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Intellectual property objects created in labour-law relationships in the Czech Republic and selected countries of the European Union
Soldado, Jitka ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee) ; Tröster, Petr (referee) ; Dobřichovský, Tomáš (referee)
1 Intellectual property objects created in labour-law relationships in the Czech Republic and selected countries of the European Union Abstract The contemporary modern period of 21st century is characterised by a constantly developing progress, new information technologies as well as innovative tendencies in all spheres of human life, allowing individuals their own self-fulfilment through their own intellectual activity. It is not unusual for an intangible property to be created as a result of human intellectual activity carried out during a labour-law relationship. As a result thereof, a legal regulation of the mutual relationships of the contractual parties, i.e. the employee and the employer, with respect to the result of such a human intellectual activity, is necessary. The submitted dissertation thesis deals with a legal regulation of the intellectual property objects created by employees in the course of labour-law relationships de lege lata in the Czech Republic and in the selected countries of the European Union, i.e. the France and the United Kingdom of the Great Britain and Northern Ireland. The dissertation thesis is composed of five coherent chapters, whereby the third chapter dealing with the legal regulation de lege lata of selected intellectual property objects created by employees in the...
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Intellectual property and folklor
Müllerová, Martina ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
INTELLECTUAL PROPERTY AND FOLKLORE Abstract This thesis focuses on folklore within intellectual property law and examines current and suggested means of its protection. Although the notion of traditional cultural expressions is relatively new for jurisprudence, it quickly becomes significant, partly due to its political connotations. The first part introduces four essential terms: intellectual property, folklore, indigenous peoples and public domain. Furthermore, it describes notions of indigenous customary law and domaine public payant. The second part focuses on the relation between intellectual property and folkore. It discusses its nature and various interests that are linked to it. The same part looks at folklore as a cultural heritage of humankind. It also outlines main problematic uses of fokloric works and illustrates them with numerous examples. In the end it mentions so called WIPO Fact-Finding Missions. The third part looks at foklore in the framework of standard intellectual property law. It is divided into three chapters, namely Copyright, Industrial Property Rights and Other means of protection. The fourth part is dedicated to sui generis law. It provides an overview of attempts to amend conventional system of intellectual property law in order to better suit the needs of folkore. It presents...
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Restricting the effects of a patent
Kronusová, Marie ; Pítra, Vladimír (advisor) ; Dobřichovský, Tomáš (referee)
Restricting the effects of a patent These theses are focused on issues of the legal options on the exceptions and limitations to patent rights. At first there is clarified fundamental terminology, especially relation between terms patent and innovation, patentable solution and also effects of the patent. Next chapters relate to the limitation on the patent effects that is the experimental use exception and also so- called Bolar exception; using the invention for non-commercial purposes; institute of compulsory licences; limitation to extemporaneous preparation of medicines in pharmacy, use of patent law articles on foreign vessels, aircrafts, land vehicles not permanently accessing from foreign countries and institute of prior user rights. The author discusses non-commercial use of the invention, which is closely related to the experimental use exception in some countries or the legal institute of compulsory licenses, contemplating negative and positive impacts and moral aspects of that decision. Regarding the scope of the experimental use exception, the author argues that the exception in need is rather narrow rather than broader. In case of compulsory licences, the author is emphasising on fair balance between the interest of patent owner rights and the concerns of nation and also comes with...
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Performers and term of protection of their rights
Costantini, Simona ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Main objective of this thesis is to examine in detail the topic of performers' intellectual property rights and their term of protection, offering an insight based both on the historical background and the current state of legal regulation (Czech, European and international). Especially, I deal with the changes resulting from implementation of Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. A significant part is also dedicated to the recently adopted Beijing Treaty on Audiovisual Performances (2012). The introductory chapter consists of a comprehensive historical overview that covers important events and sources of law relevant to performers' intellectual property rights and their term of protection. Certain documents can be considered milestones, such as Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty and the Beijing Treaty on Audiovisual Performances. A substantial part is also dedicated to the harmonisation of term of protection of copyright and certain related rights through European law. The second chapter gives a brief overview of the concept and...
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Non-contractual legal institutions of the use of copyrighted work
Čuřík, Martin ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The aim of this thesis is to summarizingly describe non-contractual institutions of the use of copyrighted work, to define this legal branch under the system of copyright law as well as to briefly introduce the essential institutes and concepts of copyright law as such. The second chapter focuses on the explanation of the concept of copyright law and its placement in the system of law. Afterwards, a brief historical background of copyright law on the territory of the Czech Republic and the most important reasons for providing copyright protection are introduced. In the third chapter, the essential concepts of copyright law are defined, such as author's work, the characteristics of author's works, categories of author's works, exceptions to copyright and the concept of authorship. The description of when the copyright protection is created follows. Then, the definition of the content of copyright, including the scope of moral and economic rights of author of the work, is presented. Finally, the institution of public domain is explained. The fourth and main chapter of this thesis contains a digression in the field of copyright contracts, followed by the introduction to the field of the non-contractual institutions of the use of copyrighted work. Next, there is an overview of the European and...
