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Involving users of social services in the community planning process in Karlovy Vary Region
Pisár, Robert ; Tollarová, Blanka (advisor) ; Růžička, Michal (referee)
This Master's thesis deals with the description of the current state of community planning of social services and the mid-term planning of development of social services in the Karlovy Vary region. At the same time, the thesis reflects the historical content which led to the use of the community planning method in The Czech Republic. In the thesis, the author uses examples from abroad and from The Czech Republic that show specific problems especially encountered by organizers planning social services. The author bases his research on his analysis of interviews held with planning coordinators in the Karlovy Vary region. From the coordinators viewpoint, they describe structure and course of social service planning processes in the region. The author also examines the role of users invited into the planning of social services, how planning organizers communicate with those users, and how all representatives evaluate the plan's results. An additional information source regading social services planning dealt with publicly available resources, particularly websites of individual cities and their regions. The objectives of using this sources were to describe the planning of social services in the Karlovy Vary region and to determine its main active players. In conclusion, the author summarizes the...
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Patent system in the Czech Republic
Lebedová, Radana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Submitted master thesis discusses patent law legislation in the Czech Republic. The purpose of this thesis is to examine current legislation in particular with the focus on gaining the patent protection as well as following proceedings and to point out possible uncertainties and particularities of such proceedings given by special nature of patent proceedings in relation to administrative proceedings in general. Considering the mutual bond between the substantive and procedure patent law, this thesis also deals with selected substantive issues. Except for the introduction and the conclusion the work is divided into six chapters. These chapters are notionally split in two main parts. First part consists of first three chapters and is considered to be the introduction to the issue of patent law; second part, consisting of last remaining chapters, represents the core of the thesis on its own. First chapter deals with defining the main terms in the field of patent law and intellectual property law as such. Firstly, it deals with the term intellectual property following by industrial property which are commonly defined by enumeration of subjects belonging to one or the other. Moreover, this chapter concentrates on explaining what patent law, patent and invention legally mean. Second chapter is dedicated...
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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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Specific of patent law in pharmaceutical industry
Kolářová, Karolína ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
This diploma thesis deals with the selected institutes and specifics of patent law in pharmaceutical industry. The aim is to analyze and critically evaluate these institutes and specifics. Although the topic requires a certain overlap into different scientific fields, the thesis emphasizes on the legal aspects of these institutes. The thesis is based on the Czech legislation; however, many chapters require an insight into the European or/and international legal context. Furthermore, the case law of a foreign court and the European Patent Office is also presented. To begin with, the thesis deals with definitions of the key terms of a patent law and presents a brief overview of the legislation on the national level as well as internationally. In the next chapter the area of pharmaceutical industry is introduced, more specifically its historical background and a specific terminology used in such area. The thesis contains a chapter dealing with the area of biotechnology as well. In the crucial part of this thesis, firstly general requirements for patentability of inventions are defined and the question of patentability of biotechnological inventions is evaluated. The attitude towards patentability of genetic modifications and cloning is evaluated more closely. Furthermore the requirements of the gene's...
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Legal protection of design focusing on fashion industry
Tomášková, Lucie ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
This thesis focuses on definition of all possibilities of legal protection of design relating to the fashion industry and fashion design. Thesis defines term design, its fundamental types, typical characters and special features. Next part deals with design as the immaterial thing, as the thing in legal sense and its categorization due to adoption of New Civil Code and broader concept of the thing in legal sense differentiating on material and immaterial. From the area of forms of legal protection thesis pursues particularly protection through copyright, industrial designs, trademarks and unfair competition. Simultaneously it compares the relationship of protection through copyright and industrial designs as well as industrial designs and trademarks. Another part is dedicated to public and private legal means which designer may use providing that there is interference with his rights. Apart from specification of forms and means of legal protection, which are available in the Czech Republic, this thesis aims to describe opportunities of designer in the international area and area of the European Union. Thesis concerns registered and unregistered industrial design from the point of view of the European Union, from the international area it mentions all international agreements important for...
