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Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
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Possibilities of legal protection of martial arts and self defence systems
Hruška, Vít ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
POSSIBILITIES OF LEGAL PROTECTION OF MARTIAL ARTS AND SELF DEFENCE SYSTEMS ABSTRACT This thesis has two, resp. three goals. First of them is attempt to improve knowledge about disciplines of martial systems which I believe could help to prevent many misunderstandings about purposes of those disciplines. For that reason I divided martial systems in three categories (disciplines), which conforms with categorization that slowly rises among professional public. Those categories are: martial arts, fighting sports and self-defence systems. There is also a brief summary and history of two of these disciplines. Second, or second and third goal of my thesis was an exploration and introduction of possibilities of legal protection not only of martial arts but also of self-defence systems. The main emphasis is on copyright of martial arts, which is described in great detail. Legal protection of martial arts in relation to industrial law is also briefly described. Self-defence systems are examined in the same way as martial arts are. This means that first I try to describe copyright protection and than protection in the sense of industrial law.
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Non-contractual legal institutions of the use of copyrighted work
Strnad, Ondřej ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis provides an overview of extra-contractual legal institutions of the use of copyrighted work. The main emphasis is on the institution of free use and related topic of private copying and fair compensation. Statutory licenses, both chargeable and free of charge, are not omitted. The thesis is divided into three chapters. Brief introduction is followed by chapter providing definition of the fundamental terms of copyright from the perspective of Czech copyright law. The second chapter contains summary of sources of copyright law. Czech law, as well as European and international law is included. The third chapter contains crutial part of the thesis, the analysis of the extra-contractual legal institutions of the use of copyrighted work. After brief comment on free works follows analysis of the Three-Step Test, which is of great significance for all examined legal institutions. Relevant case law - WTO Panel report WT/DS160/R - is examined and the Max Planck Institute's Declaration on a balanced Interpretation of the Three-Step Test is also considered. Subsequent subchapters are dedicated to the institutions of free use and private copying under both, Czech and European copyright law. The thesis also includes comparative analysis of the level of the private Copying levies in the EU, based on...
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Trade mark law and the issues of parallel imports under Czech law
Fišerová, Eva ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Wild, Richard ; Žikovská, Petra (advisor) ; Křesťanová, Veronika (referee)
The main purpose of the graduation thesis is the analysis and evaluation of copyright legislation in relation to the responsibility of individual parties for its violation within the Internet. The thesis also contains an overview of formal legal resources of copyright law and also the legislation governing the information society. The problem of responsibility is also introduced in the light of selected case law, because due to not very detailed legislation in this area of law, the jurisprudence plays a very significant role. From my perspective the reason why I have chosen the topic "Internet and Copyright - the scope of liability of individual parties and modes of protection against piracy " for graduation thesis was definitely the topicality of the issue and the severity of the problem related to differences in interpretation in the context of case law. Last but not least it was the dynamic legislative development in this branch of law which attracted my attention. The thesis is divided into five chapters which are further divided into subchapters. In the first chapter it is discussed the phenomenon of the Internet, while the emphasis is primarily on general and legal definition of the Internet and other terminology. A certain part of this chapter also focuses its development and its...
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The use of a trade marks as a key words for searching in Internet
Vaňková, Zuzana ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Use of trade marks as internet search engine keywords Main purpose of my thesis is a comprehensive analysis of the issue of trade mark use as internet search engine keywords in relation to displaying advertisements on the internet search engine's websites, mostly from the point of view of the European Union law. However, I briefly address also legislation and jurisdiction in the USA. I chose the topic of my thesis mostly because it is one of the most discussed issues in the field of trade marks in the last few years, not only thanks to its significant economic importance, but also because of the challenge which this issue brought to the law practice. This completely new form of trade mark use was not anticipated by applicable law and it caused many debates regarding basic principles of trade mark protection. The thesis is composed of eight chapters. The first chapter is an introduction. Chapter two provides basic insight into the issue of keywords. The system of internet search engine functioning and keyword advertising is introduced. This chapter also addresses the economic importance of keyword advertising and possible conflicts that may arise when trade marks are used as keywords. Chapter three analyses trade mark legislation with focus on Community trade marks. The scope of rights of trade mark...
