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Protection of creative industrial property rights and international Law
Beneš, Ondřej ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
- 1 - The protection of the creative industrial property rights and international law The topic of submitted thesis is "The protection of the creative industrial property rights and international law". Its aim is to analyse the regulation of creative industrial property rights from the international perspective. The thesis is divided into two main parts. In the first one I have described the history of international cooperation in the field of industrial property protection, the milestones to be emphasized are the Paris Convention for the Protection of Industrial Property Rights (1883), the Convention Establishing the World Intellectual Property Organization (1967) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994). Some attempts of regional cooperation are briefly discussed, especially those in Europe (European Union, European patent organization), but others in the Eurasian area, Africa, Asia, South America and other parts of the world as well. The second part of the thesis is focused on the individual types of creative industrial property rights. The most important is the patent protection, besides the Paris Convention and the TRIPS Agreement there are some other relevant legal instruments, such as the European Patent Convention, the Patent Cooperation Treaty, the Patent...
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Collective administration of copyright and neighbouring and relating rights
Pujman, Martin ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
63 9. Resumé - Collective management of author's and neighboring rights Key words: collective management; author's rights This thesis is focused on phenomen of collective administration of authors' and neighboring rights. Collective way of administration of intellectual property is a traditional method how the right holders can collect the royalties in order to be rewarded and how the right holders can be able to enforce their rights. Some advantages derived from Collective administration can also bring a benefit even to common users. Collective administration organisations are non-profit civic associations, which are controlled by bodies of state authority. This allows such associations to secure second but not secondary purposes of collective management, which are seen in their cultural and social function. With constant developement of information technologies, new possibilities how to percept conception of collective administration of authors' rights occur, especially through the so called digital rights management technology. The goal of this thesis is to describe basic institutes of collective management of author's rights, designate new challenges in the area of collective administration of author's rights and try answer the question of efficiency and benefits of collective way of administration of...
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Digital media and the administration of copyright
Malý, Jiří ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
English summary Digital media and the protection of authors' rights Law is not a panacea. Although it lays down rules of human conduct, it cannot guarantee they will be observed also in practice. The decision whether we will conform to these rules depends only upon our choice. For example, the law stipulates the speed limit for motor vehicles. However, this measure it-self does not hinder driving faster and it is obvious this is happening frequently on our roads. In the situation when the law alone is not able to prevent the interference with the protected interest, it is appropriate to employ additional non-legal instruments to supplement this protection. In the mentioned example, it can be a media campaign notifying of the possible consequences of fast driving. Another eligible solution is the exercise of technical measures which would exclude the breach of legal norms or at least make it substantially difficult. The car would, for example, receive a signal designating the speed limit at a particular place which could not exceed. Such measures are not limited only to the protection of public law rules but can be used by private persons to protect their own property. Similarly, we lock doors from our house every day, although the inviolability of entry into dwelling is protected also by law. It is...
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An outline of special regimes of protection with respect to individual types of copyrighted works including a comparison with general protection
Gelner, Radim ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Radim Gelner Overview of specific modes of authorial work protection including the comparison with the general mode of protection - Diploma Thesis Summary In this thesis we analyze specific modes of protection of authorial works provided by the Czech Copyright Act 121/2000 Sb. as amended. These specific modes of protection are invoked either by the type of authorial work (for example computer programs) or by legal circumstances at the time the authorial work is created (for example existing employment relationship). In the first part of the thesis we discuss the parties of intellectual property relationships. Although the author is the primary party of such relationships there are other subjects as well such as heirs, employers, licensees, movie producers etc. We briefly describe the natural rights and the property rights of the author relating to the authorial work and modes of their transferral to other subjects of the intellectual property relationships. Then we follow up with the description of authorial work as a subject of intellectual property relationships. The legal definition of authorial work is provided and analyzed as well as specifics of various kinds of authorial works and modes of its creation (such as joint-authorship). In the third part we discuss the content of natural and property rights...
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Non-contractual institutions of the use of a copyrighted work
Frantová, Zuzana ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Mimosmluvní užití autorského díla 71 Limitations and exceptions to copyright protection The purpose of my thesis is to outline the main limitations and exceptions to copyright protection that exist under the czech copyright law, international law and european law. The reason for my research is that limitations and exceptions are the most important legal instrument for reconciling copyright with the individual and collective interests of the general public. The thesis is composed of six chapters, each of them dealing with different aspects of exceptions to authors' rights. Chapter One is introductory and describes copyright in general. The chapter two and three defines the most important international conventions and community legislation. Next chapter is dealing with limitations and exceptions to copyright protection that exist under czech copyright act. This chapter is subdivided into six parts. Part one describe the three-step test, which is a main condition of limitations and exceptions. Part is about making author's work public. Part three describes system for author`s work for which the period of duration of economic rights has expired and only the author's moral rights remain. This work may be utilised by anybody without any further provision. Part four deals with free uses of author's work which...
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