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The Internet and copyright-the scope of liability of individual parties and modes of protection against piracy
Ouroda, Tomáš ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Diploma Thesis Summary The Internet and the copyright - the scope of liability of the individual entities and ways of protection against the piracy This thesis is focused on liabilitiy of the individual entities occurring on the Internet and piracy issues. It is primarily an analysis of how individual subjects may be responsible for violations of copyright rules. The aim of this thesis was not complete processing of all relevant aspects of piracy and the resulting responsibilities, but in particular to highlight the most topical issues discussed. I chose the topic because of personal interest to study the dynamically developing field of information technology law and intellectual property law. The work is divided into eight chapters, each dealing with a problem with this topic. The first two chapters talk about Internet in general and the ability this the Internet law to push through the Internet. Mentioned are mainly questions the legitimacy of law on the Internet, the reasons for the existence of the Internet law and especially the importance of copyright protection. Part three charts the formal sources of copyright in the digital era adapted to works of authorship. The focus of relationships on the Internet are issues of determining jurisdiction and applicable law, as described in Chapter Four....
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Legal protection of databases in the European Union and the United States of America
Andrejaš, Michaela ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
This Paper presents a comparative analysis of legal protection of databases in USA and EU. EU, with the intention to strengthen it's postition in the world database industry, introduced by a Directive 96/9/EC a legal experiment of sui generis right to databases, protecting databases on the basis of an investment only, regardless of the coypright law requirement of originality. USA does not offer the Directive's sui generis right, however protects the databases by whole range of traditional means of legal protection. On the basis of the comparative analysis of the traditional and present legal protection of databases in the EU and USA, as well as a critical assessment of the Directive and it's impact on the EU database industry, the Author rebuts the U.S. sui generis right proponents' arguments and proves her initial hypothesis that USA does not lack sui generis right protection, nor does it have a single reason to introduce this legal experiment into it's well established and working legal system.
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European patent
Drhlíková, Eva ; Císařová, Zuzana (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The purpose of this thesis is to examine European patent. The work deals with the historical development of the European patent from its beginning to the current system. Subsequently, the work focuses on analysis of the European Patent Organization established with the adoption of the European Patent Convention in 1977. The functioning of the European Patent Office and the Administration Council, including a summary of the sources for the decisions of the European Patent Office is captured in the second part. The third chapter focuses on the question of patentability, the process of filing a European patent application and its effects in the Czech Republic. The fourth chapter deals with the emergence of the Agreement on the Unified Patent Court and its critics. The main emphasis is placed on the description of the future operation of the Unified Patent Court and the issues that arise around it.
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Protection of industrial property and international law
Malá, Kateřina ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Protection of industrial property and international law The purpose of my thesis, which theme is "Protection of industrial property and international law", is to describe and to analyse the industrial property protection from the international law perspective. The thesis consists of nine chapters, the introduction and the conclusion included, dealing with the issue of the industrial property protection, especially with the conception and historical development of international protection of industrial property and with current systems of this protection, focusing on weaknesses and strongnesses of current international legal protection of industrial property. First of all, the thesis deals with a definition of the term "industrial property". The "industrial property" is a complicated category, because there is no general legal definition of this term. As from the international treaties regarding industrial property outflows, the legal definition of this term is replaced by the list of intangibles which are included in this term. This chapter is concluded with the acceptance of this approach of "no general legal definition" stating that because of the technical development and connected development of industrial property items, a general legal definition of the term industrial property would have only limited...
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Software piracy
Cholasta, Roman ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
The main target of this thesis is to outline the issues connected with software piracy to the reader. To clarify this issue some legal background connected with software needs to be explained. First it is necessary to define what software is and clarify its connection with a computer program. Next step is to define a computer program, which parts of it are protected and which parts are not. In order to define what is software piracy the thesis defines a rightful use of a computer program. After that it is possible to define software piracy and take a closer look at it. Also in the conclusion there are some current issues in this area that have a significant impact on the perception of software piracy by the public. This thesis is divided into ten chapters. The introduction outlines the issues of software law and software piracy and attempts to clarify the origin of this issue considering a new borderless area - the internet. The second chapter deals with the terms software and computer program, their relation and the differences and also with other terms which are used in this thesis including the legal source of a computer program with an overview of the current case law of the European Union Court of Justice. The third chapter is focused on a computer program as an object of law together with...
