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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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Global system of protection of intellectual property: purpose and role of WIPO and WTO
Šmíd, Vojtěch ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
The thesis is focused on a specific area of intellectual property field, namely the system of protection of Intellectual property whose current form has been shaped by the international organizations, especially by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). There has therefore been allocated extra space in the thesis to make the reader familiar with these respective organizations, especially with their organizational structure, decision-making procedures and activities. Important part of the thesis is analysis of current relations between WIPO and WTO, including its negative aspects. The thesis also contains section devoted to possible future development of the relations between WIPO and WTO.
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Exclusions from patentability - European, Czech and British perspective
Valešová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The purpose of the thesis is to analyse exclusions and exceptions from patentability which is a negative requirement for an invention to enjoy a patent protection. It aims to answer the question why the exclusions are needed and whether they should be preserved as some of them proved to be very controversial. The law and practice of the European Patent Office, the Czech Republic and the United Kingdom are compared with the emphasis on the European Patent Convention and the EPO's case law. In the national regulation, mainly the differences and peculiarities to the European approach are pointed out. The work is composed of four chapters. The first chapter explains the basic concepts of patent law and presents justifications for patent protection. The second chapter deals with various patent systems and reviews the most important international tools of harmonization. In the third chapter, the exclusions are introduced and the distinction between Article 52(2) and (3) EPC (exclusions) and Article 53 (exceptions) is clarified whereas it is submitted that the difficulty posed by the exclusions lies in the interpretation of the words "as such" used in Article 52(3) EPC. The main focus of the thesis lies in chapter four which is subdivided into nine subchapters, each discussing one of the exclusions and...
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Legal protection of databases in the European Union and the United States of America
Andrejaš, Michaela ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
This Paper presents a comparative analysis of legal protection of databases in USA and EU. EU, with the intention to strengthen it's postition in the world database industry, introduced by a Directive 96/9/EC a legal experiment of sui generis right to databases, protecting databases on the basis of an investment only, regardless of the coypright law requirement of originality. USA does not offer the Directive's sui generis right, however protects the databases by whole range of traditional means of legal protection. On the basis of the comparative analysis of the traditional and present legal protection of databases in the EU and USA, as well as a critical assessment of the Directive and it's impact on the EU database industry, the Author rebuts the U.S. sui generis right proponents' arguments and proves her initial hypothesis that USA does not lack sui generis right protection, nor does it have a single reason to introduce this legal experiment into it's well established and working legal system.
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Protection of the results of creative work from the view of theory and practice
Novotný, Petr ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
The Abstract Protection of the results of creative work from the view of theory and practice The purpose of my thesis is to analyze the protection of results of creative work, when I try to find the purpose of this protection and take a look at theoretical and practical parts of this sort of law. The thesis is composed of nine chapters, each of them dealing with an autonomous area of protection or with other actual topics. Chapter One is introductory and defines key terms used in the thesis and their systematics. Chapter Two examines with the historical evolution. The chapter consists of three parts. Each part deals with different category. First is general, second is international and third is focused at Czech evolution of legislation. Chapter Three is subdivided into nine parts and provides the main topic of inventions and patents granted to them. Chapter Four concentrates on differences between rules for patent and utility model protection. Chapter Five discuss about the marginal theme of topographies of the semiconductor products. Chapter Six summarizes the head characteristic of industrial designs. The chapter consists of eight parts. Chapter Seven concentrates on also marginal topic of improvement proposal and protection of right for plant varieties. Chapter Eight discuss about the enforcement of...
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