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Legal protection of biotechnological and pharmaceutical inventions
Štric, Dušan ; Dobřichovský, Tomáš (referee) ; Růžička, Michal (referee)
Dušan Štric: Legal Protection of Biotechnological and Pharmaceutical Inventions Charles University, Prague, Law Faculty, Institute of Copyright, Industrial Property and Competition Law Doctoral thesis, 150 pages, 2013 Doctoral thesis "Legal Protection of Biotechnological and Pharmaceutical Inventions" is focused on the analyzing especially the substantial law of the biotechnological and pharmaceutical inventions in Europe with taking into the account the proposed changes at the European union level. In the first part are indictaed specific features of the protection of the patents in the field of pharmacology and biotechnology and as well other technical solutions in the designated area. In the second part author describe area of biotechnology and pharmacology as most important natural sciences in the terms of patetning and modern patent law. Primarly author here operate with most used legal institute and it variations in areas of pharmacology and biotechnology. Specific care is taken in regard of differences, especially with exclusions from patentability. The last part is oriented on the mater of the patent infringement and to addition subsequently author analyse as well exceptions from patent infringement. The main objective of the thesis is present the theme in the sense of the newest knowledge...
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Trade mark law and the issue of parallel imports in Czech, EU and US law
Vávrová, Lenka ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
100 Parallel importation and trademark law in the Czech Republic, EU and USA Parallel imports are a non-counterfeit (genuine) goods, bearing a trademark, intended for sale in one country, but instead put on market without the consent of the trademark owner in another country. The price of parallelly imported good is actually lower than the price of the authorized good, due to several factors: currency exchange rates, laws, taxes, logistical expenditures etc. It is not only the price, but also other features of the merchandise, such as the appearance, required characteristics and customer safety measures that differ from the ones of the authorized goods. Such differences may damage the goodwill consumers associate with the trademark. Trademarks are protected dependently on national laws, therefore different countries address the issue differently. There is no international treaty that would solve the problem of parallel importation on international level. No consent has ever been unanimously reached. The issue of parallel importation is closely connected to the doctrine of exhaustion. Various countries apply national exhaustion whereas others apply international/global one. European Union developed specific type of regional exhaustion which means that once a trademark owner sells a good bearing the mark...
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Forms of the legal protection of software