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Community trade mark and its relation to a national trade mark
Skácelová, Michaela ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The theme of this thesis is the European Union trade mark and its relation to the national trade mark. Three main chapters are devoted to this subject. The first chapter provides a brief introduction to the concept of trade mark in general and its history. The second chapter is about the core of the matter and illustrates the European Union trade mark itself - elements required by the Regulation, the registration process and the trade mark's effects. The next chapter discusses the relationship between the national trade mark and the European Union trade mark as two systems existing next to each other that do influence each other.
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Comparative study of trademark law in legal systems of the Czech Republic and the Peoples Republic of China
Kučera, Matěj ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
This paper compares legal systems of trademark law in Czech Republic and Peoples Republic of China with focus on trademark legislation. The goal of this thesis is to provide the reader with a view of Czech and Chinese mentality towards trademarks as it evolved in time. This historical comparison of trademark evolution should mainly serve as a guideline to understanding as to why each legal system chose such legislation even though both are part of the civil law system. Another goal is to present the reader to a complete view of Chinese trademark legislation with focus on those aspects that are the most different for Czech trademark legislation and also to present specifics of Chinese and Czech trademark legislation which would be hard to find in its counterpart. This thesis is divided into three chapters. The first chapter describes the basic concepts that are essential to this thesis, with focus on those, that are significant for the comparison of both legislations. Second chapter provides complete explanation of historical evolution of trademarks in both countries, with focus on historical evolution of trademarks in China. Third and longest chapter deals with the actual comparison of both legislations, with the main focus on Chinese legislation. Each subchapter starts with a description of a...
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Trade marks with reputation in light of case-law of the EU
Peřinová, Eva ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
The rigorous thesis "Trade marks with reputation in light of case-law of the EU" submits a complex overview of the issues concerning trade marks with reputation in relation to the case-law of the EU. The initial part looks into the role of the Community trade mark in the framework of the Czech and International trade mark system, contains topic concerning the private law aspects of trade marks and submits general overview of procedural issues. The thesis also includes interpretation of the unclear terminology and presents "related topics" (comparison with well-known marks, enhanced distinctiveness, family of marks). The main pillar of the thesis is analysis of article 8(5) CTMR (counterpart of § 7 (1)(b) and (e) of the Act No. 441/2003 Coll., on Trade Marks) and of its cumulative conditions that need to be met to successfully claim the article concerned. It mainly contains analysis of the forms of encroachment (unfair advantage of the distinctiveness or the repute of the earlier mark, detriment to distinctiveness, detriment to repute) in light of case-law of the EU, all also from procedural law point of view. The final part of the thesis is concerned with possible future legislation regarding the issues in question and it also briefly refers to administrative classification of the goods and...
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Trade mark law and the issues of paraller imports under Czech law
Šipulová, Anna ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Parallel imports and trademark law in the Czech Republic This thesis goal is to provide a basic introduction to Czech trademark law and to analyse parallel imports. I wanted to emphasize the "exhaustion of rights "principle in the context of the law of the European Union also in the context of law in the Czech Republic. It covers some of the most intriguing aspects of parallel imports for example "placed on the market", "consent of a trade mark owner", "repackaging and other changed of the parallel imported goods "by examining the most important Court of Justice of the European Union (before European Court of Justice) decisions that have set a solid legal environment and use them to explain how parallel imports have evolved. The thesis focuses on Czech and European trademark law and parallel imports in the law of the Czech Republic, as a member state of European Union. At the first part of thesis I explain what is trademark law, it's sense and intent in general. I also examine the fundamental sources of Czech national trademark law, trademark law of the European Union and international law. Which is followed by description what a "trademark" is and which trademarks are protected in Czech Republic, their functions and "trademark owners" as a basics terminology of trademark law in Czech Republic. Next part...
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