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Obligational means of securing claims in the international trade
Micikowska, Natalia ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zahradníčková, Marie (referee)
Obligational means of securing claims in the international trade Abstract The subject of this dissertation is obligational means of securing claims and their functioning in the commercial transactions with international coverage. The thesis is primarily concentrated upon the statutory securing instruments most often encountered in practice i.e. surety, financial (bank) demand guarantees, contractual assignment of receivables causa cavendi, letters of credit and letters of intent. The thesis is divided into four parts. The first part deals with the introduction into the subject of negotiable instruments of securing obligations, provides an overview of the historical development of selected instruments, endeavours to outline the difference between the securing instruments conceived as rights in rem and those seen as obligations and eventually raises the issue of methodology. Afterwards the analysis is carried out on two levels: in the second part the author focuses on the applicable approach in determining the governing law in accordance with international and national regulations and afterwards on the topic of the unified norms developed by the international organisations that may be relevant in the light of the thesis' subject-matter. In this regard the works of the International Chamber of Commerce in...
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Cross-border Anti-competitive Agreements
Tupá, Kristýna ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT Cross-border Anti-competitive Agreements Functional market mechanism, as an essential element of a market economy, is a prerequisite for the economic prosperity of advanced democratic states. A completely crucial element of its functionality is free competition, the protection of which is regulated by competition law. However, competition does not apply consistently across all sectors. In this thesis I focuse on its application within the financial services area. This sector`s nature is very specific because we must always strive to maintain financial stability when implementing any measures. How should legislation respond to these aspects respond and how should the competition policy itself be shaped? Is regulation of this area necessary or does the competition intself represent a thread to the financial stability of the system? In order to fully understand the specifics of this area, it is firstly necessary to become familiar with the economic aspect of competition law and the nature of these white-collar crimes. Consequently, I will focus on the application of the competition law on financial services, taking into account new technologies and their influence on the structure of this market. The impact of competition on the banking sector is one of the core parts of this thesis. Based on an...
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International Sales Dispute Resolution
Gavrilova, Iva ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Feigerlová, Monika (referee)
INTERNATIONAL SALES DISPUTE RESOLUTION ABSTRACT This dissertation deals with judicial resolution of disputes arising from cross-border commercial relationships, more precisely from international sales contract as their common representative. The introduction defines the term of international sales contract (chapter one) and the process of its formation (chapter two) under the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). It addresses inter alia the gap filling of the CISG, uniform interpretation or commercial usages. Some comparative notes are also provided. Further, it examines a phenomenon called "battle of forms" that often occurs in practice when dealing with standard terms and conditions. The focal point of the thesis is the rules of jurisdiction set out in the Brussels I Regulation Recast ("Regulation") which are analysed from the perspective of an international commercial relationship. The emphasis is on the prorogation of jurisdiction under the Regulation. The third chapter deals with the territorial, temporal and material scope of application of the Regulation, as well as with its autonomous interpretation. It also discusses the role of the Regulation in arbitration. Chapter four reviews the rules of jurisdiction applicable when there is no valid choice of...
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European Trends in Judicial Mediation and Their Use in the Czech Republic
Tošnerová, Ráchel ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Feigerlová, Monika (referee)
EUROPEAN TRENDS IN JUDICIAL MEDIATION AND THEIR USE IN THE CZECH REPUBLIC Abstract This dissertation deals with the phenomenon of judicial mediation. In the first part, it defines the term of mediation as such and determines its essential and additional elements. Further, the text looks into the wide spectrum of cases in which this method of alternative dispute resolution can be applied. The author specifically points out that limiting its use to family matters is rather inappropriate. The following section systematically identifies the individual types, forms and methods of mediation so that each mediation can be customized for the respective case. Finally, the first part ends with a reflection on the current issues connected to criticism of mediation. These are the enforcement of international mediated settlement agreements, the potential conflict with access to justice and the binding nature as well as enforceability of mediation clauses including their stipulation in general terms and conditions. The second part is an analysis of the use of judicial mediation in selected European countries - Italy, Germany, the Netherlands, Poland, Slovenia and Spain. Different approaches to the implementation of the mediation directive are described as well as techniques for the promotion of its use. The output of the...
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Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China
Černá, Lucie ; Rozehnal, Aleš (advisor) ; Horáček, Tomáš (referee)
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...
