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Exhaustion of rights in the copyright, especially in relation to the computer programs
Suchomel, Jakub ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The purpose of this thesis is to provide an overview of the development, concept and rules of the exhaustion doctrine on the international and EU level. The issue of the exhaustion doctrine and its application in a digital age became topical after the unexpected judgement of the CJEU in case UsedSoft v Oracle, in which was for the first time broken the conventional link between the exhaustion doctrine and the distribution of works in a tangible form. Although this decision has been widely criticized by legal experts, some thoughts of CJEU highlight imperfection of current legal regulation in a context of an internet age. The first chapter defines basic terms the intellectual property and the copyright including its historical evolution. The second chapter describes the origins of the exhaustion doctrine in the judicature of the national courts as a clue for balancing ownership and intellectual property rights. The extensive third chapter deals with formation of the exhaustion doctrine in judicature of the CJEU. Concrete cases are used to describe basic elements of the exhaustion doctrine. In the fourth chapter is a brief overview of the legal regulation concerning the exhaustion of copyright on the international, EU and Czech level. The next chapter describes an adaptation of the copyright to...
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Legal Protecion of Artistic Performance
Leška, Rudolf ; Kříž, Jan (advisor) ; Dobřichovský, Tomáš (referee) ; Srstka, Jiří (referee)
The thesis outlines the law of performers' rights, including its historical and theoretical background, relation to other areas of law, explanation of moral and economic rights of performers, problems of contractual law and issues related to the enforcement of rights. The core of the thesis lies in analyses of the terminology of artistic performances (including the performances of variety and circus artists) and the notion of a performer, the borders between protected and unprotected performances and the relation to a work of art, as well as in practical issues related to the collectively delivered performances by the members of an ensemble and their representation by a so-called joint representative. The thesis focuses on those aspects which are specific to performers or which cause particular difficulties in practical application; in these cases, the author offers his own solutions.
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Suplementary protection certificates for Medicinal Products
Eignerová, Barbara ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Resume - Supplementary Protection Certificates for Medicinal Products Nowadays, the pharmaceutical industry plays an important role in the world's economy and the pharmaceutical research has a decisive impact on the continuing improvement in public health. The system of patent law is of cardinal significance to the industry because it confers monopolies, for a limited period of time, on using innovations and provides a crucial incentive for basic research activities. Innovative companies require the guaranteed period of market exclusivity afforded by patents in order to sustain drug prices, recoup research and development expenditures and finance the development of new products. Although the availability of a patent protection for chemical and pharmaceutical products has, from a historical perspective, only been reaffirmed in the near past, it has been widely accepted as a global standard mainly through the provisions of the WTO's TRIPS agreement. On the other hand, despite the existence of various international treaties harmonising patent laws, patents have to date in their effects remained strictly limited to individual jurisdictions. Closely bound to the patent system itself are the means of the so-called off-patent protection - supplementary protection certificates and the others, for example market...
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Copyright protection of visual arts
Zajíčková, Zuzana ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Fine Arts and other types of Visual Arts Copyright This dissertation deals with copyright law with a special focus on fine art and modern forms of contemporary visual art. The introduction describes in brief the copyright, especially its inclusion in the law system, the definition of basic principles and sources of law. Further it concentrates on personal and property authors' rights in its specific forms. The next chapter deals thoroughly with the legal definition of fine art, including both its traditional and modern forms. The following part summarizes the means of legal protection of fine art, by both private and public actions. The fifth chapter presents a legal and philosophical reflection on the protection of art in public space, street art and graffiti, the unique art forms that come often into conflict with the third parties' rights. The sixth chapter is a follow-up to the previous and addresses the legal regulation of urban art (street art and graffiti) in France. The seventh chapter analyses the well-known cases related to copyright disputes in Czech legal environment. The next part is focused on copyright and its concept in France, the historical and philosophical context, the definition of copyright and the obligatory conditions of protection. This chapter also contains a...
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Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
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Topical issues of EU copyright law: transformation of law in the information society
Mudra, Tomáš ; Svoboda, Pavel (advisor) ; Dobřichovský, Tomáš (referee)
Title of the thesis: Current issues of the copyright of the EU: transformation of the copyright in the information society The aim of this master's thesis is to analyse the current issues of the copyright of the EU and identify possible future trends, which should find their way to the upcoming third wave of harmonisation by European Commission. Therefore the master's thesis is based on the analysis of the issues identified for the revision of European copyright by European Commission itself in the recent public consultation. The issues were analysed in three steps to attend the aim. Firstly, the scope of identified issues for revision of the law is analysed. It was assumed, that the issues presented by Commission are requesting legislative action because of the lack of applicable solutions or due to high rate of legal uncertainty. Secondly, the current state of European copyright in issues was tested for striking the fair balance of stakeholder in the light of the utilitarian theory of copyright. Based on the previous two steps, possible future trends recommendable for the revision of the European Copyright were identified. Therefore, the main aim of the master's thesis was achieved successfully. Mostly due to still existing juridical solutions, the original premise about the scope of issues being...
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Possibilities of legal protection of martial arts and self defence systems
Hruška, Vít ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
POSSIBILITIES OF LEGAL PROTECTION OF MARTIAL ARTS AND SELF DEFENCE SYSTEMS ABSTRACT This thesis has two, resp. three goals. First of them is attempt to improve knowledge about disciplines of martial systems which I believe could help to prevent many misunderstandings about purposes of those disciplines. For that reason I divided martial systems in three categories (disciplines), which conforms with categorization that slowly rises among professional public. Those categories are: martial arts, fighting sports and self-defence systems. There is also a brief summary and history of two of these disciplines. Second, or second and third goal of my thesis was an exploration and introduction of possibilities of legal protection not only of martial arts but also of self-defence systems. The main emphasis is on copyright of martial arts, which is described in great detail. Legal protection of martial arts in relation to industrial law is also briefly described. Self-defence systems are examined in the same way as martial arts are. This means that first I try to describe copyright protection and than protection in the sense of industrial law.
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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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Non-contractual legal institutions of the use of copyrighted work
Strnad, Ondřej ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis provides an overview of extra-contractual legal institutions of the use of copyrighted work. The main emphasis is on the institution of free use and related topic of private copying and fair compensation. Statutory licenses, both chargeable and free of charge, are not omitted. The thesis is divided into three chapters. Brief introduction is followed by chapter providing definition of the fundamental terms of copyright from the perspective of Czech copyright law. The second chapter contains summary of sources of copyright law. Czech law, as well as European and international law is included. The third chapter contains crutial part of the thesis, the analysis of the extra-contractual legal institutions of the use of copyrighted work. After brief comment on free works follows analysis of the Three-Step Test, which is of great significance for all examined legal institutions. Relevant case law - WTO Panel report WT/DS160/R - is examined and the Max Planck Institute's Declaration on a balanced Interpretation of the Three-Step Test is also considered. Subsequent subchapters are dedicated to the institutions of free use and private copying under both, Czech and European copyright law. The thesis also includes comparative analysis of the level of the private Copying levies in the EU, based on...
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