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Enforcement of rights in industrial property
Krušina, Pavel ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Thesis title: Enforcement of rights in industrial property Enforcement of rights in industrial property could reasonably be said to be as one of the most recent legal issues, notably with regard to the increasing number of infringements of this industrial property rights. Individual solutions of protection and enforcement of rights in industrial property are adapted over time in light of new priorities and developments (at international, EU and national level). The fight against counterfeiting cannot be dealt with only at a national area level. That was the reason why Directive 2004/48/EC of the European parliament and of the council on the enforcement of intellectual property rights was therefore adopted. This thesis deals with issues of enforcement of rights in industrial property and is divided into three main chapters. Firstly, it was necessary to examine issues of intellectual property rights in general terms and interpret the principal definitions regarding these rights. Secondly, a full picture of legislation at the international and national level and at the level of the EU was described, with regard to the relevant aspects related to the enforcement of rights in industrial property. Thirdly, the specific field of private enforcement of industrial property rights - Law No. 221/2006 Coll.,...
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Marketing harassment as the facts of unfair competition
Opitzová, Nika ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
MARKETING HARASSMENT AS THE FACTS OF UNFAIR COMPETITION Abstract This master's thesis titled "Marketing harassment as the facts of unfair competition" focuses on the legal regulation of marketing harassment, which was introduced by Act No. 89/2012 Sb, Civil Code. This Act lays out what is considered the statutory facts of unfair competition. These particular facts concern the phenomenon of unsolicited advertising that is unprecedently common in present-day society. The establishment of the institute of "marketing harassment" in the new Czech Civil Code can be considered a positive measure taking into account that its purpose is to protect the privacy of a legal entity. However, the very formulation of marketing harassment in the abovementioned Act can hardly be judged as a distinctively positive one. The objective of this thesis is not only a detailed analysis of marketing harassment itself and evaluation of its positives and negatives, but also a comparison with the regulation of similar issues found in other regulations as well as self-governing regulations (specifically in the Code of Advertising). The attempt to outline possible changes in these facts in terms of de lege ferenda is an integral part of this thesis. The thesis is divided into five chapters. The first chapter contains a brief overview of...
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The Law of State Aid Focusing on Steel Industry
Kuthanová, Blažena ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
The Law of State Aid Focusing on Steel Industry Abstract The law of state aid is one of the fundamental pillars of the competition law. The task of this branch of law is to ensure healthy competitive environment. State interferences with the economy may, however, create unequal conditions between the competition on the market. It is therefore necessary to ensure and enforce strict regulation of state aid by law. The first part of the thesis focuses on explaining the concept of State aid under Article 107 of the Treaty on Functioning of the European Union in accordance with the case law of the Court of Justice of the European Union. Prohibited State aid is granted by State or through state resources, directly or indirectly. In addition, the measure must be attributable to the State and selectively favor only certain sectors. State does not act as reasonable private investor when providing the aid, and is not aimed at maximizing profits but at supporting the undertaking. Lastly, the aid distorts, or has the ability to distort, competition which adversely affects trade between Member State. If the notified or planned measure appear cumulatively, such aid is prohibited and may not be granted. However, the prohibition on providing State aid is not absolute though. The thesis also deals with exemptions from the...
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Abuse of Dominant Position in the ICT Sector: A European Perspective
Malkovský, Michal ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Abuse of Dominant Position in the ICT Sector: A European Perspective Abstract The concept of abuse of dominant position refers to business practices in which a dominant market player may engage in order to maintain or strengthen its position in the market, and are prohibited under Article 102 of the Treaty on the Functioning of the European Union. This master's thesis provides insight into theory and decisional practice of abuse of dominant position within the EU with particular focus on the area of information and communication technologies (ICT). The ICT industry belongs among the fastest developing, with many new powerful market players emerging, often creating entirely new markets for themselves. This is where a potential risk for an abuse of dominance occurs and why many of the breakthrough cases in the previous years have been related to this sector. Since not only their products but also their business models are innovative, the competition policy must advance accordingly. This thesis firstly introduces the economic background and the policy objectives of contemporary EU competition rules. It is followed by a step-by-step examination of the assessment on the position of the investigated firm in the relevant market and the legality of the practice in question. Highlighted are the aspects which have...
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Non-conventional signs and trade marks
Uhrinová, Zuzana ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
(Eng) The submitted master's thesis discusses non-conventional signs and trade marks, which have grown in significance, especially from the perspective of marketing, traders and law, as was demonstrated by the recent amendments of the European trade mark law. The main aim of this thesis is to identify the particularities of non-conventional signs and obstacles to their registration from the perspective of the selected jurisdictions and consequently, to evaluate the reasons and justifications of the countries' approach. After a historical overview of trade mark functions and the development of law in the studied jurisdictions, the thesis is concerned with outlining the theoretical legal basis of trade mark protection in the European Union, Canada, Australia and the United States of America. The main focus of the thesis lies in the specific effects of the law on the individual types of non-conventional signs and trade marks, with a particular emphasis on the decisions of offices and courts, especially the Court of Justice of the European Union. The analysis includes sounds, scents, shapes and colours, as well as motion marks, holograms, position marks and tactile signs. The main part of the thesis is subdivided into several sections in order to grasp the particularities and singularities of each type...
