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The relationship between rights of designation and unfair competition law
Krása, Jakub ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Relationship between rights of designation and unfair competition law Abstract This diploma thesis discusses the relationship between the rights of designation and the law of unfair competition. The main objective of the thesis is to acquaint its reader with the issue of both systems of protection and to answer the question of whether there is any relationship between them; if so, how to define the established relationship. The topic of this thesis is mainly processed from the perspective of the Czech legal order, but it is also complemented in appropriate cases with the connection to the foreign regulation of selected European states. This thesis is divided into three chapters, which are further divided into subchapters. In the first chapter, the author deals with the rights of designation. First, the group of rights of designation is placed within the system of intellectual property law. Subsequently, a list of specific rights that belong to this group is created, based on the described characteristics. However, the author also points to different opinions of legal theory regarding the content of the term rights of designation, which leads to distinction between the rights of designation in the strict and the broad sense. The following subchapters deal with the issue of trademarks, designations of origin...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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Legal protection of domain names in relation to rights of designation
Řehounek, Dominik ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Legal protection of domain names in relation to rights of designation Abstract The diploma thesis focusing on the legal protection of domains in relation to the rights of designation has an ambition to offer its readers a comprehensive view of this issue. The work is divided into two basic parts, namely technical and legal parts. In the technical part, attention is paid to both the technical background of the domains, the functioning of the domain name system as well as the individual concepts such as the difference between the domain and the domain name. Legal part is divided into two chapters. The first chapter seeks, in particular, to anchor domains within the legal order, while the other deals with their differences with respect to the rights to designations and possible collisions with them. In the first chapter, apart from a bit of history, the technical functioning of domains within the domain name system is described. Emphasis is placed on the hierarchical structure and explanation of the basic principles. The explanation also deals with different types of domains and their differences. The space is also dedicated to the registration process. In the second chapter it deals with the status of domains, respectively domain names within the legal order. It polemize the existence of absolute rights and...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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Legal protection of domains in relation to the right of indication
Karlec, Jan ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Legal protection of domains in relation to the right of indication The subject of this thesis is a legal protection of domain names. Domain names are used as humanly memorable names for Internet and serve as simple address to access websites. Each domain name has to be unique, it is not possible to register two or more identical names. This makes them very valuable and worth of protecting. The registration process of domain names is very simple and cheap, mostly based on the principle "first come, first served". No one has an automatic right to a particular name. This cause many conflicts, because the principles of registration are often abused by domain speculators. However, the domain names are not subject of special legal regulation in the most countries (Czech republic included). The thesis is composed of two parts. The first part is divided in five chapters. Initiative chapters are focused on defining the concept of domain names, their technical aspects, hierarchical structure and types. In this part is also mentioned Internet Corporation for Assigned Names and Numbers (ICANN) and its Uniform Dispute Resolution Policy (UDRP). Further, this part contains a description of the registration process of domain names under the country-code top level domain ".cz" (ccTLD.cz) and the legal aspects of domain...
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Legal protection of domains in relation to the right of indication
Feuerstein, Michael ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
Legal protection of domains in relation to the right of indication The aim of this master thesis is to provide information about the relation between domain names and law, with particular attention paid to rights of indication. The reader will become acquainted with the classification of domain names within the Czech legal system, their possible conflicts with different rights, and procedures which can be used for their protection. The thesis reflects changes caused by the new conception of private law and recent judicial decisions, mainly regarding alternative dispute resolutions. In order to understand this issue, it is also necessary to be familiar with the technical aspects of domain names and the Internet, and therefore this subtopic is included in the thesis as well. The thesis consists of four topical parts. The first one, which is made up of the second and the third chapter, deals with the functioning of the Internet and IP addresses, the registration process of domain names, and their composition, management and main functions. It is followed by the second part, which is represented by the fourth chapter, evaluating the position of domain names in the legal system of the Czech Republic, especially in terms of the question whether domain names are the subject of ownership or not. In this...
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Mezinárodní ochrana práv na označení
Kvapilová, Alžběta ; Jakl, Ladislav (advisor) ; Špindler, Karel (referee)
Diplomová práce shrnuje právní úpravu práv na označení na území České republiky v podmínkách Evropské unie. Blíže je zaměřena na ochranné známky. Konkrétně na srovnání národní ochranné známky, ochranné známky Společenství a mezinárodní ochranné známky. Pozornost je věnována i procesu přihlašování těchto známek.
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Mezinárodní ochrana práv na označení
Doleželová, Alena ; Jakl, Ladislav (advisor) ; Špindler, Karel (referee)
Práce se zabývá mezinárodní ochranou práv k ochranným známkám, označením původu a zeměpisným označením. Práce začíná obecným úvodem do práva duševního a průmyslového vlastnictví. První část práce se věnuje úpravě ochranných známek, označení původu a zeměpisných označení v ČR. Hlavní část práce se zabývá mezinárodním zápisem ochranných známek na základě Madridské dohody o mezinárodním zápisu ochranných známek a Protokolu k této dohodě a dále mezinárodním zápisem označení původu na základě Lisabonské dohody na ochranu označení původu a o jejich mezinárodním zápisu. Dále je popsán i způsob přihlašování ochranných známek do EU a přihlašování označení národní cestou.
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