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Changes in EU trademark law and their reflection in Czech trademark law
Kudýnová, Olga ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Changes in EU trademark law and their reflection in Czech trademark law Abstract This thesis deals with the recent reform of EU trademark law and its impact on Czech trademark law. Main goals of the thesis are to summarise the changes introduced by the reform, analyse in detail the individual legal institutions most impacted by the reform, explain newly established legal institutions, examine how the changes in EU trademark law impacted Czech trademark law, and assess whether the changes represent a step in the right direction. The first part serves as a general introduction to trademarks and it characterises them mainly by their specific functions. The second part illustrates the evolution of international trademark law by brief examination of the most significant treaties and conventions. The international trademark law provides important context for understanding the EU and national trademark law. The third part focuses on Czech trademark law. It compares the differences regarding the individual legal institutions before and after the reform. The most substantial changes concern the legal definition of trademarks, new types of trademarks, collective marks, grounds for refusal of registration, and also procedural changes regarding the registration and the proceedings in relation to revocation or...
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Trademark - grounds for refusion
Pflanzer, Alice ; Dobřichovský, Tomáš (referee)
Trade mark - grounds for refusal The aim of this rigorous thesis is to provide a legal analysis and interpretation of the grounds for rejecting protection for a national trademark, focusing on the decision-making practice of the Industrial Property Office (ÚPV), the Czech court decision-making practice and the case law of the Court of Justice of the EU. For comparison, the grounds for rejecting protection under the European trademark system is presented in the introduction of each sub- chapter analysing the individual grounds for rejecting protection under the Trademark Act. The method used when writing the rigorous thesis involved studying written sources, that being professional literature, articles or commentaries to laws, with an emphasis on administrative court decision-making practice in the field of grounds for rejecting trademark protection and their subsequent interpretation. The rigorous thesis is divided into five chapters. The opening two are preparatory chapters. These chapters are focused on a historical excursion into trademark law in the Czech territory, with an emphasis on developing the reasons for rejecting protection over time. To a large extent, the rigorous thesis' preparatory part also focuses on the major amendment made by Act No. 286/2018 Coll., which substantially changed...
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Software Piracy
Hostin, Jaroslav ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
This diploma thesis deals with the phenomenon of software piracy, which is still an unsolved problem on which rights holders lose a significant amount of financial resources. In this work, the emphasis is mainly on the analysis of current domestic legislation and jurisprudence, including related EU legislation and the jurisprudence of the Court of Justice of the European Union, however, with an explanation of the necessary historical and technical connection with the given topic and with an outline of the practical functioning of piracy circles. From a formal point of view, the work is divided into five chapters, which I further divide into individual subsections. The first chapter briefly presents the history of software development along with the necessary definition of the terms "computer program" and "software", which, due to the intercontionality of the issue, are not identical. The second, comprehensive chapter is devoted to the general regulation of copyright, whether in terms of international law or the law of the European Union, but with great emphasis in relation to computer programs, and at the same time the most commonly used technical means of protecting computer programs are described here. The third chapter is focused on the disposition of rights to computer programs and individual...
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Copyright law and advertising
Boštičková, Aurora ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
Copyright law and Advertising This thesis deals with copyright law, a branch of law belonging to the field of intellectual property law, as well to intangible goods, and as a second topic it deals with advertising. The aim of the thesis is to introduce the reader firstly copyright law, advertising and then to unite these two main topics and last but not least to deal with prohibited advertising. The core of the thesis is to connect copyright law and advertising, specifically the subject of copyright, which is the copyright work, and advertising, and to highlight the use of specific copyrighted works in advertising. The thesis is divided into an Introduction, a General Part consisting of 8 chapters, a Special Part dealing in two chapters with decisions of Czech courts and a Conclusion. The first chapter deals with the concept and classification of copyright law, its origin, content and object. The second chapter provides an overview of international, EU and Czech sources of legislation. The third chapter deals with the concept of advertising, its types and legal regulation of advertising. This chapter is logically followed in Chapter Four by advertising entities, which are defined by the Advertising Regulation Act, and Chapter Five, which follows it, and deals with supervisory authorities defined by...
