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Legal aspects of internet search engines used in e-commerce
Fleková, Lucie ; Boháček, Martin (advisor) ; Menčl, Jakub (referee)
Internet enhances the rapid globalization of markets and user often has no means to figure out which national legislation is relevant for him when he is visiting the site. This issue gains importance in the commercialization of relationships, where the traditional, local regulations of this dynamic business environment are often inadequate. This paper aims to look through the analysis of various legal aspects, reveal gaps in existing legislation and determine with the help of international comparisons of, still very different, legal arrangements and practice (particularly judicial decisions) of selected countries, which questions are handled appropriately for the purpose of effective regulation of electronic commerce and whether there might be inspiration from foreign regulation and practice for the Czech law system in the future.
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Legal protection of databases
Šlajerová, Martina ; Boháček, Martin (advisor) ; Menčl, Jakub (referee)
The rising importance of technological development especially in Europe and the USA, which are the largest producers of databases, requires an internationally unified regulation for the protection of databases. The aim of this thesis is to present these issues and highlight the shortcomings of the current and proposed legislation in order to determine adequate legal protection of databases and how this can be achieved. The first chapter provides an overview of the definitions and the basic concepts. This includes the protection of databases by copyright and the sui generis right and a list of criteria in order to establish adequate legal protection. The second chapter outlines the legal protection of databases in the European Community, including the current legal system, its benefits and drawbacks and alternative protection to sui generis. Additionally the theories and current judicial practice are presented to further clarify the issue. The third chapter deals with the alternative legal protection to copyright of databases in the U.S. that in many ways differs from the European legislation. Similarly both copyright and database protection alternatives are presented in terms of legislation, case law and theories relevant to this area. The fourth and last chapter focuses on the international regulation of databases, and any potential changes in international regulation with regard to protecting databases. Moreover theories and rulings in this area are presented. Finally all the important points of this thesis are summarized and adequate legal measures for the protection of databases are suggested based on the advantages and disadvantages of the current forms of protection and judicial practice.
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Exhaustion of trademark rights
Hýžová, Zuzana ; Boháček, Martin (advisor) ; Menčl, Jakub (referee)
The thesis deals with the analysis of exhaustion of trade mark rights, it focuses mainly on the comunnity-wide exhaustion. It is based mainly on the interpretation of the case law of the European Court of Justice which is used both to describe the creation and development of the principle and to help to evaluace its importace on the field of the common market and its practical conclusions. Appart from the community-wide exhaustion, big part of the thesis is represented with the global exhaustion whose possible introduction has been topic of many discussions.
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Licenses used on internet for free content
Stacho, Marek ; Boháček, Martin (advisor) ; Menčl, Jakub (referee)
This diploma thesis focuses on free content licenses used on internet and on extending of options which provides the classical copyright protection. It compares various kinds of licenses, their advantages in actual usage and at the same time disadvantages of specific licenses when using for particular works. The aim of this thesis is to evaluate the usage of specific licenses which are used for freely provided content and possibly to extend the version of these licenses to such, which would better reflex to the needs of current trends. Another objective is to evaluate current state of the use of licences on the Czech internet and to compare it to the world trends.
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