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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...
Exercise of copyright by a person other than the author(or author's heirs).
Poncová, Veronika ; Císařová, Zuzana (advisor) ; Dobřichovský, Tomáš (referee)
76 Summary Exercise of copyright by person other than the author (or author's heirs). Within the scope of my thesis, I tried to describe an exercise of copyright by a person other that the author (author's heir), according to the current legislation of the Czech Republic. I devoted the first part of the paper to a general copyright, which belongs to special personal laws, to wit to the group of the rights to the outcomes of the intellectual activity. The Czech Republic is among the countries with relatively long and rich tradition of protecting the intellectual property. In other parts of my paper, I analyzed the term author, which may only be a physical entity that created the work of authorship. With respect to the subject of my paper, I explained in detail the cartographic works of authorship, computer programs, and computer databases. Furthermore, I dealt with a creation and content of the copyright, personal rights, and property rights. The Copyright Act of the Czech Republic is based on a dualistic principle of distributing the rights to intellectual property. The personal rights terminate by the death of a person holding the right, and the property rights are transferred to the heir of a person holding the right. The fourth chapter of my paper is fundamental because it analyzes the legal exercise of...
Trade mark law and the issue of parallel imports in Czech, EU and US law
Vávrová, Lenka ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
100 Parallel importation and trademark law in the Czech Republic, EU and USA Parallel imports are a non-counterfeit (genuine) goods, bearing a trademark, intended for sale in one country, but instead put on market without the consent of the trademark owner in another country. The price of parallelly imported good is actually lower than the price of the authorized good, due to several factors: currency exchange rates, laws, taxes, logistical expenditures etc. It is not only the price, but also other features of the merchandise, such as the appearance, required characteristics and customer safety measures that differ from the ones of the authorized goods. Such differences may damage the goodwill consumers associate with the trademark. Trademarks are protected dependently on national laws, therefore different countries address the issue differently. There is no international treaty that would solve the problem of parallel importation on international level. No consent has ever been unanimously reached. The issue of parallel importation is closely connected to the doctrine of exhaustion. Various countries apply national exhaustion whereas others apply international/global one. European Union developed specific type of regional exhaustion which means that once a trademark owner sells a good bearing the mark...
Forms of the legal protection of software
Šurina, Štefan ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
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The relationship between trade mark protection and copyright protection under Czech law
Jurášová, Monika ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...

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1 Císařová, Zdeňka
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