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Protection of three dimensional trade marks and designs
Čech, Jakub ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Resumé Protection of Three-Dimensional Trade Marks and Designs The aim of this work was to examine the registration requirements of three- dimensional trade marks and designs, to compare the rights and protection conferred by each of these forms of intellectual property and to observe the interaction of trade mark and design when their subject matter is identical or similar. First part of this work focuses on the questions regarding the registration requirements of the three-dimensional trade marks. The work looks closely on what constitutes a sign and which absolute grounds for refusal of registration are mostly employed when dealing with the three-dimensional trade marks. Furthermore this work looks at exclusion of registration of certain types of shapes, on the requirement of good faith when applying for trade mark registration and briefly at the average consumer. The landmark cases cited in this part of the work are Dyson v Registrar of Trade Marks, Philips v Remington, Henkel v OHIM, Lego v OHIM and Lindt v Franz Hauswirth. Second part of this work looks at the definition of design and its relationship to product itself. It also looks at the background of design protection and closely at the registration requirements of designs, namely the novelty requirement, the individual character and exclusion of...
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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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Private-law aspects of public-law protection in the area of trade marks
Stehlík, Martin ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
The aim of this thesis is to evaluate from a legal point of view private part of the Czech trademark law. I focused in particular on the section related to distinguishing of a trademark and trademark law in trade relations. This work is based on decisions regarding the rights to trademarks, including judgments of the European Court of Justice. The Czech administrative and judicial authorities are obliged to respect these decisions since our accession to the European Union.
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The domain names and its protection with aspect to the trade mark
Chalupová, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
One of the legal issues, which brought by the development of information and communication technologies, is also the issue of domain names. With the development of the Internet, many human activities moved into the electronic world, including business activities. Presentation of the business through a website has become an indispensable means of competition. Domain names became a significant asset with regard to its secondary function. Therefore it was necessary to provide legal protection for domain names.Legal system of the Czech Republic does not contain specific legal act of domain names. This thesis deals with the issue of domain names. The object of this thesis is the definition of a domain name from a legal terms, the rights to domain names and registration of domain names. This thesis is limited to domain names, which are registrated in ccTLD .cz. The second part discusses the relationship between domain names and trademarks. In relation to the trademark rights the domain name has dual status. Registration of a sign as a domain name can occur the rights of trademarks. The trademark is one of the most effective means of protection for domain names. It is possible providing protection of domain names with registration in the register of trademarks.The owner of the domain name then has the same rights...
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Protection of the Creative work in the field of Industrial Property.
Plesník, Zdeněk ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Resume In my work I am describing and analyzing a wide range of legislation governing the creative work in the field of industrial property. It is clear that this course of economic life enjoyed wide attention not only in the domestic law, as well as transnational law, both in the context of global and European law. As follows from the introductory chapters, although industrial property rights is an integral and important part of the economic life of almost every business, there is no consensus among experts in public opinion, which issues are part of an industrial property and which are not. To a large extent, these discrepancies are caused by lack of legal definition of industrial property. Although this concept is logical in the sense that it does not intend to circumscribe the de lege lata industrial property in order to prevent accidental closure of the legal concept for the future. But on the other hand, in some cases complicates the interpretation of legal provisions in force, which leaves the blurred boundaries of industrial property and the dual perceptions of the concept. It thus contributes to legal uncertainty, for example, the enforcement of intellectual property when it is not clear how the broad range of subjects of industrial property is Act No. 221/2006 Sb. On the enforcement of...
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Trade mark law and the issues of parallel imports under Czech law
Saranová, Daniela ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The thesis focuses on the concept of parallel imports in the Czech law in light of the judicature of the European Court of Justice. In the first part of the thesis, after a brief introduction to the Czech trademark law, the thesis seeks to define the individual competencies of trademark owners and their restrictions, with an emphasis on the concept of exhaustion of the rights towards the trademark. The second part of the thesis focuses exclusively on the concept of parallel imports within the European Union and the European Economic Area and their impact on the internal market. The issue of exhaustion of the ownerʼs rights towards the trademark, being closely related to parallel imports and without which parallel imports as such could not exist, represent a key part of the European Court of Justiceʼs rulings. The analysis of the rulings conducted in the thesis demonstrates that the possibilities of trademark owners to inhibit parallel imports are significantly limited and that the European Court of Justice tends to assign greater importance to protecting the internal market than to protecting the subjective rights of the trademark owners.
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