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Unlawful use of rights in copyright in Internet
Havlíková, Kateřina ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
This thesis deals with rather comprehensive topic of unauthorized use of the copyright on the Internet. The aim of this work is to present selected specifics of the online environment as well as the challenges this environment represents from legislative point of view. Presented paper is divided into five chapters, among which first three focus on the subjected issue in general, whereas the chapter four presents modern and constantly developing cloud computing technology. Its development has given rise to multiple new challenges including the copyright. Last chapter comprises of de lege ferenda ideas regarding this issue. The aim of the first chapter is to present the specific environment of the Internet and the dangers it represents in respect of the copyright. This chapter therefore deals with the various forms of using the copyrighted work including the analysis of new and unified legal regulation of licensing in the new civil code. Chapter two describes the international protection of copyrighted work, which is crucial due to the uniqueness of the Internet, as a space that knows no boundaries. This chapter therefore analyzes the development of international cooperation as well as it gives an overview of the most significant international treaties in this area. This chapter reflects the...
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The liability of the information society service provider for the infringement of copyright
Dědková, Barbora ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Liability of the Information Society Service Provider for the Infringement of Copyright Abstract This diploma thesis deals with conditions of emergence and exclusion of liability of internet society service providers (ISP) with a focus on copyright. The thesis first defines the terms, which are essential for understanding of the topic. Then, in second chapter, it delas with copyright on the internet, specifically with the author's right to communicate work to the public, which can be violated in large extent by the internet users or ISPs themselves. In this regard, the thesis focuses on the case law interpretation of the concept of the right to communicate works to the public and conditions under which the ISP themselves may be found to be communicating works to the public without authorization. In third chapter, the thesis the work examines the relevant provisions of the E-Commerce Directive, which outlines the scope of the liability of ISPs providing hosting services. The thesis analyses the conditions of the safe harbour, i.e. the conditions that must be met by these providers in order not to incur liability for content which is stored by the users of their services. The recent CJEU is examined in this regard. In addition, the thesis analyses the prohibition of the general monitoring obligation,...
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Liability of information society providers for third party content
Zichová, Tereza ; Císařová, Zuzana (referee)
The thesis deals with conditions of the emergence, extent, limitation and exclusion of the responsibility of the hosting type information society providers (ISP) for the foreign content, within the context of the communication to the public of the copyrighted work. The relevant provisions of national law are specified and critically analysed in the thesis. The thesis focuses on the legal construct of the safe harbour and impacts on the information society providers, considering the effective laws and the case law of the courts.
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Legal Protection of Artistic Performance
Leška, Rudolf ; Císařová, Zuzana (referee)
The thesis offers a systematic overview of the law of performers' rights. This specific field of law forms no major area of law by itself, but rather covers various legal regulations that are related to artistic performances. The author argues for specific protection of an artistic performance which emanates from the protection of a persona as it is understood by the theory of natural law. The author thus opposes those who consider the protection of a performer to be only a protection of an investment in the economic competition. That being said, it is impossible to automatically apply authors' rights to performers because of numerous differences between the two. The performer is not creating a new work of art which would enrich the knowledge of mankind, but only performs an existing work of art, making the societal benefit of an authors' work greater. The author therefore opposes the notion that Art. 34(1) of the Czech Charter of Fundamental Rights and Freedoms can be applied to artistic performances. Nevertheless, the protection of artistic performances is necessary because the society does not need only the existence of authors' creations, but also needs the art to be performed, if live art is to exist at all. Today, when live art is endangered more than ever before by technologies allowing...
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