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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Wild, Richard ; Žikovská, Petra (advisor) ; Křesťanová, Veronika (referee)
The main purpose of the graduation thesis is the analysis and evaluation of copyright legislation in relation to the responsibility of individual parties for its violation within the Internet. The thesis also contains an overview of formal legal resources of copyright law and also the legislation governing the information society. The problem of responsibility is also introduced in the light of selected case law, because due to not very detailed legislation in this area of law, the jurisprudence plays a very significant role. From my perspective the reason why I have chosen the topic "Internet and Copyright - the scope of liability of individual parties and modes of protection against piracy " for graduation thesis was definitely the topicality of the issue and the severity of the problem related to differences in interpretation in the context of case law. Last but not least it was the dynamic legislative development in this branch of law which attracted my attention. The thesis is divided into five chapters which are further divided into subchapters. In the first chapter it is discussed the phenomenon of the Internet, while the emphasis is primarily on general and legal definition of the Internet and other terminology. A certain part of this chapter also focuses its development and its...
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The use of a trade marks as a key words for searching in Internet
Vaňková, Zuzana ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Use of trade marks as internet search engine keywords Main purpose of my thesis is a comprehensive analysis of the issue of trade mark use as internet search engine keywords in relation to displaying advertisements on the internet search engine's websites, mostly from the point of view of the European Union law. However, I briefly address also legislation and jurisdiction in the USA. I chose the topic of my thesis mostly because it is one of the most discussed issues in the field of trade marks in the last few years, not only thanks to its significant economic importance, but also because of the challenge which this issue brought to the law practice. This completely new form of trade mark use was not anticipated by applicable law and it caused many debates regarding basic principles of trade mark protection. The thesis is composed of eight chapters. The first chapter is an introduction. Chapter two provides basic insight into the issue of keywords. The system of internet search engine functioning and keyword advertising is introduced. This chapter also addresses the economic importance of keyword advertising and possible conflicts that may arise when trade marks are used as keywords. Chapter three analyses trade mark legislation with focus on Community trade marks. The scope of rights of trade mark...
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Protection of industrial property and international law.
Potecká, Patrícia ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Resumé - English language The topic of this thesis is the protection of industrial property and international law. The aim of the thesis is to provide an overview of the international treaties governing the law of intellectual property. The focus of the thesis also includes the current issues within this area of law. The introduction focuses on current dynamic development of the society and technology and the need for flexible legal framework in relation to protection of the industrial property, capable of addressing such dynamic development and changes. The first chapter includes definitions of terms concerning intellectual and industrial property, brief history and the philosophical origins of intellectual property. The second chapter describes important international organizations active in the area of industrial property and their mutual relations. This chapter also describes more in detail the two historically most important international documents - Paris Convention and the TRIPS Agreement and their most important principles. The end of the chapter deals with the status of the European Union and its legal norms in the area of industrial property. Chapters 3 - 7 gradually focus on individual objects of industrial property law protection. Firstly I deal with patent protection, its particular...
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Copyright and the Internet-the European legislation and its impact on enforcement of copyright
Galajdová, Dominika ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis focuses on European copyright legislation and its impact on national laws. The aim is analysis and description of EU legislation and relevant case of the CJEU as well as comparative study of Czech Republic, UK and Ireland. The structure of this thesis is composed by five chapters. The introductory chapter concentrates on the concept copyright and its international aspects. There is brief description of copyright and its main features with regard to the relevant international treaties. Moreover, there is analysis of differences between copyright law and authors right system. Consequential chapter deals with a development of digital technologies. It considers an influence of such technologies as the WWW on the copyright protection. This chapter closely describes an international legal instrument, which were amended in the course to respond the challenges posed by such technologies on copyright law. The third chapter covers the European Union legislation and it splits into 6 Sections. The explanation is focused on secondary law of the EU, upcoming EU legislation in field of copyright law as well as liability of the ISSP under existing EU law. The fourth chapter provides closer examination of the EU case law delivered by the CJEU. Especially, it focuses on the enforcement of copyright and...
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The use of a Trademarks as a Keywords for searching in Internet
Hrubeš, Marek ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Use of trademarks as keywords for searching the Internet The purpose of this thesis is a comprehensive analysis of the use of trademarks as Internet search engine keywords to trigger advertisements that are displayed on search result pages. The main part of the thesis is devoted to legislation and case law in the US. However, for the comparative purposes, I also address developments concerning keyword advertising in the EU. I chose this topic because it combines traditional elements of law with modern technologies. Moreover, despite its significant economic and legal impacts, I consider this topic as insufficiently researched in the Czech Republic. This thesis consists of six chapters. The first chapter is devoted to a general introduction to trademarks, including the history of trademarks, current legal definitions of trademarks as well as legal frameworks of trademarks law. This chapter also focuses on an element of trademark distinctiveness and analyses functions of trademarks. Last but not least, it also describes basic classifications of trademarks and provides their examples. The second chapter introduces the issue of keyword advertising. It focuses on a description of the operation of Internet search engines, keyword advertising programs and AdWords' current policy. The third...
