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Industrial property legislation and its protection
Šimáčková, Lucie ; Kříž, Jan (advisor) ; Růžička, Michal (referee)
This dissertation brings reflection over Protection of Industrial Property as a part of modern legal systems, which is getting more and more importance in legal systems of all states. The dissertation deals with the protection of industrial property rights not only by domestic but also by international laws or arrangements, and considers how joining the Czech Republic to the European Union emphasis that the observance of all legal rules in this area have increased.
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The relationship of trademarks and geographical indications - The dispute relating to the designation Budweiser
Duffková, Kateřina ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
The rigorous work is focused on the relationship between trademarks and geographical indications in the framework of the dispute relating to the designation "Budweiser" between Czech brewery Budějovický Budvar and American brewery Anheuser- Busch. It describes in detail the legal regulation of the protection of geographical indications and trademarks with dividing into the international, European and national level and the history of the designation Budweiser in the Czech Republic and USA. It dedicates to the litigations relating to the designation "Budweiser" in selected countries - Great Britain, Finland, Austria and Portugal, regarding specifics of their course and/or specifics of judicial decisions. Last but not least it concerns the dispute relating to the designation "Budweiser" in the framework of European Union and World Trade Organization.
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Comunity trade mark and its relation to a national trade mark
Cafourková, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Resumé Le but de ce mémoire était en particulier de dépeindre la coéxistence de la marque nationale - tchèque et de la marque communautaire et de comparer la reglémentation pertinente. Il sagit de sujet actuel car la quantité de marques déposées enregistrées au niveau européen aussi bien que dans la République tchèque augmente grandement en même façon que de litiges connexes. Avec la coéxistence de ces deux types de marques sur le territoire de la République tchèque il apparaît quelques problémes particuliérs. Le mémoire essaie d'identifier ces problémes et différences de vue de la législation, mais aussi de vue de l'approche pratique. Le mémoire a été divisé en sept chapitres. L'introduction est suivi par les deux chapitres qui parlent des questions générales des marques nationales et aprés des marques communautaires - de la réglementation, l'histoire et l'enregistrement de ces marques. Le troisième chapitre est consacré aux marques en général et les autres signes distinctifs. Le cœur de ce memoire se trouve dans les chapitres quatre et cinq. Le quatrième chapitre remarque les liens entre les deux systèmes de la protection des marques. Il s'agit des instituts spéciaux créés par la legislation européene pendant la procèdure de l'harmonisation de la protection de la propriété industrielle. Ensuite le...
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The relationship between trademark protection and copyright protection under Czech law
Wiesnerová, Adéla ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The relationship between trademark protection and copyright protection under Czech law Topic of this thesis is "The relationship between trademark protection and copyright protection under Czech law" and this topic describes the goal of the whole work. This thesis is concerned with comparing two of intellectual property rights. To achieve the goal is necessary to clarify some essential terminology. This study consists of three partial aims while this work is divided into four chapters. First chapter deals with intellectual property law in general. This chapter defines basic terms that are closely related to the discussed problems, and that allow to systematically classify and specify the copyrights and trademark rights. Second chapter presents an overview of copyrights and is subdivided into seven parts. Each of them describes problems which are characteristic of copyrights and creates the nature of copyrights. Next chapter is essentially composed in a similar way that the previous chapter. Third chapter explains typical details of trademarks. The last chapter form the core of the thesis. Fourth chapter is focused on description how relates copyright protection to trademark protection. Relationship between these two protections is based both on the convergence and also on collision (conflict)....
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The relationship between trade mark protection and copyright protection under Czech law
Jurášová, Monika ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...
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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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Legal protection of logo in a view of Copyright Act and Trade Mark Act
Krbová, Lucie ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
In this thesis I explain the problematic situation presented by the legal protection of logos in the Czech Republic. I chose this topic because logos are a daily part of everyones' lives helping us make important every day decisions. Yet logo is not a legal term and sometimes it can be difficult to define what logo actually is. This doesn't mean to say that logos do not have legal protection. It always depends on the definition of logo. Usually a logo enjoys the same rights as the brand it represents giving it equal protecton under the law. In many cases logos are a registered trademark giving it full protection under the trademark act. Even unregistered logos enjoy some of the same protections afforded to registered logos and it may be additionally protected by unfair competition laws. Often logos are the work of a single artist and therefore covered by the copyright act. In the opening of the thesis I wrote about the legal protection of logos in view of the copyright act and explained the requirements a logo must meet to qualify for protection under this act. Thustly explaining the rights possessed by the author of the logo, the process of transfering those rights to another person, and finally what measures the author can take to defend his rights. Next, I desribed logo in the terms of a...
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The domain names and its protection with aspect to the trade mark
Chalupová, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
One of the legal issues, which brought by the development of information and communication technologies, is also the issue of domain names. With the development of the Internet, many human activities moved into the electronic world, including business activities. Presentation of the business through a website has become an indispensable means of competition. Domain names became a significant asset with regard to its secondary function. Therefore it was necessary to provide legal protection for domain names.Legal system of the Czech Republic does not contain specific legal act of domain names. This thesis deals with the issue of domain names. The object of this thesis is the definition of a domain name from a legal terms, the rights to domain names and registration of domain names. This thesis is limited to domain names, which are registrated in ccTLD .cz. The second part discusses the relationship between domain names and trademarks. In relation to the trademark rights the domain name has dual status. Registration of a sign as a domain name can occur the rights of trademarks. The trademark is one of the most effective means of protection for domain names. It is possible providing protection of domain names with registration in the register of trademarks.The owner of the domain name then has the same rights...
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Likelihood of confusion between trademarks
Kučera, Jakub ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Title: Likelihood of confusion between trademarks Author: Jakub Kučera Department: Institute of Copyright, Industrial Property and Competition Law Supervisor: doc. JUDr. Vladimír Pítra Abstract: This master thesis deals with the likelihood of confusion between trademarks. The aim of this thesis is to analyse various factors, which decisive authority takes into account when assessing the likelihood of confusion between trademarks and due to the extensiveness of this issue the thesis focuses only on selected key aspects. The aim of this thesis is also to analyse the case law of the ECJ and the court regarding the likelihood of confusion on basis of which the Czech courts often decide. This thesis is divided into eight chapters, which contains several subchapters. The first chapter deals with current importance of trademarks and also with the term trademark as defined in Trademark Act and in the relevant EU legislation with regard to changes in definition of trademark due to the adoption of Directive of European parliament and Council (EU) 2015/2436 and Regulation of European parliament and Council (EU) 2015/2424. The second chapter deals with the legislation dealing with of likelihood of confusion as to the Czech level and EU level. This chapter also pays attention to various authorities that assess the...
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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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