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Moral rights in the Czech Republic and in selected countries of continental and Common Law legal systems
Votava, Antonín ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Moral rights in the Czech Republic and in selected countries of continental and Common Law legal systems Abstract This thesis focuses on moral rights, which together with economic rights form one of basic ways how to divide copyright law. The primary function of moral (copyright) rights is to protect various rights of the author, which are not economic rights. In the introduction part of this thesis there are basic definitions and specifications of moral rights and their genesis in the continental legal system. The second chapter explains the different approach to moral copyright in the continental legal system and in the Common Law legal system, including a short historical excursion into those legal systems. The third chapter is briefly dedicated to the development of copyright law with the emphasis on moral rights during the 18th century, explanation of the difference between one-tier and two-tier approach to copyright law and certain issues regarding the territoriality of law. It also contains relevant legal acts that were in force in the Czech Republic during the 20th and partially during the 19th century. The fourth chapter consists of thorough explanation concerning each type of moral rights in the Copyright act that is currently in force in the Czech Republic. The fifth chapter is devoted to moral...
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Domain disputes
Askinová, Deniz ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Domain disputes Abstract This rigorous thesis named "Domain disputes" deals with today's topical issues. It is divided into three chapters. In the first chapter, I will try to shed light on the "domain name, its legal and technical limitations and principles of its registration". Domain name limitations from the legal point of view represent the nature of a domain name in the Czech Republic. Domain name is perceived to be an object, as absolute and relative right or as other property value. From the technical point of view it is a structure and categorization of domain names into top level domains, secondary domains and tertiary domains or sub-domains. The most important and principal part of this thesis is contained in its second and third chapter "Settling domain name disputes, including settling of domain name disputes by extra- judicial authorities". Here I deal with the various forms of misuse of domain name, dispute-solving possibilities in respect to domain names in the Czech Republic both in extra-judicial way and in alternative solutions. The second chapter of this thesis dealing with "settling domain name disputes" targets the forms of domain name abuses, registration of domain names with speculative intentions, when the aim is to subsequently transfer domain names at a profit. It is these...
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Kudrlička, Adam ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy Abstract The main aim of this thesis is to evaluate the extension of Internet piracy as well as to determine which subjects are liable for the unlawful sharing of files and copyright protected works by using different platforms. I have decided to write about this topic primarily because of the persisting phenomenon of Internet piracy and copyright infringement. In this thesis I am proposing some ideas which could help to fight Internet piracy. I am also considering current EU legislation and the EU case-law regarding copyright on the Internet. The thesis is divided into eleven chapters, which include sub-chapters. The opening chapter introduces the reader to the piracy phenomenon and copyright infringement. The following chapters deal with the evolution of the Internet in the world in general and in the Czech Republic specifically. The third chapter describes copyright in cyberspace. Further, I consider the relevant international law, legal sources of copyright in the EU and the copyright legislation in the Czech Republic, including the protection against administrative offences in the field of copyright and criminal offences. The fourth chapter highlights specific examples of liability...
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Moral rights in copyright
Wegschmiedová, Markéta ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Moral rights in copyright Abstract This thesis, after a brief introduction to the issue of copyright, defines the basic concepts relating to author's moral rights and its nature. It provides an insight into the issue from various different points of view, focusing on the natural nature of moral rights and the natural nature of an author's work, that is reflected in the copyright legislation. The thesis also offers a comparison of two major legal systems of copyright - the authors' right system and the copyright system, which demonstrate the key institutes and characterize both legal cultures through their typical features and differences. The thesis draws attention to the fact that the regulation of copyright and moral rights in particular is far from uniform in the national context and that there are significant differences not only between the different legal systems but also within those legal systems. The thesis also presents copyright and moral rights in valid Czech legislation in terms of the systemic and conceptual definition of the Czech copyright law and then discusses in detail the individual moral rights of authors. An important part of this thesis is the issue of originality as one of the conceptual features of the work. The thesis explains the role of the Court of Justice of the European Union...
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Convergence of Copyright and Trademark Protection
Fischer, Jan ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis deals with intellectual property and discusses the legislation of copyright law, trademark law and their possible convergence. The aim of the thesis is to introduce the basic attributes of the two individual pieces of legislation, to show the foundations on which copyright law and trademark law stand and thus to define their common and completely different characters. The thesis is divided into an introduction that brings the subject to the topic, four main chapters and a final conclusion. The first chapter deals with the theoretical context of copyright law and trademark law in the areas of intellectual property rights, intangible property and constitutional establishment in the Czech Republic. In the following two chapters, the two mentioned protections are discussed in more detail. The chapters have a similar classification that helps to understand the individual copyright and trademark elements. Here are described legal regulations both in the international, European and valid law of the Czech Republic and they focus in more detail on the main concepts such as the author, the author's work, trademark, effects or registration proceedings. Important part are also the subchapters on protection options. The fourth chapter is devoted to the main topic of this study, the convergence of...
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