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The relationship between rights of designation and unfair competition law
Krása, Jakub ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Relationship between rights of designation and unfair competition law Abstract This diploma thesis discusses the relationship between the rights of designation and the law of unfair competition. The main objective of the thesis is to acquaint its reader with the issue of both systems of protection and to answer the question of whether there is any relationship between them; if so, how to define the established relationship. The topic of this thesis is mainly processed from the perspective of the Czech legal order, but it is also complemented in appropriate cases with the connection to the foreign regulation of selected European states. This thesis is divided into three chapters, which are further divided into subchapters. In the first chapter, the author deals with the rights of designation. First, the group of rights of designation is placed within the system of intellectual property law. Subsequently, a list of specific rights that belong to this group is created, based on the described characteristics. However, the author also points to different opinions of legal theory regarding the content of the term rights of designation, which leads to distinction between the rights of designation in the strict and the broad sense. The following subchapters deal with the issue of trademarks, designations of origin...
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Inspiration and issues regarding creative continuity from a copyright law perspective
Taimr, Martin ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
Inspiration and issues regarding creative continuity from a copyright law perspective Abstract An omnipresent element in the emergence of copyright-protected works is the inspiration by the creative work of previous authors and creative continuity with its results. Yet in which manner does copyright law deal with situations when the personal imprint of the author in the form of a work is not exclusively the imprint of the sole author? Problematic in fulfilling the goal of fostering creativity remains establishing the regulatory balance between protecting existing works and protecting the possibility of freely creating new works. The topic of this paper is an analysis of non-contractual flexibility which copyright law offers to authors building upon previous works, including an evaluation of the current regulation. At first, the terms inspiration and creative continuity are placed in a copyright law context and the areas which are key to enabling non-contractual flexibility are identified. The thesis is divided into two pivotal parts, which contain ten analytical sections. The first part deals with an analysis of the definition components of a copyright protected work, which represent the general limits of copyright protection. The aim of this part is to outline the differentiation between copyright...
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Protection of e-shops from the point of view of intellectual property law
Lokvenc, Dominik ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
This work aims to provide a basic and practical overview of the means of protection of e-shops from the point of view of intellectual property law so that every founder or operator of the e- shop, their representative or employee, or any other reader who is interested in this topic, can get acquainted with particular intellectual property institutes and their eventual application to a specific e-shop. The first part of this thesis explains the basic terminology concerning both intellectual property law and e-shops themselves. In addition, the first part also discusses the characteristics of e- shops as a means of e-commerce. The concept of the first part should thus facilitate the understanding of a more detailed analysis of individual intellectual property institutes across the remaining parts of the work. The second part discusses the protection of e-shops from the point of view of copyright. The possibilities of copyright protection of the e-shop as a whole, as well as its individual elements are described. Individual aspects are then assessed not only from the point of view of Czech legislation, but also from the point of view of European Union law, including possible consideration of German case law or US case law. The analysis of each e-shop element is then accompanied by a series of practical...
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Legal Protection of Cloud Computing
Župčanová, Jana ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
The aim of the thesis is to examine the areas of cloud computing that presuppose legal regulation and to describe the existing level of this regulation in the Czech Republic. I focus on the issue of copyright and I also deal with the question of whether it is necessary to overcome the common understanding of copyrighted works as unassignable among things in the sense of law. The attention is drawn to two European directives dealing with the provision of digital content, digital content services and the sale of goods with digital elements that lack transposition. Last but not least, I ask whether it is necessary to conclude a license agreement for the provision of software via cloud. I want to contribute with my thesis to raising the legal awareness of SaaS users and providers. At the same time, my work can help students and practicing lawyers interested in the legal regulation of this area. With the chapter on the amendment to the Civil Code I would also like to address the legislative authorities with a contribution to the current discussion on the legal qualification of data. When studying the topic, I relied primarily on the relevant Czech literature, books on the subject of copyright and IT law, annotated legislative acts, academic articles and relevant case law. Using the descriptive method,...
