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Compensation for damages caused by the breach of Article 81 of the Treaty establishing the European Community
Podhorský, Martin ; Zemánek, Jiří (advisor) ; Munková, Jindřiška (referee)
99 Resumé The purpose of this work is to provide its readers with comprehensive legal analysis of possibilities and limits of practical enforcement of the European Communities' (the "EC") antitrust rules through the damage actions for infringement of Article 81 of the Treaty Establishing the European Community (the "Treaty"). The work should, in broader context, contribute to the current discussion about the implementation and future development of so-called private enforcement of EC competition rules. Given the complexity of its subject-matter, the work was structured into several chapters, which are logically linked to each other. At the outset, the elementary characteristics of the collusive practices falling within the prohibition of Article 81 of the Treaty were briefly analyzed. The main purpose of such analysis was to draw attention to certain issues, which may arise in connection with attempts to define the prohibited conduct under Article 81 of the Treaty. The core part of the work deals with practical enforcement of EC competition rules through actions for compensation of damage caused by breach of Article 81 of the Treaty. It was disputable for a long time, whether the European competition law enables the aggrieved parties to lodge such claims for compensation of damage without any specific legal...
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European trade mark
Houser, Jan ; Zemánek, Jiří (advisor) ; Munková, Jindřiška (referee)
60 známkoprávními spory, které jsou natolik specifické a technicky náročné na posouzení, že by bylo obecně lépe svěřit rozhodování o nich právě specializované soudní komoře. Úkolem mé práce tak, jak jsem si ho v jejím úvodu vytkl nebylo pouze teoretické pojednání o ochranné známce Společenství, ale pokusil jsem se pojednat o ochranné známce tak, jak funguje v reálném životě. Summary The topic of my thesis is the Community Trade Mark. In the first part of my thesis I recounted the history of trade marks, their functions and obligatory essentials of signs that can form a trade mark. The principle of registration elegibility as described by the Council Regulation and numerous decisions of the ECJ and CFI is shown on examples of "non- traditional" trade marks formel of sound, olfactory and trademarks formed by color alone. We can find two obligatory conditions - graphical representation and ability to distinguish from another goods or services. I also explained the reasons and functions of trademarks in modern society. History of international protection of trade marks is a history of efforts to surpass an inborn problem - its the principle of domestic and international trademark law that trademarks and trademark law are territorial. The efforts to surpass this problem date back to 1883 when the Treaty of Paris...
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