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The distinguishing role of trademark
Volek, David ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
The Distinctive Function of Trademark Abstract The main aim of this thesis is to define the trademark, the functions it performs, and thoroughly analyse the distinctive function, especially its manifestations in law and decision- making practice. In addition to scientific literature, it is based on decisions of the Industrial Property Office, EUIPO and the Court of Justice of the European Union in particular. The introductory part is devoted to the trademark as a right to a sign, focusing on its history, definition and basic principles. In order to better understand trademark law, it also briefly defines other rights to signs. The second chapter deals with the various functions of the trademark, namely the distinctive, prohibitive, competitive, assuring and promotional functions. The third part is focused on distinctive character, especially its relation to distinctive function and the difference between inherent and acquired distinctive character. It also categorizes signs according to the degree of distinctive character and analyzes the impact of use on the distinctive character of a trademark, namely enhanced distinctiveness, good reputation and general renown, and their demonstration in opposition proceedings. The fourth chapter deals with the legal regulation of refusal to register a trademark due to...
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Protection of Design and Trademark in the Fashion Industry
Phamová, Minh Thu ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
The aim of this thesis is to introduce Fashion Law and its most frequent forms of legal intellectual property protection. The main focus is to analyse copyright law, the industrial design and trademark. Additionally the article analyses the possibility of legal regulation of unfair competitive practices in the fashion industry. In the author's view, there is the future possibility to use protection under patent law due to the use of innovative materials like nanofibers by the fashion industry. The preface is dedicated to the origin of fashion law. Although this field is not so well- known in the Czech Republic, non-profit organization Ústav práva módního průmyslu educates the public through specialized campaigns. Furthermore, copyright work in fashion law and the criterion of informal protection with no need of registration is analysed. The chapter outlines licence and work made for hire. In the fashion industry, the industrial design is a very occurred topic. Priority is given to legal protection of the industrial design. Moreover international treaties, directives and regulations of the EU are mentioned. Fashion designers shall be provided with protection for designs that are new or original, also there exists the possibility of protection for Community design. This thesis is related to the issue...
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Protection of holders of unregistered trademark or other designations used in business transactions under Czech law and EU law
Kroc, Martin ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Protection of holders of unregistered trademark or other designations used in business transactions under Czech law and EU law Abstract This final thesis focuses on means of legal protection of holders of non-registered trademark or of another sign used in the course of trade under Czech and European law. First, it defines the legal branch of intellectual and industrial property, the term trademark and the system of Czech national trademarks. Due to extensive amendment of the Czech Trademarks Act based on the European Union Trade Marks Directive, effective from 1st January 2019, the final thesis begins with the description of the trademark legislation effective prior the amendment. Next chapter contains comparative analysis of former and current wording of the legislation following the legislative amendments of Czech Trademarks Act based upon the European Union Trade Marks Directive. Further chapters of this final thesis describe in detail the distinctive character of the trademarks, use of the trademarks in the course of trade, likelihood of confusion on the part of the public and other legal issues relevant to the successful protection of the non-registered trademark or of another sign used in the course of trade under written law and established case law of the Czech and European courts. The most...
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The relationship between trademark protection and copyright protection
Pop, Jan ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
The relationship between trademark protection and copyright protection Abstract The theme of this thesis is the relationship between trademark and copyright protection. The aim of the thesis was to describe the area of trademarks and copyrights, to describe their mutual relationship and to focus on aspects where both of these protections differ significantly. The thesis focuses in more detail on trademarks, which is always addressed at the beginning of each chapter and then compares them with copyright. The first four chapters deal with the key areas of both protections, especially the introduction of the main institutes and their purpose, the systematization of trademarks and copyrights, the origin, duration and termination of both protections, subjective rights and as last but not least exclusions from trademark and copyright protection. The fifth chapter deals with the relationship of both protections and describes the mutual differences that occur especially in the origin, duration, form, and scope of legal protection. It also discusses the possibility of the concurrence of both protections, its causes, types, and consequences. The outcome of this thesis is an overview of trademark and copyright protection and analysis of their mutual relationship with emphasis on the approximation of common features...
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Compulsory use of trademark and its demonstration under Czech law and the EU law
Navrátilová, Andrea ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Compulsory use of trademark and its demonstration under Czech law and the EU law The aim of this thesis is to introduce the institute of compulsory use from the perspective of Czech and EU law and subsequent proof of this obligation. The thesis consists of a brief introduction and six chapters, the sixth chapter is the conclusion. The first chapter is a general introduction to the issue of trademarks and aims to briefly inform about the concept of the trademark, its functions and the Czech and EU legislation on the issue of trademark law. It also describes the application procedure in the Czech Republic and the rights and obligations of the owner. The next chapter is about the right of the owner to use the trademark, both in terms of the positive and the negative definition of this right. Following part of thesis is devoted to the main topic of the thesis, the obligation to use the trademark. It speaks about the importance of that obligation, whose goal is maintaining registration of those marks which are actually used. Also, this chapter is focused on the term "genuine use of the trade mark", which is a condition for fulfilling the obligation of use. Another term that needs to be clarified is "proper reasons for non-use". Only their existence excuses the non-use of the mark and, if they are proven...