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Distinctive character of trademarks and related institutes in the light of European Union law
Brunclíková, Lenka ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
1 Distinctive character of trademarks and related institutes in the light of European Union law Abstract The topic of this rigorous thesis is Distinctive character of trademarks and related institutes in the light of European Union law. Trademarks have become an indispensable aspect in commercial relations. Every successful entrepreneur should invest in and protect his goods or services by means of trademarks. Trademarks are a very effective tool that can provide information that enables consumers to make informed choices about the products and services that are protected by trademarks. However, in order for a trademark to be registered and thus provide the required protection, it must have sufficient distinctive character to enable it to distinguish the goods or services of one entity from those of another. The aim of this thesis is to analyze the legal issues relating to the distinctive character of trademarks and related topics, in particular from the perspective of European Union law. In order to meet this objective, the thesis is divided into four parts. The first part deals with the historical development of trademarks, from the ancient period through the first international agreements to the EU regulation. The second and main part analyses the distinctiveness of a trademark, explaining the difference...
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Trademark registrability
Tkadlec, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The purpose of this thesis, entitled Trademark registrability, is to provide a general overview of otherwise extensive issue of trademark registrability, in particular the legal regulation contained in the Trademarks Act after the entry into force of the Big novelization Trademarks Act. This thesis consists of eleven chapters in total, with each chapter focusing on a different aspect of trademark law in relation to the topic of the thesis. The content of the first chapter is an introduction to the historical development of trademark law from the period of the emergence of civilisations to the modern concept of trademarks as we know it today and the integration of this institution into the intellectual property rights of which it is a part. The second chapter deals with the very concept of trademark, in particular what a tradmark is and what kind of sign is eligible to be a trademark, or what requirements are placed for such signs. The chapter further divides trademarks into two main categories, the traditional trademarks, which are trademarks capable of graphical representation, and non-traditional trademarks, where the requirement of graphical representation has been waived. The third chapter describes conditions under which the registration protection is granted to trademarks in Czech Republic in...
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Public Licences
Schwarz, Vojtěch ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
Public licenses Abstract This master thesis aims to provide a comprehensive overview of the legal concept of public licenses and the issue of free (libre) and open source software. To achieve this, it analyzes all relevant legislation, both on a national constitutional and statutory level, specifically the Czech Civil Code and the Czech Copyright Act, and on an international level through the relevant legislation of the European Union and international treaties signed by the Czech Republic. In addition to the analysis of legislative acts, it deals with the relevant judicial decisions of foreign countries, since no such decisions were yet made by Czech courts. Apart from the above mentioned, the most important analysis consist of an in-depth dive into the wording of the license terms of selected licenses, namely Creative Commons and its variants, the GNU General Public License (versions 2.0 and 3.0), the BSD License and the MIT License, all of which apart for the Creative Commons licenses were selected due to them being the most used public licenses based on data from the online open source software repository Sourceforge. The thesis consists of three main topical areas, each of which forms an important part of the comprehensive analysis of the legal concept of public licenses. The first offers an overview...
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Fanworks and Copyright
Macáková, Michaela ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Fanworks and Copyright Abstract Fan works are works of authorship created by fans of a preexistent work from which they adopt characters, plots and worlds, and are distributed especially via the Internet. However, by doing so, the fan-author may infringe upon the copyright of the author of the preexistent work. The thesis Fanworks and Copyright introduces fanworks from a copyright perspective and starts a discussion whether current copyright statues are still appropriate in the era of massive growth of the Internet and online creative fan communities. Although it is not possible to state in general that fanworks infringe upon copyright, as there are multiple factors to take into account (what elements the author-fan adopts from the preexistent work, whether the author of the preexistent work has given consent for such use, whether the term of protection of the preexistent work has expired and whether there is a statutory exception), it can be stated that a large number of fanworks use copyrighted elements from preexistent works without the authors' consent, and since there is no exception in the Czech (and European) legislation that can be applied to fanworks, copyright is often being infringed upon. The complexity of the legislation and the legal uncertainty associated with its inconsistent application may...
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Comparison of patents and trade secrets as possible ways of protecting intellectual property rights
Roučková, Kateřina ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Comparison of patents and trade secrets as possible ways of protecting intellectual property rights Abstract The thesis Comparison of patents and trade secrets as possible ways of protecting intellectual property rights compares the institutes of patents and trade secrets and highlights their individual positives and negatives. It first addresses the question of whether both protection through patents and trade secrets can be alternatively applied to the same subject matter. Subsequently, since in the case of patents, the law specifies the subject matter which cannot benefit from such protection, it discusses whether or not it would be appropriate and possible to protect those particular subject matters through trade secrets. The thesis also compares the various defining features of the two institutes. The second part discusses the differences in the acquisition and disposition of patents and trade secrets, focusing on the process of obtaining patents, the scope of protection afforded by a given intellectual property right, and the ways in which these forms of protection are extinguished and revoked. This highlights the administrative and financial complexity that accompanies protection through patents as opposed to the informalized protection of trade secrets. In the last part of the thesis, the...
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