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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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License Agreements concerning trademarks
Dráb, Ladislav ; Kříž, Jan (advisor) ; Dobřichovský, Tomáš (referee)
The thesis deals with license agreements in relation to trademarks, specially the trademark license agreement. The thesis contains in its theoretical interpretation of the concept and sources of the license agreement. There are also analyzed various types of license agreements, including modifying the license agreement in the new Civil Code, and related types of contracts as a franchising or merchandising. Another interpretation is more concerned with trademark and trademark license agreement with regards to contentious issues. The part of the thesis are some of the issues of competition law and criminal law in connection with trademarks.
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Current Patent Strategies in Pharmaceutical Industry and their Impact on EU Competition Law Policies
Molitorisová, Alexandra ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
The thesis reviews current patent strategies of original pharmaceutical companies and their tangled role in the fabric of European pharmaceutical innovation and competition. It addresses several components of the European pharmaceutical industry such as regulatory framework, patent filing and dispute strategies and competition law. It argues that patent law is embedded in a broader competition law framework however plays on a separate field where it governs primarily the entry to its exclusive space by market actors. However it asserts that competition law should serve as a time referee for the patent law playfield and check if the abusive prolongation of exclusive patent position does not occur. The thesis deliberates that in view of ever rising number of patent applications, abuse of the patent system may become symptomatic to the system. The Commission data presented in the Final Report on the pharmaceutical sector inquiry are again inspected. Although data should be used with caution, it revealed a good quantitative base for assessment of a system which seemingly becomes more entropic, complex and susceptible to abuse. Therefore the underlying principles in both patent and competition law should be upheld more strongly than ever. It is the principle of fairness that should have normative force...
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Patent, protection of originality or limitation of the competition ?
Kodad, Jiří ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
This master's thesis deals mainly with the interface between patent law and competition law. The main objective is to provide the reader with a complex patent law overview and explanation of basic concepts related to intellectual property law, with a pivotal focus on patent law. In order to do so, author examines how national legislation contained primarily in Act no. 527/1990 Coll., On Inventions and Rationalization Proposals, as amended works and then analyzes Paris Convention and other treaties, which still remain to be the cornerstone of the international law. After introduction to a patent protection there are examined three of the most significant patent systems in the world - European Union, United States of America and Japan and their respective approaches to patent protection. In addition to exploring limits of a patent rights protection, there are explained doctrines relating to intellectual property rights, with closer attention to patents. Another objective of the work is the analysis of patent law's interface with the competition law. As part of this examination there is paid attention mainly to the abuse of a dominant position through the exercise of patent rights, essential facilities doctrine and FRAND licensing. In conclusion, the author tries to critically assess what the current problems...
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Legal protection of databases
Hájková, Martina ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
The topic of this thesis is legal protection of databases. The thesis aims to introduce the concept of databases and their protection at the international, European and national level. Furthermore, European as well as American case law regarding legal protection of databases is dealt with in this thesis, since the impact of the case-law in this area including vital interpretation of some terms has been significant. The first chapter is divided into three subchapters and characterises the concepts of intellectual property, intangible assets and copyright. This chapter theoretically analyses these terms including their relationship, basic characteristics and structure. The second chapter is called the information society and databases and deals with the term database and with its significance in modern society. The third chapter focuses on legal protection of databases, particularly at the international level. In its three subchapters it introduces database protection as regulated by Bern convention, TRIPS Agreement and World Intellectual Property Organization international treaties. The fourth chapter represents the most extensive part of this thesis as it describes legal protection of databases in European Union. The Directive on the legal protection of databases which was adopted in 1996 forms the...
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Protection of selected industrial property rights and international law
Píza, Jan ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
Resumé - Protection of Selected Industrial Property Rights and International Law Within the last approx. two hundred years, industrial production has made a huge progress and at the same time international trade has grown very significantly. The need of industrial property protection of a good quality at the international level led to conclusion of many multilateral international treaties mainly at the WIPO and also to the creation of international systems which ensure the needed level of industrial property protection and also facilitate international cooperation as well as the process of applying and administration of rights in several countries. At its very beginning, the thesis describes the industrial property in general and it deals with its definition, conception and specificity since it is essential for better understanding of the following chapters. In the next step, the thesis presents the cornerstones and the most important treaties of the industrial property field from the international perspective. These are the Paris Convention and the TRIPS Agreement - two treaties that even today keep their high significance. In this context, there is also a section concerning the essential international organization in this field - the World Intellectual Property Organization (WIPO), but it also deals with...
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