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Patent, protection of originality or limitation of the competition ?
Kodad, Jiří ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
This master's thesis deals mainly with the interface between patent law and competition law. The main objective is to provide the reader with a complex patent law overview and explanation of basic concepts related to intellectual property law, with a pivotal focus on patent law. In order to do so, author examines how national legislation contained primarily in Act no. 527/1990 Coll., On Inventions and Rationalization Proposals, as amended works and then analyzes Paris Convention and other treaties, which still remain to be the cornerstone of the international law. After introduction to a patent protection there are examined three of the most significant patent systems in the world - European Union, United States of America and Japan and their respective approaches to patent protection. In addition to exploring limits of a patent rights protection, there are explained doctrines relating to intellectual property rights, with closer attention to patents. Another objective of the work is the analysis of patent law's interface with the competition law. As part of this examination there is paid attention mainly to the abuse of a dominant position through the exercise of patent rights, essential facilities doctrine and FRAND licensing. In conclusion, the author tries to critically assess what the current problems...
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Moral rights in copyright and their development during the existence of copyright protection
Češka, Miroslav ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of this master's thesis is to probe into copyright, especially the moral rights that are inevitably included. Due to the complexity of terminology in intellectual property law, which includes the copyright, it is first provided an overview of intellectual property rights and somewhat as highlighting of some changes that were caused by the adoption of the new Civil Code, particularly with regards to the change of perspective in the conception of a thing in a legal sense. After this lets say general introduction to intellectual property rights the main focus passes to the definition of basic copyright terminology and there are outlined the principles by which is our copyright controlled. For a better understanding of moral rights in copyright it is explained what the nature of those rights actually is, together with the definition of basic approaches to moral rights and property rights as well and of course in relation to differentiation from general personality rights, i.e. those that lack the aspect of the creative nature. Due to the recodification of private law, especially the inheritance law, it is also pointed out that according to the current regulation author's commands not to disclose his particular work is not for the purposes of inheritance proceedings just a wishful thinking, but...
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International licensing contracts
Gardlíková, Monika ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The goal of this thesis is to analyze international license contract institute, the function and the position it occupies in the sphere of international business with incorporeal goods and legal regime which it, on the level of the Czech rule of law and European Union law, is subject to. The thesis consists of four parts. The first part focuses on the institute of contractual license in general. It outlines its conception and basic definitional framework. It reflects the function and the position which the institute of license contract occupies in the Czech rule of law as well as its shift within the framework of Czech private law recodification. It presents diverse typology of contractual license and in the process it thoroughly focuses on its modifications, respectively on marginal agreement models such as franchise agreement and know how agreement. The second part of the thesis continues with text dedicated to the institute of license contract with international element. It presents its general classification and it also analyzes sources of its modification. The third part of the thesis treats legal regime which the international license contract is subject to, and the focal point of the text lies in the union modification included in the Rome Convention and in Regulation Rome I. The problem is discussed...
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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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Copyright in the aspects of television broadcasting
Rennerová, Zuzana ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
This thesis deals with copyright issue in the field of television broadcasting. Regarding the topic extend, the thesis does not examine all the issues down to the least detail. Neither it mentions sociological aspects of the legal matter, nor elaborates findings from the field of media communication and television production. The submitted text tries in nine chapters to present a summarising insight into copyright from the view of television production as per legal status on June 30th 2011. First, the analysis of the valid right is carried out by means of interpretation, grammar- language, word meaning (semantic), systematic, theological, logical and historical methods. The findings gained are then processed by means of a comparative method. However, the text also takes into consideration former copyright regulations as well as relevant provisions of the international copyright and EU law. A great attention is paid to doctrinal interpretations and to judicature in the limited extend as well.
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Intellectual Property Rights in the Theatre Practice Context
Hájková, Martina ; SRSTKA, Jiří (advisor) ; JAKL, Ladislav (referee)
This master thesis is focused on the intellectual property rights in the context of theatre practice. Its aim is to analyse the area of intellectual property rights and to show that intellectual property rights do not end with copyright, but it is just a beginning.
The results are answers to following research questions: What are intellectual property rights and what does this term include? How are intellectual property rights applicable within the theatre practice? What are the basic types of protection when these rights are violated in the theatre / by theatre?
The diploma thesis is composed of three main chapters, in which I progressively try to find answers to the above mentioned research questions. The first chapter is focused on the intellectual property rights and on their definition, including their terminological distinction from similar definitions, and analysis of that area. The second chapter introduces selected areas of intellectual property rights that are relevant for the theatre practice, and these selected areas are illustrated by examples. The third and last chapter outlines some of the basic mechanisms in the protection of intellectual property rights.
The conclusion summarizes the findings and on their basis it tries to answer the research questions on their basis.
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Legislative Protection of Results Arising from University-Industry Collaboration
Vondra, Marek ; Šedivý, Michal (referee) ; Máša, Vítězslav (advisor)
The thesis deals with a legal protection of results of research and development activities, which runs in collaboration between a university and an industry partner. At the first part of the thesis basic terms are explained, related legislation is introduced and important institutions from the field of intellectual property rights are mentioned. The thesis also describes a legal status of the research and a development center, lists various ways of results protection and provides an introduction to contractual obligations. The technical part contains a calculation of energy and water consumption in the Laboratory of energy intensive processes. Finally, all information provided is used for a preparation of the collaboration agreement draft between the university and the partner from the application area.
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Songwriters and copyright and other related rights of performing artists and the way they exercise them in their practice
Horníčková, Gabriela ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
This thesis is focused on copyright as it is exercised by musicians. The goal of this thesis is to find out more about the Czech copyright law awareness among the existing as well as future songwriters and other performing musicians and artists. Based on answers provided by particular respondents musicians as well as anonymous respondents from among those who study music and arts, the thesis attempts to find a solution, elements and changes to an amendment to the copyright law so that musicians and performers could pursue their jobs better, and the law would reflect their views on the particular topics. The goal is to find out how deep the copyright awareness among the musicians and artists is, what particular difficulties as well as advantages arise from the law, and what changes could be incorporated into an amendment to the copyright law.
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