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Trademarks and licensing agreements for trademarks
Šístková, Michaela ; Boháček, Martin (advisor) ; Macek, Jiří (referee)
Diploma thesis deals with trademarks and licensing agreements for trademarks. The work evaluates and assesses the effectiveness of the legislation in connection with its application by the conclusion of license agreements in practice. The first chapter of the work focuses on the international and the community sources of legislation which are the basis for national adaptation. Another part is devoted to analysis of the constitution of the trade marks legislation significant for the conclusion of license agreements and to the assessment of their effectiveness, clarity and understandability in relation to practice. The third chapter assesses the constitution of the Commercial Code governing the licence agreemants and points to the frequent types of violations of licensing. It is a recommendation for the consclusion of licensing agreements for the mark without any problems.
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Valuation of trademarks of Choceňská mlékárna s.r.o.
Zíková, Lucie ; Svačina, Pavel (advisor) ; Jurečka, Jan (referee)
The thesis is focused on the intangible assets, particularly trademarks. In the beginning it deals with the classification of intangible assets and its conception by the Czech legislation and International Valuation Standards. The main part of the work relates to trademark legislation, classification by various criteria and functions. It gets on with a description of the valuating methods. Practical part includes the valuation of trademarks in a concrete example.
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Patent pools
Bourová, Kateřina ; Lipka, David (advisor) ; Ždímal, Martin (referee)
Patent pools are agreements between patent holders to license their rights to central entity and then to sale these licenses to third parties. In the Czech Republic there is no such cooperation between firms. In this thesis I would like to describe this phenomenon to Czech public and firms. The othel goal is to find out if this cooperation is efficient.
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Society for the Protection of the Rights of Music Authors and Publishers - Honest Guardian of Property Rights or just a Lawful Monopoly on Collection of Money?
Beránková, Hana ; Munzi, Tomáš (advisor) ; Doležalová, Antonie (referee)
The work deals with the role of OSA (Society for the Protection of the Rights of Music Authors and Publishers). It examines the perception of intellectual property from the theoretical point of view with respect to its practical implication and the Copyright Law. The work use the thought of Law and Economics and thoughts of those who stand opposite its view of intellectual property. It attempts to evaluate the activity of OSA in terms of the efficiency, justice and transparency. By analyzing the Copyright Law it shows it's consequences for authors and users of music works. The identification of interest groups results from studying the mechanisms of OSA's incidence. The work tries to observe the principles of cash flow in OSA. On the basis of the analyses mentioned above the work criticizes the contemporary system of protecting copyrights as unsatisfactory. Some aspects of new possible alternatives are proposed and beginnings of new approaches to intellectual property in practical life are shown.
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The comparison of legal provisions setting down monetary remedies in intellectual property infringement cases
Sedláček, Václav ; Boháček, Martin (advisor) ; Macek, Jiří (referee)
The thesis deals with monetary remedies in intellectual property infringement suits, focusing on industrial property rights. On the background of enacting of the czech Act number 221/2006 Sb. which implements the directive 2004/48/EC of the European parliament and of the Council, the thesis compares these two texts with each other and also with the proposal for the directive KOM(2003) 46 final in their relevant parts. By doing this, it evaluates the directive and the czech act as the directive's implementation. This evaluation represents the secondary aims of the thesis. Comparison, analysis of factual articles and interviews with relevant experts practicising in the area show that by setting the damages as double the "customary" royalties, the czech Act in his § 5 ods. 2 represents a sanction, which confirms the hypothesis of the prevailance of an analogy between the czech provison and the punitive damages in american law. This fact creates scope for the hypothesis of existance of further analogies, the verification of which is the central aim of the thesis. Therefore, the second part of the thesis analyzes american provisions of the United States Code concerning copyright, trademark and patent law, and related caselaw. This is compared both to the directive and the proposal for it, moreover to the czech copyright Act number 121/2000 Sb. and in particular to the czech Act number 221/2006 Sb. The third part supplements the analysis of relevant czech court decisions. The second and third part identify similar and distinct elements of the provisions and reveal analogies in seemingly different institutes. Differences are spotted in the construct used to achieve the punitive function, furthermore between the terms "customary royalty" and "reasonable royalty" and also between the terms "bezdôvodné obohatenie", "infringer's profits" and "unjust enrichment". Conversely, an analogy is identified between the discretionary power of american courts to increase proven damages or determine statutory damages and the czech institute of "primerané zadosťučinenie" (appropriate satisfaction). The prevailance of prohibition of double recovery is another existing analogy between the american and czech law.
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Intellectual Property and its Protection
Kolková, Veronika ; Hejda, Jan (advisor) ; Přibyl, Karel (referee)
My bachelor thesis deals with intellectual property. Work is more focused on issues of trade marks, for what reason are trademarks rise, how are the methods of appreciation trademarks, and how tjey have a significant share in the intellectual property in our country and the world. Then explain function of the Industrial Property Office, which has a very important role in intellectual property. They also described some of the disputes relating to the protection of marks.
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Trade mark registration
Talich, Tomáš ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee)
The diploma thesis deals with chosen aspects of the trade mark registration with the view to the current and also previous Czech legislation, the Community trade mark and the international trade mark. It compares the requirements imposed not only by the public regulations but also by obligatory rules of trade mark offices on the applicant and it keeps under review the amount of administrative demands of the trade mark registration according to respective systems. The work concentrates on possibilities of the information sources relating to the trade mark registration, on formalities of the correct and complete submission of the trade mark application, on possible ways of communication with offices and on the formal and absolute ground examination.
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Intellectual Property - Case of Information Technology
Ždímal, Martin ; Ševčík, Miroslav (advisor) ; Císař, Jan (referee)
This theses analyses necessity and legitimacy of existence of intellectual property rights, especially patents and copyrights. There is shown the true essence of these instruments as monopoly privilege. On case of information technology I demonstrate that these privileges are unreasonable and counterproductive in many cases. Analysis of ?free software? alternative model proves that use of patents and copyrights is not a necessary condition of creation of intangible goods. The last part of this work shows, that existence of any special instruments for intangible goods protection is not needed as well as it is not reasonable.
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