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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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Industrial property rights to the results of creative activity and their protection
Raisová, Hana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
The topic of this thesis is "Industrial property rights to the results of creative activity and their protection." This thesis reflects on Protection of Industrial Property as a part of a modern legal system which is getting more and more important in legal systems of all states. Protection of intellectual rights and industrial property became an integral part of the legal system in every developed country. In my work, I describe a wide range of Czech legislation governing the creative work in the field of industrial property. Very intense development in science and technology during the last decade caused growing importance of industrial property rights. Protection of industrial property is a very important framework of innovation stimulating research and development investment and transfer of knowledge from laboratory to the marketplace. It is clear that this course of economic life has received much attention not only in domestic law but also in international law. The protection of Industrial property rights is important for economical development at home as well as on an international level which led to establishing legislative protection in legal systems of individual countries as well as international treaties and agreements. While state and international legislature covers all aspects of intellectual...
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Chosen relative grounds for dismissal of a Trademark registration
Lajsek, Vladimír ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Vladimír Lajsek: Chosen Relative Grounds for Dismissal of a Trademark Registration This topic is dealing with two chosen relative grounds of dismissal of a trademark registration, particularly with sec. 7 (1) (i) and sec. 7 (1) (j) statute No. 441/2003 Coll. The first part presents a general introduction in the whole issue, as with relative grounds for dismissal of a trademark registration and with proceeding on objections. Afterwards, there is described historical development of these provisions, which helped to their establishing into Czech legal order. The author finds, that these provisions were not established until convergence with the European law. Next parts are focusing on the particular provisions. The chapter about objection to the older copyright contains the role of the Czech Industrial Property Office in the proceedings of author crafts and their authorship. The Office should make its own conclusion in these circumstances, so it is not dependent on the binding decision of a court. In the issue of considering, whether particular mark is or is not an author craft, the author offers his own three-level-test of uniqueness, which is based on summarisation of the former decision-making of the Office. To the issue of the right to sue on grounds of this objection the author concludes, this...
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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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