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Fashion Law
Josefiková, Denisa ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The aim of this thesis is to introduce fashion law as a cross-cutting legal branch which concerns many legal branches. In this work, the author focuses mainly on the regulation of the intellectual property law, which is absolutely crucial given the fact that the products of the fashion industry are the results of artistic creation. The introduction of the thesis is devoted to the history of the fashion law in the world and in the Czech Republic. The merit for the development and expansion of fashion law into awareness in Czech Republic belongs to The Czech Fashion Law Association. Further attention is focused on the design, its detailed conceptual and legal specification and familiarization with its types. Further on, the thesis deals with copyright protection of the copyright work. Copyright protection can be applied due to uniqueness and artistical value of the pieces. Particularly we speak about works of applied art, which are characterised by meeting the requirements of the daily needs except aesthetics impression. Industrial design protection is suitable for example for the protection of textile designs or the general original looks of products that fashion brands need to protect. The thesis is focusing on conditions, which need to be fulfilled for industrial design registration. It also...
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The relationship between rights of designation and unfair competition law
Ferancová, Eva ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
The topic of this diploma thesis is the relationship between rights of designation and unfair competition law. The thesis is divided into five chapters. The first two chapters define rights of designation and unfair competition law in general and the following chapters concentrate on the relationship between them. The first chapter focuses initially on the place of rights of designation in the system of intellectual propert y law and afterwards it concentrates on particular rights of designation, i.e. trademark, designation of origin and geographical indication. This chapter deals with characteristic features of the rights of designation and differences between them and national, international and european legislation. The emphasis is also put on current issues, that are related to the rights of designation. Chapter two is devoted to unfair competition law. This chapter focuses on legislation of unfair competition and the concept on which unfair competition law is based (that is combination of general clause and non-exhausting list of merits). Subsequently, it defines subjects of the unfair competition and claims that a subject affected by the unfair competition can make. The third chapter, which presents crucial part of this thesis, concetrates on the relationship between rights of designation and...
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Legal protection of domain names in relation to rights of designation
Řehounek, Dominik ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Legal protection of domain names in relation to rights of designation Abstract The diploma thesis focusing on the legal protection of domains in relation to the rights of designation has an ambition to offer its readers a comprehensive view of this issue. The work is divided into two basic parts, namely technical and legal parts. In the technical part, attention is paid to both the technical background of the domains, the functioning of the domain name system as well as the individual concepts such as the difference between the domain and the domain name. Legal part is divided into two chapters. The first chapter seeks, in particular, to anchor domains within the legal order, while the other deals with their differences with respect to the rights to designations and possible collisions with them. In the first chapter, apart from a bit of history, the technical functioning of domains within the domain name system is described. Emphasis is placed on the hierarchical structure and explanation of the basic principles. The explanation also deals with different types of domains and their differences. The space is also dedicated to the registration process. In the second chapter it deals with the status of domains, respectively domain names within the legal order. It polemize the existence of absolute rights and...
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The relationship between trademark protection and copyright protection
Crháková, Blanka ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
RESUMÉ
The name of the thesis: The relationship between trademark protection and copyright protection This diploma thesis deals in a complex way with the system of relationship between trademark protection and copyright protection within Czech law. The diploma thesis is based mainly on two acts - Act No. 121/2000 Coll., On copyright protection, and Act No. 441/2003 Coll., On trademark protection. It also reflects European law including actual case-law. The main goal of the thesis is to show how both protections work, their mutual relation, eventually how and in which situations their convergence happens and what can be the consequences of it from the protection point of view. In the first chapter of my thesis we find introduction that brings the subject to the topic, including aim of the thesis. After that comes seven main chapters and a final conclusion. Initially in chapter two and three of my thesis, I define the basic concepts dealing with Intellectual property and law related to intangible property. Subsequently description of the simultaneous operation of both protections is discussed and based on that their similarities and differences are highlighted. The focus is on analysis of both protections, subjects of both protections, their beneficiaries, formation, duration, means and international...
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Private law aspects of trademark protection
Beňasová, Kateřina ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Název rigorózní práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Private law aspects of trademark protection Abstract This thesis focuses on law of designations in a form of trademarks. Historically, trademark law could be classified as public law rather than private law, however recently the perception has changed as legal doctrine observes developing private law aspects. This thesis centres on private law aspects of trademark law, in particular private law aspects of trademark protection. Its aim is to provide complex overview of means of trademark protection from private law point of view. Relevant provisions include exclusive private rights of trademark's owner and their protection. The owner can protect their rights in various means. First of all, as detailed in the second chapter, the owner of a trademark can prevent future trademark from registration with the trademark registry through filing an objection to opposition proceedings held before Industrial Property Office, provided the future trademark contradicts the older one. Through such objection the owner usually protects their older trademark before registration of new trademark (which would harm their trademark's distinctive character or which would unfairly exploit it) with the trademark registry....
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