Šurina, Štefan ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
❘❡s✉♠é ✈ ❛♥❣❧✐❝❦é♠ ❥❛③②❝❡✴❆❜str❛❝t ❋♦r♠s ♦❢ ▲❡❣❛❧ Pr♦t❡❝t✐♦♥ ♦❢ ❈♦♠♣✉t❡r Pr♦❣r❛♠s ❚❤❡ ♣✉r♣♦s❡ ♦❢ t❤❡ t❤❡s✐s ✇❛s t♦ ♣r❡s❡♥t ❛ ❝♦♠♣r❡❤❡♥s✐✈❡ ♦✈❡r✈✐❡✇ ♦❢ ✈❛r✐♦✉s ♠❡t❤♦❞s ♦❢ ❝♦♠♣✉t❡r ♣r♦❣r❛♠s✬ ❧❡❣❛❧ ♣r♦t❡❝t✐♦♥✳ ❚❤♦s❡ ♠❡t❤♦❞s ✇❡r❡ r❛♥❣✐♥❣ ❢r♦♠ ❛❝❝❡♣t❡❞ t♦ ♣✉r❡❧② ❤②♣♦t❤❡t✐❝❛❧ ♦♥❡s✳ ❆❝❝♦r❞✐♥❣❧②✱ t❤❡ ♦✉t❧✐♥❡❞ ♠❡t❤♦❞♦❧✲ ♦❣② ✇❛s ❝♦♥str✉❡❞ t♦ ❝♦♠♣❧② ✇✐t❤ t❤✐s s❝❤❡♠❡✳ ❋✐rst ❢♦r♠✱ t❤❡ ❝♦♣②r✐❣❤t ♣r♦✲ t❡❝t✐♦♥ ❛s t❤❡ ♠♦st ❛❝❝❡♣t❡❞ ♦♥❡ ✇❛s t❤❡r❡❢♦r❡ ❞❡❛❧t ✇✐t❤ ♠♦st❧② ❢r♦♠ t❤❡ ♣❡rs♣❡❝t✐✈❡ ♦❢ ✐ts ♣r❛❝t✐❝❛❧ ❛♣♣❧✐❝❛❜✐❧✐t②✳ ❋✉rt❤❡r✱ ❛ ♣r♦♣❡r ❜❛❧❛♥❝❡ ❜❡t✇❡❡♥ t❤❡ ✐♥t❡r❡sts ♦❢ ❝♦♠♣✉t❡r ♣r♦❣r❛♠✬s ❛✉t❤♦r ❛♥❞ ✐ts ✉s❡rs ✇❛s ❛❧s♦ ❛♥❛❧②③❡❞✳ ❙❡❝✲ ♦♥❞ ❢♦r♠✱ ♣❛t❡♥t ♣r♦t❡❝t✐♦♥ ❛s t❤❡ ❤✐❣❤❧② ❝♦♥tr♦✈❡rs✐❛❧ ♦♥❡ ✇❛s t❤✉s ❞❡❛❧t ✇✐t❤ ❢r♦♠ t❤❡ ♣❡rs♣❡❝t✐✈❡ ♦❢ ✐ts ❝♦♥✈❡♥✐❡♥❝❡✱ t❛❦✐♥❣ ✐♥t♦ ❛❝❝♦✉♥t ✈❛r✐♦✉s ♣r♦s ❛♥❞ ❝♦♥s✳ ▼♦r❡♦✈❡r✱ t❤❡ ❡ss❡♥t✐❛❧s ♦❢ t❤✐s ❢♦r♠ ♦❢ ♣r♦t❡❝t✐♦♥ ✇❡r❡ ❛♥❛❧②③❡❞ ❛♥❞ ❢♦❧✲ ❧♦✇❡❞ ❜② t❤❡✐r ♣r❛❝t✐❝❛❧ ❝♦♥s❡q✉❡♥❝❡s✳ ❖t❤❡r ❢♦r♠s ♦❢ ♣r♦t❡❝t✐♦♥ ♦❢ ❝♦♠♣✉t❡r ♣r♦❣r❛♠s✱ ✐♥t❡r ❛❧✐❛✱ tr❛❞❡ s❡❝r❡t ♣r♦t❡❝t✐♦♥✱ ✇❡r❡ ❞❡s❝r✐❜❡❞ t♦ s❤♦✇ ❤♦✇ t❤❡② ❝♦✉❧❞ ♣❧❛② ❛ s✉♣♣❧❡♠❡♥t❛r② r♦❧❡ t♦ ♦t❤❡r t✇♦ ❜❛s✐❝ ❢♦r♠s✳ ❋✐♥❛❧❧②✱ t❤❡ ❛❧t❡r♥❛t✐✈❡ ❢♦r♠s ♦❢ ♣r♦t❡❝t✐♦♥ ✇❡r❡ ❛❧s♦ ✐♥tr♦❞✉❝❡❞ ❛♥❞ ❛♥❛❧②s❡❞✳ ❚❤r❡❡ ❤②♣♦t❤❡t✐❝❛❧ ♠♦❞✲ ❡❧s✱ ♥❛♠❡❧② ♣r♦t❡❝t✐♦♥ ♦❢ ❝♦♠♣✉t❡r ♣r♦❣r❛♠s ❜② ✉t✐❧✐t② ♠♦❞❡❧s✱ P❛❧❡②✬s s♠❛❧❧ ♣❛t❡♥t ♠♦❞❡❧ ❛♥❞ ▼❛♥✐❢❡st♦✱ ✇❡r❡ ❤❡❧❞ t♦ ❜❡ ❛♥ ❡①❝❡❧❧❡♥t s♦✉r❝❡ ♦❢...
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Protection of creative industrial property rights and international Law
Beneš, Ondřej ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
- 1 - The protection of the creative industrial property rights and international law The topic of submitted thesis is "The protection of the creative industrial property rights and international law". Its aim is to analyse the regulation of creative industrial property rights from the international perspective. The thesis is divided into two main parts. In the first one I have described the history of international cooperation in the field of industrial property protection, the milestones to be emphasized are the Paris Convention for the Protection of Industrial Property Rights (1883), the Convention Establishing the World Intellectual Property Organization (1967) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994). Some attempts of regional cooperation are briefly discussed, especially those in Europe (European Union, European patent organization), but others in the Eurasian area, Africa, Asia, South America and other parts of the world as well. The second part of the thesis is focused on the individual types of creative industrial property rights. The most important is the patent protection, besides the Paris Convention and the TRIPS Agreement there are some other relevant legal instruments, such as the European Patent Convention, the Patent Cooperation Treaty, the Patent...
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The relationship between trade mark protection and copyright protection under Czech law
Jurášová, Monika ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...
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