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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy
Szpyrc, Daniel ; Dobřichovský, Tomáš (referee)
The thesis titled "The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy" deals with both, the protection of copyright and the scope of liability of various actors in the Internet environment. The content of the thesis is divided into four chapters, which allows the reader to be gradually acquainted with the whole issue. The first part briefly mentions development of the Internet network and its incorporation into the Czech legal order. The second chapter is devoted to the copyright protection in the Internet environment. Its content focuses on the most common methods of use of the author's work via the Internet, which is a reproduction of the work and its publication. This chapter further describes the development and operation of data sharing through peer-to-peer systems. Furthermore, it also deals with the issue of downloading of the work and application of the statutory exemption from liability for personal use only. The scope of liability in the Internet environment is largely harmonized by European provisions. For this reason, the third chapter contains the development phase of liability of the Internet services providers in the European countries. The first part of the third chapter demonstrates different approaches to the...
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Professional Responsibility of Auditors and Tax Advisors
Dohnálek, Pavel ; Molín, Jan (advisor) ; Králíček, Vladimír (referee)
The primary objective of this diploma thesis, which focuses on the professional responsibility of auditors and tax advisors, is to provide a comprehensive view of this issue. The diploma thesis is divided into six parts. The first chapter describes general responsibility with an emphasis on professional responsibility. The second and third parts are devoted to the profession of auditors. The second chapter describes the profession of external and internal auditors in detail, and the third chapter deals with their professional responsibility, broken down into a moral and legal level of responsibility. The fourth and fifth chapters are devoted to the profession of tax consultancy, which is discussed in detail, followed by a part devoted to the professional responsibility of tax advisers. The last part of the thesis compares the professional responsibilities of the professions of auditors and tax advisors.
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Szpyrc, Daniel ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The thesis titled "The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy" deals with both, the protection of copyright and the scope of liability of various actors in the Internet environment. The content of the thesis is divided into four chapters, which allows the reader to be gradually acquainted with the whole issue. The first part briefly mentions development of the Internet network and its incorporation into the Czech legal order. The second chapter is devoted to the copyright protection in the Internet environment. Its content focuses on the most common methods of use of the author's work via the Internet, which is a reproduction of the work and its publication. This chapter further describes the development and operation of data sharing through peer-to-peer systems. Furthermore, it also deals with the issue of downloading of the work and application of the statutory exemption from liability for personal use only. The scope of liability in the Internet environment is largely harmonized by European provisions. For this reason, the third chapter contains the development phase of liability of the Internet services providers in the European countries. The first part of the third chapter demonstrates different approaches to the...
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The Czech Republic as a party to the proceedings for the failure to fulfill an obligation resulting from EU Treaties
Kučera, Václav ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
The aim of this diploma thesis is partly a reflection on the history and current form of the institute of infringement proceedings and in particular the analysis of the Czech Republic's participation in this type of procedure since its entry into the European Union. Proceedings for failure to fulfill an obligation is introduced as the main sanction- control mechanism under EU law, the purpose of which is to ensure that Member States comply with the obligations they adopted in connection with accession to the EU and that union norms have full effect. At the beginning is outlined the historical development of the infringement proceedings, i.e. on what purpose and in which way was this control mechanism initially incorporated into the primary law of the European Community, how its parameters gradually changed and whit what kind of proposals are currently mentioned in order to ensure the maximum efficiency of the procedure. Thesis emphasizes on a detailed introduction and evaluation of all aspects of procedure. Particular chapters are devoted to the question of object to the proceedings, legal entities and their rights during the proceedings, the system of sanctions and the effects of the European Court's decisions in the case. Control and discretion power is in infringement proceedings exercised by...
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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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The Financial Criminality
Ředinová, Romana ; Skálová, Jana (advisor) ; Molín, Jan (referee)
This bachelor thesis The Financial Criminality deals with the infringement of accounting entities including the most frequent administrative offences and also the most serious criminal delicts. There is an outline of using up to three laws during the imposing the fine and there is also description of the concept of Creative accounting in connection with manipulation with the financial statements in order to increase company´s rating. According to the most serious infringements there is interpretation of terms, criminal acts and judgements of the Supreme Court of the Czech Republic. The final chapter focuses on the Code of Ethics of professional accountants.
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Current legal issues of copyright infringement of musical works
Kubešová, Eliška ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
This diploma thesis identifies the most important changes in legislation and submitted proposals in the area of copyright between years 2012 and 2013 and in the beginning of 2014 in the Czech Republic, the EU and the USA. These changes are evaluated from a legislative point of view and also from the point of view of a music consumer. For thorough understanding, the thesis contains also an overview of the current Czech legislation of copyright. Furthermore, it evaluates the current situation in a broader context of law, history, technology, culture and consumer behaviour and defines it as opposed to previous periods. It describes the history of music piracy and its current situation and features some of the most important cases of copyright enforcement of the period 2012 to 2014. The thesis contains also a research performed in the Czech Republic and Sweden, which describes past and present habits of music listeners. Following the identification of previous development and current trends, the thesis discovers future development and suggests future solutions to the problem of copyright in music.
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Professional resposibility of auditors and accountants
Literová, Hana ; Müllerová, Libuše (advisor) ; Černý, Václav (referee)
This master thesis focuses on the profession of auditors and accountants and aims to describe the professional responsibilities of these professions in connection with the infringement. It deals with the basic characteristics of these professions and Czech legislation that affects them. Furthermore, the thesis describes the general professional responsibility, defines the types of infringements and more in detail the specific crime offenses related to profession of auditors and accountants. The work also includes analysis of several law cases and real events concerning the responsibility of auditors or accountants.
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Freedom Restraint as an Extreme Life Experience {--} Feelings of Detainees and Arrestees
VOTRUBA, Martin
Freedom restraints represent a significant intervention into the rights and freedom of each person.Freedom restraint by placing someone into a police cell for several hours is frequently seen as an extreme life experience. The objective of the research was to map the feelings, perception, mental condition and knowledge of people whose freedom has been restrained. To achieve this objective, a questionnaire survey was used for people placed into a police cell.
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