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Trade mark law and the issues of parallel imports under Czech law
Fišerová, Eva ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...
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Design protection
Očenášková, Barbora ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This paper discusses the design and the possibilities of its legal protection at national, European and international level. The first section defines the concept of design, its role in today's world, its characteristics and the different kinds of design. The recently adopted Civil Code expanded the definition of things in the legal sense by including into this category also intangible assets. Thus, the paper deals further on with the change in the legal concept of design newly considered to be an intangible thing. In the following paragraphs the focus is on intellectual property rights and its individual components. Briefly defines the scope of copyright, industrial property rights and their differences and principles. A substantial part of the work focuses on design protection. The first part of this chapter deals with the possibilities of legal protection in the Czech legal order. Mentions protection through institutes of copyright, trademark, unfair competition and industrial designs, compares the relationship of these institutes and their concurrence. The legislation of industrial designs is then analyzed in detail, both in terms of the Czech Act no. 207/2000 Coll., On protection of industrial designs, and in terms of international treaties. The paper than comments on European regulation of...
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Legal protection of design by Community designs
Bielanová, Markéta ; Svobodová, Magdaléna (advisor) ; Dobřichovský, Tomáš (referee)
The subject of this thesis is the introduction to legal protection of industrial design at EU level through Community design, and comparison of Community design with other types of legal protection available. The thesis is divided into two parts. The first part explains the terms 'design' and 'Community design', while the second part compares Community design with other industrial design legal protection systems. The second part also provides a description of how both Community design and other legal protection systems may be applied concurrently. The first part opens with a definition of the term 'design', and then describes design's relation to intellectual property and industrial design rights. Afterwards, a brief overview of the legal regulation for industrial design protection at national, international, and EU level is presented, and a characterization of institutions that provide design protection at each of the levels, respectively, is given. The key element of the first part of the thesis is a detailed analysis of Community design. The terms 'registered' and 'unregistered Community design' are thoroughly defined, and their common features as well as differences are described. Furthermore, conditions necessary for Community design registration are listed. Finally, a description of the...
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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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Digitisation of Copyrighted Works
Mackovičová, Michaela ; Dobřichovský, Tomáš (referee) ; Holcová, Irena (referee)
Digitisation of Copyrighted Works The thesis deals with the issue of digitisation of copyrighted works. The aim of this work is to provide a comprehensive account of the digitisation phenomenon in relation to copyrighted works from the point of view of the Czech Copyright Act and to analyse two digitisation projects to identify practical issues and, if possible, solutions to these. The text is divided into five chapters, each of them dedicated to a different aspect of the topic presented. The first of the two introductory chapters focuses on the legal institute of copyrighted work as defined by the Copyright Act of the Czech Republic. The five subchapters analyse the concept of copyrighted work, examine legal fiction expanding the set of protected objects and specify the respective protected objects within the category of copyrighted works. The two subchapters comprising the following chapter study the phenomenon of digitisation from the factual point of view. The first subchapter describes the concept of digitisation, focusing on technical aspects, while the second one makes distinction between the digitisation and born-digital materials. The third chapter provides ground for merging the legal aspects of copyrighted works and the factual aspects of digitisation into the key issue of digitisation of...
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