|
|
Protection of economic competition - block exemption for vertical agreements
Vohnický, Petr ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
The Master's thesis provides readers with a basic analysis of Commission Regulation 330/2010. The mentioned regulation confers a benefit of the so called block exemption on broad spectrum of vertical agreements including in this context also certain agreements among competing undertakings. Since agreements enjoying the benefit of the block exemption are presumed to meet criteria stipulated in Article 101 (3) TFEU, the block exemption eliminates legal uncertainty which undertakings whose agreements distort competition within the meaning of Article 101 (1) TFEU would otherwise face. It follows that it is not necessary to examine such agreements on its merits. Thus, transaction costs are reduced. Structure of the thesis is chosen so that it reflects three main questions concerning applicability of the block exemption, namely whether (i) an agreement falls within the scope of Commission Regulation 330/2010, whether (ii) it contains black clauses (hard-core restrictions) and whether (iii) it contains (non-severable) grey clauses. After a brief description of wider connections and general issues in Chapter One, in Chapter Two the thesis deals with the scope of Commission Regulation 330/2010 with respect to the notion of vertical agreement, the role of intellectual property rights, the treatment of...
|
|
|
Protection of domain names
Hrobárik, Marián ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Protection of domain names Life nowadays is much more dependent on information and the most common source of them right now is Internet. One of the main aspects, that users of Internet have to deal with, is a domain names, as a website address. Nevertheless it's common, that users do not differentiate between internet, browser, search engine or web page, nor are familiar with the legal and technical concept of domain names. Domains are allocated according to a first come first serve basis and that makes them valuable article and thus subject of common legal disputes. The purpose of my thesis is to analyze ways of legal protection of domain names and the absence of its legal regulation, which is not unique for Czech legal system. First chapter of my thesis deals briefly with internet and its basic infrastructure, including internet protocol, with deeper focus on domain names, their technical aspects, hierarchical structure and typology. Next chapter mentions the main organizations involved in creating rules and policies for cooperation among institutions authorized to oversee internet and managing the registration of internet number resources and domain name system. This chapter includes the description of main characteristics for the process for resolution of disputes according to UDRP (Uniform...
|
|
|
Legal Penalty for Unfair Competition
Tulačková, Markéta ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Legal Penalty for Unfair Competition Unfair competition law has quite a long tradition in the Czech Republic. After the recodification of private law, the basis of the legal regulation of unfair competition is contained in the Civil Code, which is a fundamental code of the general civil law. Other legal remedies are based in the Civil Procedure Code. In the last decades some elements of the public law also infiltrated the system of legal penalties for unfair competition. The aim of this diploma thesis is to introduce the system of legal penalties for unfair competition in the Czech Republic. The main emphasis is put on the private law regulation, i.e. the regulation contained in the Civil Code and the Civil Procedure Code. The text of this thesis focuses on the comparison of the particular remedies under the Civil Code with the remedies that used to be anchored in the Commercial Code as well as on the alterations put on the unfair competition law in connection with enacting the new Civil Code. The thesis is divided into four chapters. Chapter One first of all briefly introduces unfair competition law and sets it in the context of international law and European law. Additionally, the meaning of the general clause of unfair competition and its relationship with the special statutory clauses of unfair...
|
|
|
Relationship between Competition Law and Intellectual Property Law
Davidová, Tereza ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
This Master thesis named "Relationship between Competition Law and Intellectual Property Law", deals with the interface between competition law and intellectual property law in the context of European Union law. In the beginning of this thesis authors briefly introduce both legal disciplines and explain their most important terms and goals. The thesis is further divided into three main topics. Firstly, we elaborate on theoretic relationship between competition law and intellectual property in regard to their values, aims and methods of regulation. Then we dive into the issue of conflict of nationally regulated intellectual property law with the internal market and the freedom of movement of goods and services. The second thematic part clarifies the difference between market power and statutory monopoly that is granted to the owners of intellectual property. We analyse the specific issues of finding dominant position of competitors owning intellectual property. Then we examine individual types of behaviour that are considered to be abusive in the context of intellectual property law. Special focus is given to the issue of refusal to licence intellectual property that falls within the definition of essential facility doctrine. Lastly, we concentrate on cartel agreements in the context of intellectual...
