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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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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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Valuation of trademarks of Pivovar Janáček, a.s.
Červenková, Iva ; Jurečka, Jan (advisor)
The thesis focuses on the intangible assets, particularly valuation of trademarks. The theoretical part deals with definition of intagible assets and tradenark. In next part is shown legislative issues of trademark and methods of vauation. Practical part includes the valuation of trademarks and application of described methods in a concrete example.
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The protection of consumer's rights focusing on marking of products and services
Fryšová, Eva ; Boháček, Martin (advisor) ; Žák, Květoslav (referee)
The bachelor thesis deals with the protection of consumer's rights focusing on marking of products and services. The first part is characterized by essentials notions penetrating the whole work, by duties and rights of consumers and sellers and also by the legislative and the institutional framework of consumer protection in the Czech Republic according to marking of products and services. The substantial part is formed by analysis of trademarks. The practical part deals with sociologic research focused on finding of consumer awareness about their rights and knowledge of specific symbols. The purpose of the work was to identify level of knowledge of consumers in the Czech Republic by means of research and to propose reasonable solutions oriented to improvement of their awareness.
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