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The Evolution and the Limits of the Copyright Protection in the Global Information Society
Andruško, Alena ; Kříž, Jan (advisor) ; Dobřichovský, Tomáš (referee) ; Pítra, Vladimír (referee)
CHARLES UNIVERSITY IN PRAGUE Faculty of Law Institute of Copyright, Industrial Property Rights and Competition Law DOCTORAL DISSERTATION The Evolution and the Limits of the Copyright Protection in the Global Information Society ABSTRACT Author: Mgr. Alena Andruško Supervisor: Prof. JUDr. Dr. iur. h. c. Jan Kříž, CSc. Field of Study: Civil Law Theoretical Legal Science Year: 2015 ABSTRACT Copyright law is one of the branches of law that has become, with the development of the Internet, the center of interest for different types of stakeholders in the global information society. With the evolution of "Web 2.0", sometimes called the "Participative Web", represented by user-generated content (UGC), and also with the evolution of peer-to-peer (P2P) file sharing and recently cyberlockers, the effectiveness of copyright protection online has become a problem where solutions can be found only with difficulty. Online copyright infringement is a complex phenomenon with a multiplicity of contributing factors. To see and understand these factors one must not only know and understand the territorial and international legal rules governing copyright, but also know and understand the online ecosystem in which copyright infringement takes place, which is impossible without knowing the history, evolution and technical...
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Likelihood of confusion between trademarks
Kučera, Jakub ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Title: Likelihood of confusion between trademarks Author: Jakub Kučera Department: Institute of Copyright, Industrial Property and Competition Law Supervisor: doc. JUDr. Vladimír Pítra Abstract: This master thesis deals with the likelihood of confusion between trademarks. The aim of this thesis is to analyse various factors, which decisive authority takes into account when assessing the likelihood of confusion between trademarks and due to the extensiveness of this issue the thesis focuses only on selected key aspects. The aim of this thesis is also to analyse the case law of the ECJ and the court regarding the likelihood of confusion on basis of which the Czech courts often decide. This thesis is divided into eight chapters, which contains several subchapters. The first chapter deals with current importance of trademarks and also with the term trademark as defined in Trademark Act and in the relevant EU legislation with regard to changes in definition of trademark due to the adoption of Directive of European parliament and Council (EU) 2015/2436 and Regulation of European parliament and Council (EU) 2015/2424. The second chapter deals with the legislation dealing with of likelihood of confusion as to the Czech level and EU level. This chapter also pays attention to various authorities that assess the...
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The European patent
Hlavenková, Pavlína ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
This master thesis deals with the European Patent System. The aim of this thesis is to provide the reader with a complex review of the Patent Law at the european level from its early beginning, when in the 70's was signed the European Patent Convention at the Munich Diplomatic Conference, up to the present. The thesis is systematically divided into five chapters and each chapter also contains several subchapters. The first chapter is dedicated to historical development of the European Patent. In the second chapter there is a brief description of the European Patent Convention and its two most important revisions. The third, most extensive chapter is dedicated to the European Patent Organisation which was founded in 1977 on the legal basis of the European Patent Convention. I deal especially with its two fundamental bodies - the European Patent Office and the Administrative Council. There is also a definition of the term of patentability as it is regulated by European Patent Convention and a characteristic of the European Patent Application. A separate subsection of the third section focuses on the patent granting procedure in front of the European Patent Office. I deal also with the character of the European Patent as such, I try to critically evaluate its biggest deficiencies but also to point...
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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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Specific of patent law in pharmaceutical industry
Volšanský, Petr ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
1 ABSTRACT SPECIFIC OF PATENT LAW IN PHARMACEUTICAL INDUSTRY This thesis scopes on particularities of patent law with regard to pharmaceuticals. It describes the basics of patent law while focusing mainly on international treaties, in particular on systems established by EPC and TRIPS. The patent system in USA and in the Czech Republic is also noted. This thesis is divided into seven chapters. In the first chapter named sources of law international institutions, treaties and situation in European union, USA and Czech Republic are described here. This chapter also deals with basic legal instruments such as patent, corporate invention or utility model. The next chapter is focused on individual conditions that need to be met in order to grant a certain patent - the most basic are novelty, inventive step and industrial applicability. The following chapter deals with problems associated with costly development of new drugs and the need of companies to get the longest possible protection for their inventions. A special chapter addresses exceptions to the stiff patent regulation. Described in the next chapter is the compulsory license, a legal instrument not very particular in the Czech Republic but relevant in some developing countries used in order to secure better availability of drugs to society. Other...
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