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New Regulation of Private Law Enforcement of Compensation for Damage Caused by Anti-competitive Behaviour
Petráková, Lenka ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
This paper deals with the problematics of private enforcement with main focus on the legislation comprised in the act no. 262/2017 col. on Compensation of Damages in the Area of Competition Law in the context of the evolution of the approach of the European Union and the Czech Republic towards private enforcement. The aim of this paper is to evaluate the impact of the new law on legal status of persons, who have suffered harm caused by competition law infringement, when claiming for compensation for his or hers loss. The author of the paper critically evaluates the way the European law was transposed into the Czech legal environment and its real impact on the legal relationships in the area of private enforcement of competition law. The author examines in detail the newly established framework of limitation periods which differs significantly from those of the general civil law both before and after its recodification. The Act on Compensation of Damages in the Area of Competition Law does not comprise transitional provisions concerning limitation periods. Therefore the intertemporal conflicts of the new act with other civil law acts are dealt with in depth. Consequently the area of compensation for loss is discussed. Within this area the author analyses the problematics of presumption of existence...
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Enforcement of rights in industrial property
Krušina, Pavel ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
Thesis title: Enforcement of rights in industrial property This thesis deals with issues of enforcement of rights in industrial property and its aim is, first, to provide a full picture of means to enforce intellectual property rights (with particular emphasis on current legislation) and, second, to analyze the Law No. 221/2006 Coll., on the enforcement of industrial property rights in more detail with jurisprudence and scientific literature. The first method of this thesis, which was chosen, is a scientific description which allows mapping single areas of enforcement of rights in industrial property. The second method, which was chosen, is an analytical method which allows examining the Law on the enforcement of industrial property rights. This thesis is structured into five single chapters, which are themselves broken down into subchapters, sections and subsections. First chapter examines issues of intellectual property rights in general terms and interprets the principal definitions regarding these rights. Second chapter is dedicated to a full picture of legislation at the international and national level and at the level of the EU. Third chapter deals with the different areas of public enforcement of industrial property rights. Fourth chapter deals with the different areas of private...
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Shares as securities
Škodová, Magdalena ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
This Master's degree thesis focuses on shares from in the context of provision of stock law in the context of provision on securities or book-entry securities under civil law. In the first part the quality of connection of the right and the list is analyzed including situations when the shareholder's right can exist independently of the security list. Also the definition of securities is reviewed which apply to shares only with certain reservation described here. The functions and the most important features of shares, such as the substitutability and tradability of shares on a regulated market, are also discussed. The thesis further reflects the fact that the share can also be issued as a book-entry security, the regulation of which has been separated from the category of securities and therefore forms a separate category. The last alternative is the share in the form of an immobilized security whose character is based on the adjustment of the securities as the share's list is preserved, as well as the book-entry securities through registration in the register. The second part analyzes registered shares and bearer shares. These forms of shares are distinguished by their requisites, but also by the extent of the limitations that are set out in these forms. Above all, it is a ban on bearer shares in...
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Compulsory passage of participating securities
Bešťáková, Lenka ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Zusammenfassung: Ausschluss von Minderheiten (Zwangsübergang von Beteiligungswertpapieren) Diese Arbeit befasst sich mit dem Recht auf einen nachträglichen Ausgleich bei dem Zwangsübergang von Beteiligungswertpapieren, das eine der Grundvoraussetzungen der Verfassungsmäßigkeit des Ausschlusses von Minderheiten darstellt. Die gerichtliche Nachprüfung der den verdrängten Inhabern bezahlten Abfindung sowie der Ablauf der Bezahlung des nachträglichen Ausgleichs werden in dem Text der Arbeit ausführlich erörtert. Ziel dieser Arbeit ist es, die umstrittenen und unklaren Bestimmungen der wirksamen Regelung des Rechts auf einen nachträglichen Ausgleich aufzuzeigen, mögliche Auslegungen solcher Bestimmungen darzulegen und aus diesen die geeignetste Auslegung zu wählen. Diese Auslegung wird dann mit den zur Regelung des Ausschlusses im Handelsgesetzbuch verfassten Schlussfolgerungen der Rechtsprechung verglichen um zu beurteilen, ob diese Schlussfolgerungen der Rechtsprechung auch nach dem 01. 01. 2014 weiterhin gelten. In dieser Arbeit wird die Bedeutung des Rechts auf einen nachträglichen Ausgleich sowie die allgemeinen Aspekte der Geltendmachung dieses Rechts erklärt. Das gerichtliche Verfahren und die außengerichtliche Vereinbarung das nachträgliche Ausgleich wird ausführlich erörtert. Der Ablauf der Bezahlung...
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Public law instruments to penalise the delict of restriction of competition
Pobříslo, Matouš ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Thesis title: Public law instruments to penalise the delict of restriction of competition. This paper deals with issue of public law instruments to penalise delicts of restriction of competition in its strict sense Act No. 143/2001 Coll., Act on the Protection of Competition. The goal was to describe and evaluate the procedure for imposing sanctions, with regard on problematic institutes, and to analyze changes related to reform of administrative penalisation. This paper deals with both instruments of administrative law and criminal law. The diploma thesis is divided into seven chapters and the introduction and the conclusion. The first chapter defines the concepts of competition, competition law and its enforcement, with a focus on public enforcement of competition law. The second and third chapters deal with sanction proceedings in competition-law cases and its differences from general regulation. In particular, it describes the procedure of penalisation with attention to new procedural legislation. The fourth and fifth chapters contain a description of the particular offenses and penalties imposed for their violation. The largest part is devoted to the determination of the specific amount of the fine and the specifics of imposing fines on public authorities. The sixth chapter deals with...
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