economic. Thesis results are highly critical of current practice in the local markets of EU member states, especially Czech Republic, and in many instances documented sub-optimal application of this law in general practice.
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Legal Aspects of the Unregistered Marks of Goods and Services Used in the Course of Trade
Vozáb, Jakub ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee) ; Tomsa, Miloš (referee)
This dissertation theses addresses the phenomenon of the unregistered mark for goods and services in accordance with trade mark law of the Czech Republic, while taking into consideration the given scope of EU law and its comparison with the legal protection of applied trade marks in the framework of the "passing-off" doctrine of the legal systems of the United Kingdom of Great Britain and Northern Ireland. While the subject of trade marks has already been thoroughly established in juristic theory and has also become commonplace in legal practice, the institute of the unregistered trade mark has not yet to be comprehensively examined, and as such it presents significant difficulties in applied practice, as it bears no solid legal foundation, and in the context of the regulations of trade mark law it is always possible to identify specific special entitlements arising from the existence or application of unregistered trade marks, whereas the nature of their verbal formulations and systematic classification presents difficulties in the interpretation and application of such entitlements. The basis for this reasoning is namely the historical evolution of the phenomenon of the unregistered mark in trade mark law in Austrian, respectively in subsequent Cisleithania, and its reception and evolvement within Czechoslovak law as the legal predecessor to the Czech Republic. The goal of the research presented herein is to identify answers to the underlying theoretical questions concerning unregistered marks of fundamental significance to applied practice, and in so far as they concern the nature of the unregistered mark as perceived by trade mark law and its definitional attributes, terms of origin, duration, and expiration of unregistered marks, or more precisely as they concern rights to them, as well as the terms and scope of disposition with unregistered marks, namely in so far as they in turn relate to transfer or conversion and the grant of license or other temporary right of use. Subsequently, the establishment of answers to the aforementioned questions addresses the problem of the absence of an explicit legal principle to the phenomenon of the unregistered mark and the interpretation difficulties offered in the poorly formulated laws and subsequent fluctuations in legal practice. This problem is examined within the legal setting of the Czech Republic as a democratic nation with a market economy, in which holds true the classic legal rudiment of "that which is not prohibited by law is permitted", and in which hold true the fundamental and indefeasible rights of man, a component of which is the right to freely pursue economic activities and possess property within a framework of restrictions favouring the preservation of the rights of others as set forth by the law.
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Industrial property protection
Čada, Karel ; Jakl, Ladislav (advisor) ; Boháček, Martin (referee) ; Vojčík, Peter (referee) ; Hajn, Petr (referee)
Annotation Innovations have been accompanying the human society during the whole era of its development. The concerns in stimulation of the innovations have lead to efforts for legal protection. Time limitation of patent owner's rights to an exclusive use of a technical solution has been raising opinion disputes during the whole period of its evolution. Even nowadays, in Czech as well as in European context, there are still many questions open in range of the patent protection and to contribute to its better understanding and clarification has been the main goal of this publication. From the point of view of the Czech milieu we have been living in a period of a growing attention paid to innovations while at the same time it has been a period filled with many substantial changes in range of the protection of technical solutions. The Czech Republic's access to the European Patent Convention has within the scope of this international agreement enabled validity of the European patents granted by the decision of the European Patent Office in the Czech territory for the first time. In addition, our country had became a member of the European Communities what has resulted in important changes in legislation regarding the industrial property rights protection and partially regarding the solutions protected by patents as well. These facts have had a considerable impact on the business environment in the Czech Republic, giving the Czech Republic the role of an active player on the European patent playground. This writing deals in particular with the matters of legal protection of inventions and their economic impact, while in some parts of this work, somewhat unsystematically; it swings into contemplations about the industrial property itself. This happens willfully and with an intention to analyze some of the issues in broader context and therewith contribute to better understanding of the complicated and in some cases distinctively contradictory or controversially manifesting relationships. First part of this book characterizes elementary issues of the patent law, thus not only historically but as regards the contemporary European and Czech legal milieu as well. European patent system is represented by the activities of the European Patent Organization and national patent offices. The Community patent system, despite the effort put in during the past 50 years, is still does not exist. However, this does not mean that current system does not provide us with numerous issues enough to contemplate about and analyze. The decisions of the European Patent Office are influenced by the diversity of the historic evolution of the patent systems in various parts of Europe; therefore they can be used as an interesting inspiration and study material for the expert public. That is the reason why there is often referred to them in this work. On the other hand, the legal relations originated from the European patents, after the European patent protection had been granted, are a subject to a review according to the national legislation, therefore it is not surprising that the decisions and results of similar disputes not seldom bring different results. It is therefore worth to analyze them thoroughly. The extent of this work has only allowed me to concentrate only on some of the above mentioned issues, such are the possibility of legal protection of computer2 implemented inventions, issues connected with the extent of the patent protection and basic ideas on financial assessment of technical solutions, primarily of the patents. Some more detailed considerations were included too, such as about the debates and their progress in European level. Herewith I mean the matters concerning the translations of European and possibly Community patents, patent protection quality and in long term, thought until now unsuccessful debates regarding the creation of the European patent judiciary.