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Copyright protection of databases
Buzu, Daniel ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The topic of this thesis is copyright protection of databases. The aim of the thesis is to find out, via comparison of the different legal systems, if the European legislation of legal protection of databases is proper, adequate and if it reflects the current needs of the European society. The thesis contains a brief historical description leading to the current legislation. Next to descriptive and comparative method of research author uses also analytical method of research for analyzing the legislation and provides to readers his own opinion toward the chosen topic. The thesis deals with the European Union and USA legislation in the field of database legal protection. As for European legislation, the author puts emphasis on copyright law protection and on so-called sui generis right. The thesis consists of Introduction, Conclusion and another 9 chapters. The second chapter provides the basic terms and problems of the topic. The third chapter contains international treaties relating to databases. The following three chapters relate to the European Union legislation, where the author describes the historical process leading to adoption of directive on the legal protection of databases in 1996. This directive is analyzed and the author articulates his opinions toward the directive. Chapter number...
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Copyright protection of databases
Šenkyřík, Boris ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The thesis focuses on the phenomenon of databases from the normative viewpoint; it examines them with respe to the legal issues, main stress being placed on the prote ion granted to databases by the intelle ual property law and on their incorporation in the legal system of the Czech Republic. The merit of the thesis can be seen in elaborating on decisions of the Court of Justice of the European Union regarding the harmonised regulations and in drawing a comparison to the provisions of the dire ive on legal prote ion of databases (or rather the Copyright A ) and analysing the impa of the decisions. The thesis is organised into eleven chapters, Chapter Two providing a brief introdu ion into the topic of databases, Chapter Three looking into the international-law aspe of databases. The core of the thesis lies in Chapters Four to Chapter Eight which give an insight into the European law, its secondary sources followed by a discourse on the dire ive on the legal prote ion of databases, regarding the copyright element and sui generis right as well as a criticism of the dire ive resulting in it being reviewed by the Commission. Chapter Nine pays attention to alternative means of database prote ion. The nal chapters evaluate the current state in the eld of database prote ion and suggest possible suitable...
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The Internet and copyright - modes of the use and scope of protection of a work
Šimíček, Miroslav ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The aim of this thesis is to legally define modes of the use of works on the internet and means of protection of works. To that author adds very basic technical knowledge so that reader can gain better insight into the raised issue. Author's main focus is of course dedicated to Czech legislation. However since we are part of European Union and the intellectual property law is important for functioning of the internal market, author puts great emphasis on the case law of Court of Justice of the European Union. The work is divided into four parts. This division doesn't include Introduction and Conclusion. In the first part that's called Internet and copyright law author generally defines basic concepts such as internet, work or non-contractual usage. In the second part entitled Modes of usage of the work the author is concerned with legal definition of individual use of works on the Internet. Author considers this part to be the most important from the perspective of the topic of the thesis. Author always provides a brief technical introduction to the topic, followed by a legal analysis under Czech law and at the end of each chapter seeks legal analysis of the issue in the light of the case law of the Court of Justice of the European Union. The author is gradually concerned with giving access to...
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Liability of internet servis providers for copyright infringement on the internet
Mlynář, Vojtěch ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
This paper discusses the history and recent developments pertaining to ISPs' liability for copyright infringement in the European Union. Section I. explains ISPs' basic roles on the Internet, discusses practical grounds justifying a special liability regime for ISPs and outlines the EU legal framework providing safe harbor provisions for ISPs' liability and transposition of these rules into the legal system of the Czech Republic. Section II. describes how judicial decisions in the EU Member States eroded safe harbor rules and how these decisions were subsequently overturned by the Court of Justice of the European Union (CJ). The section continues with an examination of the latest judgment of the CJ in UPC Telekabel Wien concerning new rules (or lack thereof) for website-blocking injunctions. Section III. discusses notable examples of EU Member states' legislation or legislative proposals which aimed to put a stop to "online piracy" and copyright infringement. Considerable part of this section analyzes the recent controversial system set up by the Italian communications regulator AGCOM. Section IV. describes examples of increasing voluntary collaboration between ISPs and content owners, which has the potential to effectively combat online piracy and benefit all parties involved. Section V. explores...
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Non-contractual legal institutions of the use of copyrighted work
Kulacká, Viktorie ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
- English The thesis deals with the issue of non-contractual legal institutions of the use of copyrighted works. It describes the ways of use of copyrighted work without the contractual arrangement with the author. Namely, I talk abou the free use and statutory licences. The statutory licenses, which are the major focus of the work, are divided into chargeable and free-of-charge statutory licences. I also entertain the interpretation of the so-called three-step test. In the thesis, I also deal with issue of copyright law in general.
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