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Transfer of rights and obligations from employment relationships
Uhrinová, Zuzana ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
Transfer of rights and obligations from employment relationships Abstract This thesis examines the legal area of the transfer of rights and obligations arising from employment relationships, which has, in some aspects, been significantly amended with effect from 30 July 2020. The main objective of the thesis is to provide an analysis of the legislation on the transfer of rights and obligations from employment relationships in force until the end of July 2020, including the identification of any shortcomings of this legislation. Subsequently, the thesis assesses whether the adopted amendment (Act No. 285/2020 Coll., amending Act No. 262/2006 Coll., the Labour Code, as amended, and certain other related acts) deals with these problematic areas appropriately and sufficiently. In this analysis, particular emphasis is placed on achieving the asserted purpose of the legal regulation and balancing the interests of the concerned parties. After a historical outline and definition of the purpose of the legislation, the thesis concentrates on the identification of the transfer of rights and obligations arising from employment relationships in the national legislation of the Czech Republic, specifically the legal grounds of the transfer under Section 338 Subsections 2 and 3 of the Labour Code before and after the...
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Non-conventional signs and trade marks
Uhrinová, Zuzana ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
(Eng) The submitted master's thesis discusses non-conventional signs and trade marks, which have grown in significance, especially from the perspective of marketing, traders and law, as was demonstrated by the recent amendments of the European trade mark law. The main aim of this thesis is to identify the particularities of non-conventional signs and obstacles to their registration from the perspective of the selected jurisdictions and consequently, to evaluate the reasons and justifications of the countries' approach. After a historical overview of trade mark functions and the development of law in the studied jurisdictions, the thesis is concerned with outlining the theoretical legal basis of trade mark protection in the European Union, Canada, Australia and the United States of America. The main focus of the thesis lies in the specific effects of the law on the individual types of non-conventional signs and trade marks, with a particular emphasis on the decisions of offices and courts, especially the Court of Justice of the European Union. The analysis includes sounds, scents, shapes and colours, as well as motion marks, holograms, position marks and tactile signs. The main part of the thesis is subdivided into several sections in order to grasp the particularities and singularities of each type...
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