|
|
|
Trademarks and their practical application in economic competition
Tumpachová, Kateřina ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
This diploma thesis deals with trademark in competition. It analyses the position of the trademark owner from the point of view of rights provided by the legal system in connection with his trademark ownership. The aim of the thesis is to answer the question which rights are granted to the trademark owner by the trademark law, which rights are granted to him by the unfair competition law and to depict mutual correlation of those two legal branches from the mentioned point of view. In order to achieve these targets the thesis is divided into three chapters. The first chapter deals with the trademark owner rights, where it analyses the regulation of these rights in Czech legal system, i.e. provision of act -No. 441/2003 Sb. on trademarks, considering European directives on trademarks (No. 89/104 and 2008/95/ES). This is followed by the judicature of the Supreme Court of the Czech Republic and of the Court of Justice of the European Union explaining these legal provisions. The provisions of Council Regulation on the Community trade mark (No. 207/2009) and Paris Convention for the Protection of Industrial Property are also mentioned. For the purpose of further explanation the second chapter brings an analysis of the competitor's protection by the unfair competition law from the provisions relevant for...
|
|
|
By-laws of unit owners association
Král, Michal ; Štenglová, Ivanka (advisor) ; Rozehnal, Aleš (referee)
1 Summary "STATUTES OF UNIT OWNERS ASSOCIATION" The thesis deals with the statutes of a unit owners association as they are regulated in the Czech law (hereinafter referred to as the "Statutes"). The Statutes are the basic legal document of any unit owners association, through which the rights and obligations of the individual unit owners are exercised. The Statutes should provide any unit owners association with a framework for its smooth functioning in relation to its members (unit owners), as well as in relation to third parties. Much like other juridical (legal) persons, a unit owners association is created when registered to the public register. Its creation is preceded by a founding legal act of the future unit owners, i.e. the future members of the association. Statutory law (i.e. the new Civil Code No. 89/2012 Coll.) stipulates under what conditions the founding members are allowed to establish the unit owners association. For a successful registration of the association in the public register, ordinarily, the Statutes have to be approved by the founding members. The legislation sets out certain mandatory requirements, nonfulfillment of which would lead to a dismissal of the registration. The initial part of the thesis deals with the historical development of the legislation on flat ownership....
|
|
|
The concept of community property
Boltnar, Jan ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Rozehnal, Aleš (referee)
This submitted PhD thesis deals with a legal regulation of the community property in the light of current case-law. The thesis is composed except of the introduction and the conclusion of seven coherent chapters, the chapters dwell on the creation, subject and management of marital assets, and the modification, termination and settlement thereof are the core parts of the thesis. Furthermore, the emphasis is placed on those issues of proprietary relationships between spouses that may be encountered in the practice of law. In conclusion, the treatment of marital assets de lege ferenda is discussed in view of the new Civil Code. The PhD thesis was developed using legislation as at 1 September 2012, publications,articles published in professional journals and court decisions.
|
|
|
Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
|
|
|
Business secret in business transactions
Jakl, Jan ; Eichlerová, Kateřina (advisor) ; Rozehnal, Aleš (referee)
The main purpose in writing this work was therefore to analyze whether the trade secret belongs to assignable and transferable type of intangible asset law and whether it could be effectively protected. The author of this work has been himself asking questions: first of all what actually is trade secret? And is it possible transfer or cede it? And if it is possible is also possible to protect this intangible asset sufficiently in course of this transaction? The author came to conclusion that trade secret falls within the scope of intellectual property, same as patent, trademark, copyright, though trade secrets are more difficult to transfer and protect then other kinds of intellectual property while they are neither formalized nor well documented. And most of all they supposed to stay hidden forever. The property right in a trade secret is determined by the fact the owner protects its trade secret from disclosure to third parties. On the other hand in order for a valid transaction to take place trade secret must be first of all adequately identified. Above mentioned shall be taken into account while writing various types of contract that could be used for transferring of ceding of trade secrets i.e. license agreement, the contract on transfer of business share, contract for work, contract on lease...
|
|
|
Legal penalties for unfair competition
Novotná, Tereza ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Legal penalties for unfair competition This diploma thesis analyzes private law penalties for unfair competition, focusing on the means of protection provided by private law statutes. This thesis also deals with the questions of active and passive legitimacy in lawsuits concerning unfair competition and procedural specifics of these lawsuits. The thesis is divided into six chapters. The first charter offers an introduction to unfair competition law by presenting its substantive law provisions: the general clause and the special case clauses. The aim of this chapter is to outline the issue of unfair competition and define actions against which it is possible to use means of protection described in the following chapters. The second chapter focuses on subjects of unfair competition disputes: subjects actively legitimated but also subjects passively legitimated. This chapter also aims to define each of these individual subjects, such as competitors and consumers. The third chapter presents the essential means of protection against unfair competition provided by the Commercial Code. These are namely the claim to refrain from unfair competition practices, the claim to remove unfair competition situation, also the claim to provide damages for material losses, the claim to hand over unjustified enrichment...
|
guest ::
