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Olympism with respect to the Intellectual Property law
Fráňová, Jana ; Holcová, Irena (referee) ; Křesťanová, Veronika (referee)
Olympism with respect to the Intellectual Property law Intellectual property is a branch of law affecting, with various intensity, a lot of fields of human life and, together with technical development and globalisation of human life, is becoming more and more topical, which, vice versa, implicates an intensive development of the branch of law itself. Olympism is a traditional concept evoking sports ideas, profound experience of performance based on physical and mental preparedness and capacity, emotions and in a way also a life philosophy and intellectual values, but also, more and more, a significant economic factor. This thesis is based on a strong respect to both of these concepts, namely to the intellectual property and to the branch of law studying this field, analysing and developing it, and to the Olympism and its persisting undisputable sense and effect, and on the conviction about coherence of these notions both in terms of law and in terms of ordinary human life. The aims of this thesis is to set up a basic outline and to determine conceptual features of each of these both institutes especially, and, after that, to present basic forms and methods of their coherence. In this connection it was also necessary to examine the legal protection of both of these institutes, both at the national...
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Trade marks and business competition
Kreuzmannová, Petra ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this thesis is to examine trademarks and the possibilities of their application and use in the context of business competition. Trademarks are used widely in business and form part of an important and independent branch of the law. The thesis is divided into seven chapters. The first deals with the inclusion of trademark law into the broader area of intellectual property law. The following chapter describes the concepts of trademarks and legal sources. The law of trademarks is divided into a three level jurisdictional system - international, European and domestic law. The chapter also discusses the division of trademarks and describes their function. The conclusion of the chapter is devoted to the reasons for the refusal of registration of trademarks - namely absolute and relative. The third chapter focuses on the ways how trademark law is established. The establishment of trademarks is fundamentally based on the principle of registration. The exception is well known trademarks, which enjoy legal protection despite not being registered. The chapter is divided into three parts dealing with the registration procedure at the domestic, European and international level. In contrast, the fourth chapter contains circumstances under which trademarks lapse and are no longer in effect. The...
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Legal protection of domains in relation to the right of indication
Karlec, Jan ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Legal protection of domains in relation to the right of indication The subject of this thesis is a legal protection of domain names. Domain names are used as humanly memorable names for Internet and serve as simple address to access websites. Each domain name has to be unique, it is not possible to register two or more identical names. This makes them very valuable and worth of protecting. The registration process of domain names is very simple and cheap, mostly based on the principle "first come, first served". No one has an automatic right to a particular name. This cause many conflicts, because the principles of registration are often abused by domain speculators. However, the domain names are not subject of special legal regulation in the most countries (Czech republic included). The thesis is composed of two parts. The first part is divided in five chapters. Initiative chapters are focused on defining the concept of domain names, their technical aspects, hierarchical structure and types. In this part is also mentioned Internet Corporation for Assigned Names and Numbers (ICANN) and its Uniform Dispute Resolution Policy (UDRP). Further, this part contains a description of the registration process of domain names under the country-code top level domain ".cz" (ccTLD.cz) and the legal aspects of domain...
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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...
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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
61\dokument1\23 December 2011 Abstract The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legislation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter of this thesis is a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, including the protection against unlawfully registered trade marks. The third chapter, which is the core of this thesis, discusses the uses and functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. This chapter also...
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Valuation of trademarks Karlovarska Becherovka a.s.
Chabová, Zuzana ; Svačina, Pavel (advisor) ; Jára, Karel (referee)
The aim of this thesis is to evaluate the trademark portfolio of the company Karlovarska Becherovka a.s. At the beginning I am preparing a qualitative model, which is used to choose an appropriate method to evaluate the trademarks. Consequently, I am evaluating Karlovarska Becherovka trademarks and determining the economic value added of all intangible assets. Finally, it addresses a question of the proportion of the company value that is represented by intangible assets and by trademark portfolio.
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Slow food
Krauz, Kamil ; Švarc, Zbyněk (advisor) ; Vavrečka, Jan (referee)
The Food Safety and Quality Control System in Czech RepublicThe thesis describes the way how is the food safety control and quality protection provided in Czech republic. There is the law definition of the all forms of food during the food production chain from the primary production up to sale to the consumer in the work. The thesis focuses on the requirements laid down in the Czech and European food law on the food producers and sellers. The thesis also deals with the food contamination and quality aspects - nutrition value and quality branding. There is also chapter about the quality management system certification and chapter about the current cases related with the safe food area in the Czech republic in 2012 (Methanol, Polish technical salt and horse lasagne).
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Legal Aspects of the Unregistered Marks of Goods and Services Used in the Course of Trade
Vozáb, Jakub ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee) ; Tomsa, Miloš (referee)
This dissertation theses addresses the phenomenon of the unregistered mark for goods and services in accordance with trade mark law of the Czech Republic, while taking into consideration the given scope of EU law and its comparison with the legal protection of applied trade marks in the framework of the "passing-off" doctrine of the legal systems of the United Kingdom of Great Britain and Northern Ireland. While the subject of trade marks has already been thoroughly established in juristic theory and has also become commonplace in legal practice, the institute of the unregistered trade mark has not yet to be comprehensively examined, and as such it presents significant difficulties in applied practice, as it bears no solid legal foundation, and in the context of the regulations of trade mark law it is always possible to identify specific special entitlements arising from the existence or application of unregistered trade marks, whereas the nature of their verbal formulations and systematic classification presents difficulties in the interpretation and application of such entitlements. The basis for this reasoning is namely the historical evolution of the phenomenon of the unregistered mark in trade mark law in Austrian, respectively in subsequent Cisleithania, and its reception and evolvement within Czechoslovak law as the legal predecessor to the Czech Republic. The goal of the research presented herein is to identify answers to the underlying theoretical questions concerning unregistered marks of fundamental significance to applied practice, and in so far as they concern the nature of the unregistered mark as perceived by trade mark law and its definitional attributes, terms of origin, duration, and expiration of unregistered marks, or more precisely as they concern rights to them, as well as the terms and scope of disposition with unregistered marks, namely in so far as they in turn relate to transfer or conversion and the grant of license or other temporary right of use. Subsequently, the establishment of answers to the aforementioned questions addresses the problem of the absence of an explicit legal principle to the phenomenon of the unregistered mark and the interpretation difficulties offered in the poorly formulated laws and subsequent fluctuations in legal practice. This problem is examined within the legal setting of the Czech Republic as a democratic nation with a market economy, in which holds true the classic legal rudiment of "that which is not prohibited by law is permitted", and in which hold true the fundamental and indefeasible rights of man, a component of which is the right to freely pursue economic activities and possess property within a framework of restrictions favouring the preservation of the rights of others as set forth by the law.
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