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Software piracy
Kubec, Vojtěch ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
IN ENGLISH The purpose of my thesis is to analyze phenomenon called software piracy. The thesis is composed of seven chapters, each of them dealing with different aspects of issues related to the software piracy. Chapter One is introductory and defines term software. Chapter Two examines the software piracy. The chapter consists of seven parts. Part One focuses on basic definition. Part Two investigates software piracy in cyberspace. Part Three defines individual categories of software piracy and the reasons for them. Part Four explains and describes illegal software and illegal use of software. Part Five deals with restrictions on extent of rights of author to his software related to the legal license. Part Six is focused on sociocultural aspects of software piracy and impact of these aspects on the effectiveness of legal regulation. Last Part of this Chapter is dedicated to the public research on questions relevant to the software piracy. Chapter Three is subdivided into six parts and provides an outline of relevant legal regulations for protection of software. Part One contains basic demarcation. Next Parts are dealing with the protection of software with the relevant provisions of administrative law, business law and criminal law. Finally, it is also discussed on the patentability of software....
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A work produced by an employee, upon the order, and a collective work
Konečná, Miluše ; Císařová, Zuzana (advisor) ; Dobřichovský, Tomáš (referee)
A work produced by an employee, upon the order and a collective work Shrnutí / summary This thesis deals with juridical institutes of works produced by an employee, works upon order and collective works. Such institutes are characterized by entitling other person than author to rights to the author's work. These persons contribution to creation of the work rest on a noncreative investment into the development of original work - examples of such entities are employer or order party. Czech author's law belongs to civil law system of author's rights, which recognizes the natural person that created the work as the author. However, the protection of other person's private interests besides the authors' is strongly influenced by copyright system, which is characteristic for Anglo-American legal system. This thesis handles the Czech legal institutes in detail. Since the three institutes are interconnected they are dealt with the historical and comparative perspective. Furthermore, the approach of the Czech institutes is compared to analogous legal approaches of foreign countries. Employee's work is created by an employee within the scope of employment or similar relationship. The employee is the author of the work, and both moral and economic rights are vested in the author. However, the employer executes the...
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Software piracy
Metelec, Karel ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
69 Software Piracy As this thesis suggests, it is possible to only speculate about further development in the sphere of software piracy. While in the past households were proud of Internet access whose connectivity hardly exceeded 56kbps, information technology now develops at an incredible pace and organisations such as BSA can hardly measure up with it. Nowadays, downloading files via the Internet is quite an easy job for any average user and in my opinion it is beyond the capacity of any organisation to call on all these Internet users and frighten them, or to conduct with them expensive legal proceedings with uncertain and vague results. In my thesis I try to explain that the result of efforts in this respect should be, above all, co-operation amongst the relevant organisations, the government, software piracy specialists and software producers and that all these stakeholders should in particular focus on public education, trying to explain the basics of this problem, and on psychological prevention. As the use of the Internet expands, so does software piracy. It is better to change this situation by precise legislative provisions, on which the authors will be able to rely firmly, rather than by repression. This thesis is not intended to bring any fundamentally new view of copyright or a new view of the...
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Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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Exercise of copyright by a person other than the author(or author's heirs).
Poncová, Veronika ; Císařová, Zuzana (advisor) ; Dobřichovský, Tomáš (referee)
76 Summary Exercise of copyright by person other than the author (or author's heirs). Within the scope of my thesis, I tried to describe an exercise of copyright by a person other that the author (author's heir), according to the current legislation of the Czech Republic. I devoted the first part of the paper to a general copyright, which belongs to special personal laws, to wit to the group of the rights to the outcomes of the intellectual activity. The Czech Republic is among the countries with relatively long and rich tradition of protecting the intellectual property. In other parts of my paper, I analyzed the term author, which may only be a physical entity that created the work of authorship. With respect to the subject of my paper, I explained in detail the cartographic works of authorship, computer programs, and computer databases. Furthermore, I dealt with a creation and content of the copyright, personal rights, and property rights. The Copyright Act of the Czech Republic is based on a dualistic principle of distributing the rights to intellectual property. The personal rights terminate by the death of a person holding the right, and the property rights are transferred to the heir of a person holding the right. The fourth chapter of my paper is fundamental because it analyzes the legal exercise of...
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