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Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China
Černá, Lucie ; Rozehnal, Aleš (advisor) ; Horáček, Tomáš (referee)
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...
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Analysis of access to patent information systems of Industrial Property Office CZ, European Patent Office, United States Patent and Trademark Office and World Intellectual Property Organization
Nowaková, Jana ; Papík, Richard (advisor) ; Souček, Martin (referee)
The master thesis analyses and compares selected accesses to patent information systems of Czech Industrial Property Office, European Patent Office, United States Patent and Trademark Office and World Intellectual Property Organization. This includes accesses via web sites of the institutions mentioned above and an access via Google Patents service. The thesis is divided into six parts. The first part discusses patent information systems, the second one gives an overview of the selected institutions, the third part presents evaluation methodology of patent information systems, the fourth part includes a comparative analysis, the fifth one consists of a user survey and the sixth part introduces possibilities of future development of patent information systems. The comparative analysis showed the access to information system of World Intellectual Property Organization (Patentscope) as the best one among all the analysed accesses. In the user survey the respondents selected the information system of European Patent Office (Espacenet) as the most user-friendly access. Key words industrial property, patent documents, patent databases, patent information systems, patent searches, patent searching, Czech Industrial Property Office, European Patent Office, United States Patent and Trademark Office, World...
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Private Enforcement of EU Competition Law
Šimeková, Zuzana
1 Thesis Summary Private Enforcement of EU Competition Law Zuzana Šimeková 1. Starting points and goals of the thesis The main goal of my thesis is the application of the ever-evolving contemporary issues of private enforcement of the EU competition law, its developments in the legislative area and the decision- making practice of the European Commission and the Court of Justice of the European Union (the ECJ) to the pharmaceutical sector area. As regards the functioning of competition rules, the pharmaceutical sector found itself in the cross-hairs of the European Commission fairly recently. Its efforts resulted in the Pharmaceutical Sector Inquiry Final Report of 8 July 2009 (the Final Report). The primary subject-matter of my thesis is the assessment of the competition relationship dynamic between the originator and generic pharmaceutical companies, especially the degree by which the conduct by the originator pharmaceutical companies can delay market entry by the generic pharmaceutical companies and thereby negatively affect the consumers by (among other things) limiting availability of cheaper drugs. Despite the expectations of legal practitioners and academia, the European Commission did not rule in the Final Report whether the discovered conducts constitute violations of the EU competition law. The...
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Access to medicines in the patent system
Borunský, Jan ; Dobřichovský, Tomáš (referee)
Access to medicines in the patent system Abstract This rigorous thesis deals with the issue of access to medicines in the patent system. In the introduction to the rigorous thesis I set several goals, which I focused on in the thesis. The first goal is to assess whether access to medicines is guaranteed at the international level, alternatively through which rights it can be deduced. Another aim is to point out possible shortcomings of the patent system in the pharmaceutical industry and to assess the suitability of alternative systems. In the final chapter I deal with the access to medicines during the current pandemic within the European Union and in developing and least-developed countries. This rigorous thesis is divided into six chapters except for the introduction and conclusion. The individual chapters logically follow each other, with the first chapter dealing with the very concept of patent and its historical development. In the second chapter, I deal with one of the goals of this rigorous thesis, whether access to medicines is guaranteed by some of the internationally recognized agreements. The third chapter is the core of the rigorous thesis, which is why it is the most comprehensive one. This chapter provides a detailed analysis of the TRIPS Agreement with particular emphasis on the individual...
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Patent litigation with international element
Košík, Petr ; Kříž, Jan (advisor) ; Čada, Karel (referee) ; Pítra, Vladimír (referee)
With the development of society, we get into situations where it is also necessary to protect what cannot be touched. We begin to get into a situation where we protect what cannot be reached, which is intangible rights. If we look into the past, the first kind of intangible right could be God's blessing as we can learn about it in the Bible. Many years later, the issue of electric current is solved, where the electric current is only taken as an accessory to the main thing, the metal wire, which is the electric conductor. In today's world, however, electricity is a separate thing, but it cannot be touched, touched even though it is all around us and it is a universally transformable source of energy. The same issue arises in the area of protection of rights arising from intellectual activity and implemented also in intangible form. The protection of intangible law and its one particular part - patent (patent protection) is the main interest of this work. Intangible rights are protected by individual states around the world when interactions between owners or violators of individual rights around the world occur very often. The dissertation on Patent Litigation with an International Element deals with that part of the interaction between the proprietors and infringers of patent-protected rights,...
