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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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Convergence of Copyright and Trademark Protection
Holub, Lukáš ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangible property. The author also deals with current conception of ownership in Civil Code. Following chapters are based on the principles of civil (continental) law concepts of copyright law and industrial property law established in this part. Subsequently the regulation of copyright protection and trademark protection is discussed in two separate chapters. Those chapters are divided into identical sub-chapters to highlight similarities and differences of both legal institutes. The focus is on subjects of both protections, their beneficiaries, formation, content, duration, means, limitations, international context and the issues of licensing. In the chapter devoted to convergence, various situations which might occur...
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Global system of protection of intellectual property: purpose and role of WIPO and WTO
Šmíd, Vojtěch ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
The thesis is focused on a specific area of intellectual property field, namely the system of protection of Intellectual property whose current form has been shaped by the international organizations, especially by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). There has therefore been allocated extra space in the thesis to make the reader familiar with these respective organizations, especially with their organizational structure, decision-making procedures and activities. Important part of the thesis is analysis of current relations between WIPO and WTO, including its negative aspects. The thesis also contains section devoted to possible future development of the relations between WIPO and WTO.
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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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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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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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Violation of Authors' Rights Using Cyberspace
Křížovská, Kristina ; Gřivna, Tomáš (advisor) ; Šelleng, Dalibor (referee)
Violation of Authors' Rights Using Cyberspace Abstract This diploma thesis describes violation of authors' rights in cyberspace, especially the most common ways of committing this crime. The thesis is divided into five parts. The first chapter contains a general introduction to the topic, it defines the basic concepts (such as computer and related terms of hardware and software, internet, cyberspace and cybercrime), which serve as a basis for other parts of the work. The second chapter deals with copyright as such. It explains the concept of copyright work and describes the individual rights of the author. Given the nature of this criminal activity, it is not possible to limit the interpretation to the criminal law regulation. The second chapter thus indicates what rights of the author are affected, which works are subject to copyright infringement, which works are excluded from copyright protection and, finally, what are the limitations and exceptions to copyright. The third part is followed by a brief overview of the legislation that can be applied to the area of copyright (or generally to cybercrime). This includes national (Czech), European and international legislation, as it is an issue that in many cases crosses national borders. The fourth part of the thesis is a crucial part, because it deals with...
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The Language of Patent Documentation
Gubernát, Tomáš ; Sučková, Magda (referee) ; Smutný, Milan (advisor)
Odvětví duševního vlastnictví se může na první pohled zdát velmi komplikované. Tato bakalářská práce je zaměřená zejména na problematiku duševního vlastnictví z pohledu výzkumu a průmyslu, ale také i na jazykový diskurz patentové dokumentace. Má sloužit jako souhrn důležitých informací a orientační návod zejména pro potenciální uchazeče o patenty či jiné druhy duševního vlastnictví, ať už z řad veřejnosti či akademického světa. Nedílnou součástí této práce je analýza nuancovaného jazyka patentové dokumentace, a náhled na možná úskalí při tvorbě žádosti o patent, během procesu získávání patentu nebo i jeho ztrátu.
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The Term of Protection of Copyright under Copyright Act and Application for Calculation thereof
Sádovský, Matúš ; Míšek, Jakub (referee) ; Myška, Matěj (advisor)
This bachelor thesis is focused on copyright and related rights. Specifically it aims on term of protection of economic rights to them. Obtained theoretical knowledge about aspects of copyright and related rights are subsequently utilized for design and implementation of web application. At the beginning of thesis is canvassed subject of protection of copyright and also there are mentioned moral rights. Second chapter deals with international relations within term of protection of copyright and related rights regulations. First of all is clarified protection of foreign nationals provided in Czech republic territory, continuing by describing important regulations at international and EU level. The main part of thesis introduces term of protection regulations within territory of Czech republic based on current wording of Czech republic copyright act. There are mentioned in detailed essential aspects of term of protection determination and in the meaning of that, thesis express way of calculation of this term for different subjects protected under copyright act. There is also described impact of international agreements on copyright act and changes based on European Union law. Practical part of thesis is dedicated to designing and making of web application intended to determine whether a subject is under the protection in territory of Czech republic. Initially, the subject of matter is exploration of available similar tools and subsequently designing of own algorithm and implementation of „calculator“. Building on that are introduced visualization and functionality of created application.
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IP law in computer games
Tauber, Matyáš ; Dobřichovský, Tomáš (referee)
Intellectual property in computer games Abstract The topic of this thesis is the issue of video games in intellectual property rights. Although their economic potential is the largest of all sectors of the leisure industry, there are many unanswered legal questions on this issue. The work focuses on intellectual property, especially on copyright, but also on industrial property rights. The focus of the thesis is the legal analysis of individual elements of the video game, their legal classification and subsumption of the video game as such under the legal regulation of the Czech Republic. At the end of the thesis are reflections de lege ferenda on how a video game should be regulated in the Czech law. The work is divided into eight parts, chapters and subchapters. The first part of the thesis is devoted to the video game industry and its situation in the Czech Republic. The second part defines the concept of video games, which is not reflected in Czech law. Part three comprises of inclusion of video game under the existing Czech legislation. The following fourth part of the thesis is the structure of the video game and the definition of its elements. The fifth part of the thesis analyzes the authorship of the video game, how it originates, to which parts of the video game the authorship applies and to what...
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