National Repository of Grey Literature 114 records found  1 - 10nextend  jump to record: Search took 0.02 seconds. 
Changes in EU trademark law and their reflection in Czech trademark law
Kudýnová, Olga ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Changes in EU trademark law and their reflection in Czech trademark law Abstract This thesis deals with the recent reform of EU trademark law and its impact on Czech trademark law. Main goals of the thesis are to summarise the changes introduced by the reform, analyse in detail the individual legal institutions most impacted by the reform, explain newly established legal institutions, examine how the changes in EU trademark law impacted Czech trademark law, and assess whether the changes represent a step in the right direction. The first part serves as a general introduction to trademarks and it characterises them mainly by their specific functions. The second part illustrates the evolution of international trademark law by brief examination of the most significant treaties and conventions. The international trademark law provides important context for understanding the EU and national trademark law. The third part focuses on Czech trademark law. It compares the differences regarding the individual legal institutions before and after the reform. The most substantial changes concern the legal definition of trademarks, new types of trademarks, collective marks, grounds for refusal of registration, and also procedural changes regarding the registration and the proceedings in relation to revocation or...
NTF copyright protection issues
Nováková, Magdalena ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
NTF copyright protection issues Abstract This thesis examines the new emergent phenomenon of non-fungible tokens known as "NFT". NFT reflects the direction in which today's society is moving, that is toward digitalization. Although this phenomenon crosses multiple branches of law, this thesis examines its role in the context of copyright law, with some intersection into other branches which are directly related to it. In particular, the aim of the thesis was to examine the relationship between the NFT, its underlaying material and various aspects of intellectual property rights, in particular the copyright law sector. Whether the application of these legal rules is relevant and the consequences the phenomenon will bring in the future. Last but not least, this thesis seeks to explain the potential that is behind the universality of possible use of NFTs. The challenging aspect has been the under-explored field in which the NFT is found, which offers possibilities of free reflection and speculation. Because of the lack of legal regulation, one of the main methods used in this thesis has been the analogy of legal norms that can be reasonably applied. The process of comparison with other digital assets and their placement in the context of the law also helped in understanding the role and function of NFTs. In...
Case law of the CJEU and Czech courts on the use of works on the Internet
Chaloupecký, Daniel ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Case law of the CJEU and Czech courts on the use of works on the Internet Abstract This thesis deals with the issue of the use of copyright works on the Internet and its aim is to compile an overview of the most relevant case law on the subject and to analyse it in appropriate sections. Systematically, it consists of three main chapters. The first is of an introductory, general nature and focuses on the interpretation of the basic concepts of copyright in general and the question of authorship. In the second chapter, the author focuses on the institutes and the European and Czech legislation in force on the use of copyright works, which is viewed through a rather general prism. Already here, however, the Internet aspect of the problem is gradually emphasized and, to increase the reader's comfort, references to previous or subsequent parts are made extensively throughout the work. The sometimes neglected institute of public licenses and open source software is also given prominence. The third, most extensive and central chapter of the thesis, discusses firstly the phenomenon of the World Wide Web and its perception from a legal point of view and continues by describing the most important specifics of the use of copyright works on the Internet. This is followed by a battery of specific uses of copyright works...
Copyright and the Internet (liabilities, copyright law enforcement)
Štefek, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Copyright and the Internet (liabilities, copyright law enforcement) Abstract The topic of this thesis is the legal status of copyright work on the Internet with a focus on liability relations that exist between authors and those, who unlawfully interfere with their rights by using the author's work on the Internet without authorization or allowing their unauthorized use by third parties. The main purpose of this thesis is to create a practical guide to the issue of copyright infringement on the Internet. It is also the ambition of this work to summarize the key jurisprudence and interpret its conclusions in a comprehensible manner. The thesis is divided into five chapters. The opening chapter describes the basic characteristics of copyright, defines the term of a copyright work, and specifies different ways of using the work. The second chapter is devoted to the basics of tort law and its integration into copyright law. Since the work is mainly focused on the issue of civil liability of entities that interfere unjustly with the rights of authors, in this chapter the reader is primarily introduced to the claims that the author can use for their defence in such situations. However, in the second chapter, the thesis also describes liability under criminal law and administrative law. The third chapter first...
Copyright law and advertising
Aichingerová, Nikola ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
- Copyright and Advertising Advertising, as a rapidly evolving social phenomenon based on the promotion of goods and services, consists of copyrighted works that it creates or uses. Advertising work is often considered to be a unique result of creative intellectual activity, could it not therefore meet the conceptual characteristics set out in the Copyright Act and receive the same protection? If the advertisement includes a copyrighted work, artistic performance or other value protected by the copyright law, the advertiser, the client or other party in the advertising sector must deal with the copyright properly. The way to address it is set out in the Copyright Act. Could a person involved in making advertisements or an ad agency employee be the author? Does the legislation reflect the actual situation in the advertising sector at a time when advertising law contains public, private and ethical norms? This thesis is not just a description, but aims to analyse the legal regulation of copyright with a closer focus on copyrighted works in the context of advertising activities and their creators. The first analytical part deals with the development of copyright law with emphasis on the resulting separation of the material medium from the product of creative intellectual activity, i.e. the separation...