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Ekonomické aspekty ochrany duševního vlastnictví
Matušková, Dominika
The bachelor thesis deals with the protection of intellectual property and its eco-nomical aspects. In the theoretical part there is explanation of an intellectual pro-perty, its concept and definitions related to the protection of an intellecual proper-ty protection. The practical part deals with findings about intellectual property in practice with the example of representative company. The conclusion summarizes key concepts with suggestions and recommendations for a concerned company, which might be utilized by the other pontentional companies.
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Intellectual property rights protection of computer programs, information systems and related services
Kalíšek, Jindřich ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
Ochrana počítačových programů, informačních systémů Jindřich Kalíšek - Disertační práce a příbuzných služeb právem duševního vlastnictví Strana 1 z 3 Intellectual property rights protection of computer programs, information systems and related services Thesis Abstract 1) Dissertation thesis titled Intellectual property rights protection of computer programs, information systems and related services deals with the main legal approaches and their selected alternatives to the legal protection of computer programs, information systems and related software services. 2) The goal of the thesis is to analyse and provide the reader with consistent up-to-date information in particular on the two main forms of legal protection - copyright protection and industrial property protection of computer programs, to concisely describe their development, current status and key legal norms (international, EU and national) and that establish them. 3) The dissertation consists of an introduction, nine chapters and a conclusion. The thesis is divided into four units - introductory explanation, part of copyright law, part of industrial property (IP) law and final comparative part. 4) In the Introduction, the reader will get acquainted with the key concepts and issues elaborated in the thesis, as well as with the basic theoretical...
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Legal protection of computer programs
Šurina, Štefan ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
1 Abstract (English) Legal protection of computer program The subject of the thesis is the legal protection of computer programs. The thesis provides for various perspectives of legal protection analysis, namely static protection, dynamic changes and perspectives for enforcement. The aim is to summarize the complex view on forms of protection and disposals of computer programs, especially taking into consideration extremely fast technological advances in the latest decades. This view on legal protection is further extended by a short analysis of development of protection and enforcement of rights related to computer programs within the digital environment. It is essential to view the protection of computer programs as a very specific subject of legal relations. Computer programs have emerged just recently and the opinions on their protection still vary. The primary form of protection is the copyright protection. However, computer programs are defined typically by their functional character which is not reflected by standard copyright protection. Legal protection is therefore amended to reflect these aspects via implementation of specific rights based on directives on protection of computer programs. The thesis reflects also judicial advances, especially taking into consideration the shifts in the...
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Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China
Černá, Lucie ; Rozehnal, Aleš (advisor) ; Horáček, Tomáš (referee)
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...
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Patent system in the Czech Republic
Lebedová, Radana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Submitted master thesis discusses patent law legislation in the Czech Republic. The purpose of this thesis is to examine current legislation in particular with the focus on gaining the patent protection as well as following proceedings and to point out possible uncertainties and particularities of such proceedings given by special nature of patent proceedings in relation to administrative proceedings in general. Considering the mutual bond between the substantive and procedure patent law, this thesis also deals with selected substantive issues. Except for the introduction and the conclusion the work is divided into six chapters. These chapters are notionally split in two main parts. First part consists of first three chapters and is considered to be the introduction to the issue of patent law; second part, consisting of last remaining chapters, represents the core of the thesis on its own. First chapter deals with defining the main terms in the field of patent law and intellectual property law as such. Firstly, it deals with the term intellectual property following by industrial property which are commonly defined by enumeration of subjects belonging to one or the other. Moreover, this chapter concentrates on explaining what patent law, patent and invention legally mean. Second chapter is dedicated...
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