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Protection of the results of creative work from the view of theory and practice
Novotný, Petr ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
The Abstract Protection of the results of creative work from the view of theory and practice The purpose of my thesis is to analyze the protection of results of creative work, when I try to find the purpose of this protection and take a look at theoretical and practical parts of this sort of law. The thesis is composed of nine chapters, each of them dealing with an autonomous area of protection or with other actual topics. Chapter One is introductory and defines key terms used in the thesis and their systematics. Chapter Two examines with the historical evolution. The chapter consists of three parts. Each part deals with different category. First is general, second is international and third is focused at Czech evolution of legislation. Chapter Three is subdivided into nine parts and provides the main topic of inventions and patents granted to them. Chapter Four concentrates on differences between rules for patent and utility model protection. Chapter Five discuss about the marginal theme of topographies of the semiconductor products. Chapter Six summarizes the head characteristic of industrial designs. The chapter consists of eight parts. Chapter Seven concentrates on also marginal topic of improvement proposal and protection of right for plant varieties. Chapter Eight discuss about the enforcement of...
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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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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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Trademarks and Their Practical Application on Business Competition
Vodičková, Tereza ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
I have chosen this topic because of my deep interest in the intellectual property rights and trademark issues especially. I consider trademarks one of the essential parts of the contemporary private law system, although it is very complicated to decide whether it pertains to the commercial law branch or to the civil law. Trademarks have connection to both the branches, but its legal provisions are highly specific and independent. The contemporary popularity of trademarks grows rapidly thanks to its major usability in practical life. Trademarks are irreplaceable, especially when there is a need to distinct between identical or similar goods and services that are offered by different producers or providers and are useful also, when there is a need to represent goods and services on the market. The trademarks can also be licensed, contractually transferred to other legal entity or can be the object of a deposit. The usability of the trademarks can be found also in their use as an immaterial investment in a company. I have chosen the trademarks topic because of its high practicality and because of creativity and originality of this legal branch. This thesis attempts to describe and analyze the trademark issues comprehensively focusing on the present legal regulation of this discipline. The thesis is...
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Trade marks
Pelíšková, Radka ; Slováková, Zuzana (advisor) ; Horáček, Vít (referee)
Résumé Trademarks The topic of my diploma thesis is trademarks. The purpose of this work is to discuss the fundamental issues concerning trademarks including types of trademarks especially non- traditional ones, trademark registration application procedure in the Czech Republic and other related topics. A trademark is a designation which serves to differentiate products or services on the market. The purpose of a trademark is to distinguish goods and services of one producer from those of another. This designation helps consumers to find goods and services and to select the product that they want. Trademarks therefore become an integral part of our lives. Trademarks in the Czech Republic are governed by Act No. 441/2003 Coll., on Trademarks, Regulation No. 97/2004 Coll., concerning implementation of the Trademark Act and the protection of trademarks is ensured by Act No. 221/2006 Coll., on Enforcement of Industrial Property Rights. A trademark can only be a designation which can be graphically represented and which is capable of distinguishing products or services for which it is protected from other identical products or services on the market. A trademark therefore cannot exist on its own, but always in connection with certain products or services which it designates. An applicant submits a trademark...
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Management of the patent process
Baumruková, Aneta ; Kříž, Josef (advisor) ; Miloslav, Miloslav (referee)
The diploma thesis is dealing with Management of the patent proces, which it is main topic. It is characterized by process connected with the filing of the patent invention and subsequent management. The management of foreign patent process is analyzed for
a particular company in terms of costs in specific countries. Theoretical bases pay attention to characteristics of the process and process management. This thesis i salso focused on the management of intellectual property, characteristics of foreign protection and possibility of enetring to foreign markets. My own work solution, which is based on the theoretical knowledge, cotains the characteristic of the company and its current status of the management at first. As a second thing, the analysis is perfomed for every phase of the patent management, basically for its filing, granting and subsequent maintaining. The overal evaluation of achieved results is done by the end of this chapter. Also, the directed interview with an executive director of the monitored company appered as an important contribution to this work. Results were used for the processing of the final evaluation
of achieved results and recommendations, which determine countries with a possibility
of extension of such a company patent, the determination of the maximum length
of maintenance included.
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Release of American Product on Czech and International Market and Its Legal Protection
Marčík, Petr ; Boháček, Martin (advisor) ; Burda, Aaron Edward (referee)
The diploma thesis investigates issues of releasing a product on the market. It deals with its general safety and indicates its position in the area of intellectual property law. The main goal of the thesis is to offer a complex review of a means and ways of various products protection while they are being released on a consumer market by individual entrepreneuers with respect to different legal systems. One of the minor goal will discover the difficulty of product release on the market and will define in terms of legislation what each step includes and means for companies. The reader should understand the complexity of international law in the area of intellectual property law. The first chapter follows the prologue part and provide more information about the importance of product legal protection. The second chapter will enlighten complexity and difficulty of the term intellectual property itself. The third chapter is devoted to an analysis of international legal norms with respect to general legislation - international binding contracts and agreements. The fourth chapter is focused at term of trademark. The czech and european legislation will be compared. The fifth chapter describes computer legal protection and license contract. Again we will look into this issue from perspective of czech and european legislation. The sixth chapter will show the proper way of legal protection of actual american products.
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Legal aspects of valuation of trademarks
Mášová, Hedvika ; Boháček, Martin (advisor) ; Čada, Karel (referee)
This thesis deals with problems of legal aspects of valuation of trademarks. The first part concentrates on a specific legislation of trademarks and its historical development, describes meaning of immaterial property and industrial law and determines its legislation in Czech Republic. Here are also briefly described international rules that are in connection with valuation of trademarks. In this part are also given reasons of valuation of trademarks and methods suited for this valuating. The second part contains case study representing legislation and methods of valuation of trademarks on specific example.
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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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