Directive on Copyright in the Digital Single Market: A Legislative Analysis
Havlík, Václav ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
The Diploma Thesis elaborates two specific provisions of the Directive (EU) 2019/790 on Copyright in the Digital Single Market. The first is the Article 15 which creates an ancillary right to copyright that benefits certain publishers in relation to its online use by Internet Service Providers. The instrument was intended to improve the position of press publishers in the digital sector. The second is Article 17 which makes online platforms that provide access to user- generated content directly liable for copyright infringements caused by their users. Concerns have been raised about possible excessive blocking of legal content by platforms to prevent possible infringement. The thesis describes the state of things before their introduction, the motivation of the legislator for their adoption and the legislative procedure behind its adoption. In relation to the adopted text of the Directive, the text discusses its future intended and unintended impacts on the internet environment and makes suggestions for alternative approaches to address the issues. Finally, careful attention is paid to issues of consistency of the Directive's provisions with the case law of the Court of Justice. The text aims to assess the actual impact and benefits of the adopted legislation in the light of what was intended when...
Legal Protection of Cloud Computing
Pecková, Tereza ; Holcová, Irena (advisor) ; Císařová, Zuzana (referee)
Legal Protection of Cloud Computing Abstract The thesis deals with the topic of cloud computing with a particular focus on a contractual regulation of the supply of Software as a Service (SaaS). The aim of this work is to provide an insight into the issue of the obligation arising from the supply of cloud services and the various ways to contractually capture the aspects of the service between provider and user. The first part defines the technology of cloud computing with the focus on one specific model, namely Software as a Service. Furthermore, cloud computing is embedded in the legal framework within the internal legal order and the EU legal order. The second part of the work already analyzes the obligation that arises between the provider and the user of SaaS cloud services which needs to be contractually treated. Attention is paid to the essential requirements concerning contracts, such as the applicable law, liability of the parties, change or termination of the contract, as well as requirements that are specific to the SaaS contracts, such as the issue of incorporating intellectual property rights in SaaS contracts, service level agreement and acceptable use policy. The subject of the third part is an individual topic related to the supply of SaaS services, and that is the issue of data stored on...
Agreements and contracts within copyright law
Skoupá, Linda ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...
A work produced by an employee, upon the order, and a collective work
Konečná, Miluše ; Císařová, Zuzana (advisor) ; Dobřichovský, Tomáš (referee)
A work produced by an employee, upon the order and a collective work Shrnutí / summary This thesis deals with juridical institutes of works produced by an employee, works upon order and collective works. Such institutes are characterized by entitling other person than author to rights to the author's work. These persons contribution to creation of the work rest on a noncreative investment into the development of original work - examples of such entities are employer or order party. Czech author's law belongs to civil law system of author's rights, which recognizes the natural person that created the work as the author. However, the protection of other person's private interests besides the authors' is strongly influenced by copyright system, which is characteristic for Anglo-American legal system. This thesis handles the Czech legal institutes in detail. Since the three institutes are interconnected they are dealt with the historical and comparative perspective. Furthermore, the approach of the Czech institutes is compared to analogous legal approaches of foreign countries. Employee's work is created by an employee within the scope of employment or similar relationship. The employee is the author of the work, and both moral and economic rights are vested in the author. However, the employer executes the...
Software piracy
Metelec, Karel ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
69 Software Piracy As this thesis suggests, it is possible to only speculate about further development in the sphere of software piracy. While in the past households were proud of Internet access whose connectivity hardly exceeded 56kbps, information technology now develops at an incredible pace and organisations such as BSA can hardly measure up with it. Nowadays, downloading files via the Internet is quite an easy job for any average user and in my opinion it is beyond the capacity of any organisation to call on all these Internet users and frighten them, or to conduct with them expensive legal proceedings with uncertain and vague results. In my thesis I try to explain that the result of efforts in this respect should be, above all, co-operation amongst the relevant organisations, the government, software piracy specialists and software producers and that all these stakeholders should in particular focus on public education, trying to explain the basics of this problem, and on psychological prevention. As the use of the Internet expands, so does software piracy. It is better to change this situation by precise legislative provisions, on which the authors will be able to rely firmly, rather than by repression. This thesis is not intended to bring any fundamentally new view of copyright or a new view of the...

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