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Protection of industrial property and international law.
Potecká, Patrícia ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Resumé - English language The topic of this thesis is the protection of industrial property and international law. The aim of the thesis is to provide an overview of the international treaties governing the law of intellectual property. The focus of the thesis also includes the current issues within this area of law. The introduction focuses on current dynamic development of the society and technology and the need for flexible legal framework in relation to protection of the industrial property, capable of addressing such dynamic development and changes. The first chapter includes definitions of terms concerning intellectual and industrial property, brief history and the philosophical origins of intellectual property. The second chapter describes important international organizations active in the area of industrial property and their mutual relations. This chapter also describes more in detail the two historically most important international documents - Paris Convention and the TRIPS Agreement and their most important principles. The end of the chapter deals with the status of the European Union and its legal norms in the area of industrial property. Chapters 3 - 7 gradually focus on individual objects of industrial property law protection. Firstly I deal with patent protection, its particular...
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Copyright and the Internet-the European legislation and its impact on enforcement of copyright
Galajdová, Dominika ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis focuses on European copyright legislation and its impact on national laws. The aim is analysis and description of EU legislation and relevant case of the CJEU as well as comparative study of Czech Republic, UK and Ireland. The structure of this thesis is composed by five chapters. The introductory chapter concentrates on the concept copyright and its international aspects. There is brief description of copyright and its main features with regard to the relevant international treaties. Moreover, there is analysis of differences between copyright law and authors right system. Consequential chapter deals with a development of digital technologies. It considers an influence of such technologies as the WWW on the copyright protection. This chapter closely describes an international legal instrument, which were amended in the course to respond the challenges posed by such technologies on copyright law. The third chapter covers the European Union legislation and it splits into 6 Sections. The explanation is focused on secondary law of the EU, upcoming EU legislation in field of copyright law as well as liability of the ISSP under existing EU law. The fourth chapter provides closer examination of the EU case law delivered by the CJEU. Especially, it focuses on the enforcement of copyright and...
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The use of a Trademarks as a Keywords for searching in Internet
Hrubeš, Marek ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Use of trademarks as keywords for searching the Internet The purpose of this thesis is a comprehensive analysis of the use of trademarks as Internet search engine keywords to trigger advertisements that are displayed on search result pages. The main part of the thesis is devoted to legislation and case law in the US. However, for the comparative purposes, I also address developments concerning keyword advertising in the EU. I chose this topic because it combines traditional elements of law with modern technologies. Moreover, despite its significant economic and legal impacts, I consider this topic as insufficiently researched in the Czech Republic. This thesis consists of six chapters. The first chapter is devoted to a general introduction to trademarks, including the history of trademarks, current legal definitions of trademarks as well as legal frameworks of trademarks law. This chapter also focuses on an element of trademark distinctiveness and analyses functions of trademarks. Last but not least, it also describes basic classifications of trademarks and provides their examples. The second chapter introduces the issue of keyword advertising. It focuses on a description of the operation of Internet search engines, keyword advertising programs and AdWords' current policy. The third...
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Copyright protection of databases
Buzu, Daniel ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The topic of this thesis is copyright protection of databases. The aim of the thesis is to find out, via comparison of the different legal systems, if the European legislation of legal protection of databases is proper, adequate and if it reflects the current needs of the European society. The thesis contains a brief historical description leading to the current legislation. Next to descriptive and comparative method of research author uses also analytical method of research for analyzing the legislation and provides to readers his own opinion toward the chosen topic. The thesis deals with the European Union and USA legislation in the field of database legal protection. As for European legislation, the author puts emphasis on copyright law protection and on so-called sui generis right. The thesis consists of Introduction, Conclusion and another 9 chapters. The second chapter provides the basic terms and problems of the topic. The third chapter contains international treaties relating to databases. The following three chapters relate to the European Union legislation, where the author describes the historical process leading to adoption of directive on the legal protection of databases in 1996. This directive is analyzed and the author articulates his opinions toward the directive. Chapter number...
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