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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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Optimization of secondary school network in the Karlovy Vary region
Procházka, Pavel ; Trnka, Jan (advisor) ; Krpálek, Pavel (referee) ; Jakl, Ladislav (referee)
Doctoral thesis is concerned with broad category of the secondary school system in conditions of floating exteriority and internal environment of high schools in the Karlovy Vary Region Authority. Thesis gives redress to development schools during working prominent factors that are totally objective in view schools' requirements of changes in school network and especially implementation optimalization's institutional concept structure of high schools including optimalization of kinds in education offer on the part of particular schools. Thesis of its content responds to The Concept of Education and the Development of the Education System in the Czech Republic, was launched by Resolution No. 564/1990 on 31 March 2002. Thesis is further based on next accessible documents and analyses checking up on the other Region Authority and on the whole Czech Republic. These include analyse of the The Czech Pedagogic Society, The Council of Higher Educations Institutions, National Programme for the Development of Education in the Czech Republic (White Paper), Council of higher Education Institutions, Institute for the Research and Development of Education of the Fakulty of Education of Charles University attitude and participation in OECD activities in the field of education will be focused especially on projects dealing with schoul education in the future. Authorities appreciate fast acting and it doesn't possible until becoming acute by reason of the demographic decline and untenable cost growth. But today we are missing general method purposeful resolution this challenge. The thesis afford make its ambition on elimination of this problem and at the same time become guideline to opimalization's concepts in network of schools and environments.
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Marketing and communication strategy for music contest Skutečná liga
Stanislav, Michal ; Postler, Milan (advisor) ; Jakl, Ladislav (referee)
The first theoretical part of the work describes in general marketing, marketing and communication strategies. The practical part is given to description of the music contest Skutečná liga, then to analysis of its target group, to analysis of its competition and of previous marketing and communication strategy. SWOT analysis is made up on the grounds of these researches. Particular, concrete recommendations with time-harmonogram building a new marketing and communication strategy were suggested according to the founded results.
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Legal means against violation of intellectual property rights
Měchurová, Veronika ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee)
This thesis is dealing with legal means for enforcement of intellectual property rights. It is focused on rights to marking, namely trademarks, indication of source, apellations of origin and domain names. The work analyses and characterizes individual legal means and shows possibilities of their use. There are presented procedures of enforcement of rights to marking, definitions of terms and practical examples. The works concentrate not only on Czech legal regulations but also on legal regulations of the European Union and legal regulations of international institutions such as for example agreement TRIPS.
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Licence contract for industrial property rights under conditions of international trade
Kaňa, Jiří ; Jakl, Ladislav (advisor) ; Špindler, Karel (referee)
The diploma thesis deals with licence contract for industrial property rights under conditions of international trade. The first part describes basics of the discipline called intellectual property rights and mutual relation to industrial property rights. Furthermore the thesis includes relation between licence contract for industrial property rights and other contracts governed by private law. The second part is concerned with licence contract itself, including relation to licence governed by copyright law. Last but not least it deals with option contract and so called know how licence.
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