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Collective administration of copyright and neighbouring and relating rights
Burda, Matěj ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
Collective administration of copyright and neighbouring and relating rights Abstract This thesis relates to the collective administration, the reasons for its existence and development to this day. The purpose of my thesis is to describe rights and responsibilities of collecting societies in respect to other relevant legal persons and to evaluate their function with regards to the criticism among public about its abundance. Furthermore, the thesis analyses the influence of the International law and European law on the aspects of collecting societies in the legislation of the Czech Republic. The author also considers the rulings of both national courts, as well as The Court of Justice of the European Union. The thesis is divided into seven chapters. The first two chapters deal with the development of the collective administration in the world and in the Czech Republic. The third chapter is about the effective law regarding collective administration. The author discusses individual collective societies in the Czech Republic. Together with the description, thesis highlights legal issues respective society had to face. Next chapter features the individual regimes of collective administrated rights. The chapter concludes on rights and responsibilities of societies towards the right holders, rights users and the...
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Hrnčiříková, Klára ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Internet and Copyright - the Scope of Liability of Individual Parties and Ways of Protection against the Piracy Abstract The aim of this thesis is to provide a comprehensive view of selected issues related to the internet, including both the technical and legal view, and copyright, including it`s history within the European continent. The thesis also deals with the liabilitiy of individual parties involved with the emphasis on the liability of the information service providers. This chapter also includes an assessment of existing national and European legislation in the light of settled case law of European courts. In conclusion, the current internet piracy practices are mentioned, including it`s further direction, institutions dealing with anti-piracy activities and reflection on the effective fight against this kind of infringement. The thesis is therefore divided into four chapters dealing with (i) the internet, (ii) copyright, it`s brief history and legal sources, (iii) liability of individual parties involved, and (iv) internet piracy. Key words: copyright, copyright infringment, liability
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Non-contractual legal institutions of the use of copyrighted work
Kalányos, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
- ENGLISH The content of this thesis is aimed towards the interpretation of the so-called non- contractual legal institutions of the use of copyrighted work. These institutions represent such legal tools, that exceptionally allow individuals different from the author to exploit copyrighted work with no dependence on the author's permission or will. The text of the work is divided into four main chapters. For introduction into the matter, the opening part is dedicated to the explanation of the term copyright law, its position in the Czech legal system and the main principles it lies upon. This broad explanation is subsequently followed by definition of its fundamental terms - author's work and its use. The crucial part of the work lies in the fourth chapter, which bears the same title as the work itself. The structure of this chapter follows the organisation of the Czech Copyright Act. After description of the free work, the paper gets to the interpretation of individual exemptions and limitations to copyright, thus the institutes of free use and statutory licences. In relation with the matter of exemptions and limitations to copyright, the work does not forget to deal with their key tool, the Three-Step Test, and its related significant interpretation performed by The Dispute Settlement Body at...
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Media Law in the field of broadcasting
Morgensteinová, Denisa ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
v angličtině Diploma thesis is focused on media law in the area of broadcasting. The sources for the diploma thesis were broadcasting legal frameworks of the Czech Republic and the European Union, available case-law and doctrinal findings. The goal of the diploma thesis is to systematically and analytically describe individual institutes of media law in broadcasting, which in sum compose the legal framework of broadcasting in the Czech Republic. Diploma thesis contains systematic definition of broadcasting mainly from the viewpoint of general media theory, furthermore overview of the legal framework of the broadcasting itself. In the diploma thesis is evaluated the legislation concerning traditional broadcasting media and broadcasting through the internet. Diploma thesis furthermore contains chapter dedicated to regulation of broadcasting and regulatory bodies operating in the Czech Republic. The diploma thesis is concluded with a chapter dedicated to further possible developments in media law in the area of broadcasting mainly due to the proposed changes of individual laws.
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Protection of industrial property and international law.
Vymětal, Václav ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Protection of Industrial Property and International Law Václav Vymětal Abstract The submitted thesis "Protection of Industrial Property and International Law" and deals with the international aspects of the industrial property rights protection. The thesis begins with defining the industrial rights as a term and its relation to the broader area of intellectual property rights. The main international classifications of industrial property rights are introduced along with the basic principles of their international protection. The thesis subsequently approaches the historical introduction to the examined issues beginning in antiquity and progressing until the great industrial revolution of the nineteenth century which has led to the adoption of The Paris Convention for the Protection of Industrial Property. The general provisions of The Paris Convention and The Agreement on Trade-Related Aspects of Intellectual Property Rights are dealt with in a separate chapter, including the historical basis of both treaties, their main principles and contribution to the international protection of intellectual property generally, and industrial property specifically. The following chapter focuses on with the main relevant international organisations, particularly The World Intellectual Property Organization and The World...
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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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Trade marks with reputation with a special view to luxury brands
Krčmárová, Anna ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
This diploma thesis deals with trade marks with reputation materia as a subgroup of trade marks connected with greater protection. First parts of this thesis are dedicated to an introduction to the trade mark law, in particular the inclusion of trade mark law in the legal system, principles governing this branch of law description and especially familiarization with the Czech trade mark law sources through an enumeration of the individual regulations, along with their significance. Parts three and four then are focused on the concept of trade mark with reputation and the specifics analysed also by comparison with the famous trade mark, because these two concepts are united in their development, which is also described. In the fifth part, the concept of luxury brands is described for the purposes of this thesis, where importance of reputation for luxury brands is covered through luxury brands characteristics analysis, and expanded in the context of individual court decisions, not only the European institutions. The final part of this thesis presents selected decisions relating to non-traditional trade marks as they constitute a higher level of protection, even though at different level, and thus they are related to the concept of reputation, especially in the context of trade mark law trends that will be...
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Convergence of Copyright and Trademark Protection
Holub, Lukáš ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangible property. The author also deals with current conception of ownership in Civil Code. Following chapters are based on the principles of civil (continental) law concepts of copyright law and industrial property law established in this part. Subsequently the regulation of copyright protection and trademark protection is discussed in two separate chapters. Those chapters are divided into identical sub-chapters to highlight similarities and differences of both legal institutes. The focus is on subjects of both protections, their beneficiaries, formation, content, duration, means, limitations, international context and the issues of licensing. In the chapter devoted to convergence, various situations which might occur...
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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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