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Trademark protection and enforcement of rights in trademarks in the Czech legal order
Dvořáková, Aneta ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
ní'' poskytuje rozbor tří oblastí zákonné úpravy ochranných známek včetně použití související judikatury jednotlivým oblastem. Diplomová práce se věnuje institutu ochranné známky jako takové, možnostem její ochrany a úpravě vymáhání práv k části diplomová práce podrobně popisuje institut ochranné známky a její historii, funkce ochranné známky, zatřídění v rámci duševního a průmyslového vlastnictví, rostoucí význam ky a rozšiřující se okruh druhů ochranných známek. V následující části diplomové práce je detailně rozebráno registrační řízení u ÚPV, a to od podání přihlášky až po jednotlivá fakultativní řízení, která mohou v rámci její ochrany nastat, až po případný zá do rejstříku ochranných známek. Podrobně je rozebráno připomínkové řízení a zejména námitkové řízení. V námitkovým řízením jsou důkladně popsány osoby oprávněné podat takové námitky a rozebrány možné důvody v práce se dále zaměřuje na prostředky ochrany poskytované nejen ÚPV, ale i soudy a dalšími orgány, kterými je ochrana vhodně doplněna i v spotřebitele, čímž je poukázáno na to, jak velký význam ochrana v této oblasti má. Závěrečná část p průmyslovému vlastnictví, který i přes svůj stručný rozsah poskytuje pro oblast průmyslového vlastnictví vhodný nástroj úspěšnému vymožení práv oprávněnými osobami. Diplomová práce v této části poskytuje...
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Protection of a domain name in relation to other industrial rights
Brandýs, Martin ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
This thesis on the theme Protection of a domain name in relation to other industrial rights strives to provide a comprehensive image of domain names protection in relation to the relevant objects of industrial property, respectively in relation to industrial rights related to these objects, as well as to provide a summary of the interpretative practice to this topic of the courts in the Czech Republic and of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic with regards to top level domain .cz. For this purpose, the first part of the thesis introduces a basic technical and descriptive introduction to domain names containing a general and comprehensible extract of technical solution and significance of domain names, which are also used in other chapters of this thesis. The following third chapter defines the basic definition of the domain names anchoring in the law in the Czech Republic, including current theoretical and legal concepts of domain names. The fourth chapter introduces the basic characteristic of industrial rights that are compared in contrast to domain names. This chapter also identifies the eligible objects of industrial property with which the registration and possession of the domain names may collide. The...
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A comparison of national trade mark with Community trade mark
Kovářová, Alice ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
A comparison of national trade mark with Community trade mark The purpose of this thesis is to provide fundamental information about trademarks and their legal regulation. In my thesis I focus on the decision making practice of the ÚVP, the European Union Intellectual Property Office and I attempt to compare their argumentation at decision making practice. In order to compare the decision making of the two offices I decided, because their legislations are very similar and their comparison would not be of great significance. Following the amendment by regulation no. 2424/2015 there have been some changes such as abolition of the necessity a graphical representation, the introduction of the so-called certification trade mark or the explicitly anchoring of the sound as a sign of a capable label. After the novella in the thesis I analyzed the decisions of the two authorities in the matters of assessing the registrability of the signs applied for. I have focused on the two absolute grounds for declaring incapability, namely the descriptiveness of the sign referred to in § 4 letter c) of the Act, respectively Article 7 subsection 1 letter (c) of the Regulation and the generality of the marking referred to in § 4 letter d) of the Act, respectively Article 7 subsection 1 letter d) of the Regulation. Each...
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Obstacles in registration of trade-marks in Czech and European decisions
Dzjubaková, Marta ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
The purpose of this thesis is to provide comprehensive overview of the obstacles of eligibility for registration of trademarks and analysis of various barriers through the practice of Czech and European courts and also the Industrial Property Office. The basis of the work was to focus on the theoretical level and supplemented and analysis of decision-making practice. Based on ananalysis of key decisions and other can be summarized that the legislation marks reached a significant level. If a person is considering the registration of new trademarks, or an extension of an existing one, it has sufficient amount of relevant information and can avoid fatal errors, that result would be a loss of protection of trademarks or failure to protect the new mark. The work consists of three main chapters. The first chapter is a historical excursion in to legislative developments trademarks and obstacles of eligibility for registration of trademarks. The second chapter defines the basic concepts and categories of the Czech Republic and the European Union. At the conclusion summarizes the advantages of the current approach to assessing eligibility barriers Intellectual Property Office and the estimate of assessing eligibility for registration of trademarks in particular in relation to new types of marks. The third...
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Regulation of advertisements for medical products for human use focused on professionals
Laštůvková, Vlaďka ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
This thesis deals with the regulation of advertising of medicinal products aimed at healthcare professionals. The thesis is focused on a deeper analysis of selected provisions, their critical assessment in light of courts' as well as the State Institute for Drug Control's decisions and proposals of possible improvements of the current status. The aim of this thesis is to explore the scope of the current legislation and to evaluate the regulation of the advertising of medicinal products aimed at healthcare professionals from its sufficiency and appropriateness point of view. The aim is also to suggest possible solutions for improving problematic parts. The introduction briefly describes the two fundamental terms, human medicinal products and advertising, along with basic introduction of the price and reimbursement of medicinal products. The introductory section also identifies reasons for the exclusive regulation of this type of advertising. Basic aspects of the regulation are introduces as well. The following section critically evaluates the term healthcare professional in relation to the status of nurses and patients. This is followed by a summary of the basic European Union's regulation that is reflected by those Czech laws regulating advertising of medicinal products aimed at healthcare...
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