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Trademark registrability
Tkadlec, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The purpose of this thesis, entitled Trademark registrability, is to provide a general overview of otherwise extensive issue of trademark registrability, in particular the legal regulation contained in the Trademarks Act after the entry into force of the Big novelization Trademarks Act. This thesis consists of eleven chapters in total, with each chapter focusing on a different aspect of trademark law in relation to the topic of the thesis. The content of the first chapter is an introduction to the historical development of trademark law from the period of the emergence of civilisations to the modern concept of trademarks as we know it today and the integration of this institution into the intellectual property rights of which it is a part. The second chapter deals with the very concept of trademark, in particular what a tradmark is and what kind of sign is eligible to be a trademark, or what requirements are placed for such signs. The chapter further divides trademarks into two main categories, the traditional trademarks, which are trademarks capable of graphical representation, and non-traditional trademarks, where the requirement of graphical representation has been waived. The third chapter describes conditions under which the registration protection is granted to trademarks in Czech Republic in...
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Legal Protection of a Computer Program
Korčák, Václav ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Computer programs make up a large part of assets of modern companies. Therefore, legal protection of computer programs is of great importance for supporting the creation and development of start-ups and technology companies in the Czech Republic. The legislator must take into account the special nature of computer programs and balance the interests of all actors. The aim of this thesis is to analyse the current state of legal regulations of computer programs in the Czech Republic, in particular copyright and patent protection. Furthermore, the thesis describes other valid methods of legal protection of computer programs (unfair competition, administrative law, criminal law) and influential alternative forms of protection that have emerged as a solution to the problem of the special nature of computer programs (WIPO sui generis protection, model software petite patent, Manifesto model, utility model). At the end of the analytical part, the thesis points out the types of computer programs that differ in some essential features (artificial intelligence, computer game, website). The synthetic part compares and comments on the various forms of legal protection of computer programs in force and alternative forms in terms of applicability under the Czech legal system, duration of protection, subject...
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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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Patent, protection of originality or limitation of the competition ?
Kodad, Jiří ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
This master's thesis deals mainly with the interface between patent law and competition law. The main objective is to provide the reader with a complex patent law overview and explanation of basic concepts related to intellectual property law, with a pivotal focus on patent law. In order to do so, author examines how national legislation contained primarily in Act no. 527/1990 Coll., On Inventions and Rationalization Proposals, as amended works and then analyzes Paris Convention and other treaties, which still remain to be the cornerstone of the international law. After introduction to a patent protection there are examined three of the most significant patent systems in the world - European Union, United States of America and Japan and their respective approaches to patent protection. In addition to exploring limits of a patent rights protection, there are explained doctrines relating to intellectual property rights, with closer attention to patents. Another objective of the work is the analysis of patent law's interface with the competition law. As part of this examination there is paid attention mainly to the abuse of a dominant position through the exercise of patent rights, essential facilities doctrine and FRAND licensing. In conclusion, the author tries to critically assess what the current problems...
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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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International licensing contracts
Gardlíková, Monika ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The goal of this thesis is to analyze international license contract institute, the function and the position it occupies in the sphere of international business with incorporeal goods and legal regime which it, on the level of the Czech rule of law and European Union law, is subject to. The thesis consists of four parts. The first part focuses on the institute of contractual license in general. It outlines its conception and basic definitional framework. It reflects the function and the position which the institute of license contract occupies in the Czech rule of law as well as its shift within the framework of Czech private law recodification. It presents diverse typology of contractual license and in the process it thoroughly focuses on its modifications, respectively on marginal agreement models such as franchise agreement and know how agreement. The second part of the thesis continues with text dedicated to the institute of license contract with international element. It presents its general classification and it also analyzes sources of its modification. The third part of the thesis treats legal regime which the international license contract is subject to, and the focal point of the text lies in the union modification included in the Rome Convention and in Regulation Rome I. The problem is discussed...
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Selected topics from climate change law with a focus on the transfer of technologies
Vrbová, Zuzana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The first chapter of this thesis discusses the recent development of climate change law. It explores the reason as to why it is at the centre of a global debate, which is predominantly due the increasingly pronounced consequences of climatic changes on human society and the environment. Furthermore, it describes the most important requirements in tackling the issues presented by international climate change treaties. This includes the United Nations Framework Convention on Climate Change, acting as a base for the whole international climate change regime, the Kyoto Protocol as a legal tool with specified emission targets and most recently, the Paris Agreement, which serves as an independent international treaty however is still under the guidance of the framework convention. The author predicts that the Paris Agreement will determine the future direction of this legal field and therefore puts particular focus on this treaty in the first chapter of the thesis. The paper aims to uncover its weaknesses - questioning the enforceability of some of the measures that rely on the autonomy of states to implement and the lack of ambition in some of its targets. The second chapter expands on one of the key issues related to the main topic. The author emphasizes how the importance of environmentally friendly...
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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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Patent, protection of originality or limitation of the competition ?
Kodad, Jiří ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
This master's thesis deals mainly with the interface between patent law and competition law. The main objective is to provide the reader with a complex patent law overview and explanation of basic concepts related to intellectual property law, with a pivotal focus on patent law. In order to do so, author examines how national legislation contained primarily in Act no. 527/1990 Coll., On Inventions and Rationalization Proposals, as amended works and then analyzes Paris Convention and other treaties, which still remain to be the cornerstone of the international law. After introduction to a patent protection there are examined three of the most significant patent systems in the world - European Union, United States of America and Japan and their respective approaches to patent protection. In addition to exploring limits of a patent rights protection, there are explained doctrines relating to intellectual property rights, with closer attention to patents. Another objective of the work is the analysis of patent law's interface with the competition law. As part of this examination there is paid attention mainly to the abuse of a dominant position through the exercise of patent rights, essential facilities doctrine and FRAND licensing. In conclusion, the author tries to critically assess what the current problems...
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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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