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Interim measures in industrial rights matters
Marešová, Markéta ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Interim measures in industrial rights matters Abstract The topic of this rigorous thesis is interim measures in industrial rights matters. Interim measures represents a procedural institution which contributes to the effective enforcement of industrial rights. The rigorous thesis provides a comprehensive overview of the legal regulation of interim measures, its assessment, in particular with regard to its constitutional conformity, and the identification of problems in application practice, focusing on the specific area of industrial property. The thesis is divided into six systematically organized parts. The first part brings a historical excursion back to the 18th century, where the origins of today's interim measures can be found, leading up to the significant amendments that have been made up to the present day, and the possible future of the code of civil procedure is also mentioned. The second part of the thesis already deals with the current legal regulation of interim measures, where the concept, essence and purpose of interim measures are defined in particular. In the third part of the thesis, the legal regulation in the field of enforcement of industrial rights is presented, individual industrial rights are defined and their relationship with unfair competition is also outlined, because in...
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Interim measures in civil proceedings
Horecká, Anna ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Interim measures in civil proceedings Abstract Interim measure is a traditional institution of the civil procedural law, which provides fast and effective protection of subjective rights. However, it is inherent in this protection that it is always only temporary, as it is assumed that the legal relationship between the parties will be settled in the main court proceedings. The aim of this master's thesis is to give a clear commentary on the current legislation of interim measures, both the general interim measure regulated in the Code of Civil Procedure and special interim measures regulated in the Act on Special Civil Proceedings, and to confront the current legislation of interim measures with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Master's thesis is divided into four chapters. The first chapter introduces the institution of interim measure in general terms. It describes their basic characteristics, the modification of procedural principles in interim proceedings and outlines the individual types of interim measures. The second chapter is devoted to the general regulation of interim measures in the Code of Civil Procedure. It sets out the reasons for ordering an interim measure, admissibility criteria and description of the interim...
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Interim Measures regarding Unfair Competition
Duba, Jiří ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
This thesis is concerned with Interim Measures regarding Unfair Competition and is divided into two main areas describing relevant legislation. The first area is conceived as an assessment of procedural law mainly included in Act no. 99/1963 Coll., Civil Procedure Act, as amended (hereinafter referred to as "Civil Procedure Act"), whereas the second area is conceived as an assessment of substantive law represented by Act no. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), which contains provisions of unfair competition. At the beginning, the general conditions of proceedings are described. The general conditions consist of frequently discussed terms lis pendens and res iudicata. This is followed by specific conditions applicable to interim measures represented among others by the duty of depositing a security which is imposed on petitioners. The following part, which is significant for the scope of this work, places an emphasis on the most important institutes of interim measures. It elaborates on the term to "prove" and "evince" certain facts as an assumption for interim measure issuance, on wording of a claim statement as well as on the material legitimization in the matters of unfair competition. Likewise, types of court decisions, the cancellation and termination of interim...
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Preliminary ruling
Tokarský, Vít ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
93 Abstract Preliminary injunction is one of the most important means of protecting the rights of the participants of civil proceedings. The proceedings on the preliminary injunction is easier and faster than the proceedings on the merits, which allows the courts to act without undue delays and to effectively secure either the legal relations of the parties or the risk of loss. The consequence of these facts, however, is a restriction on the application of certain principles of civil procedure, and therefore also of the rights of the parties, especially the defendant. The question is whether this restriction is not unreasonably high and thus whether the current legal regulations meet requirements that are placed on it. The aim of this thesis is to provide a critical look at the regulation of preliminary injunctions, especially on its possibilities and limits, regarding the doctrinal and judicial conclusions. The first part of this thesis deals with the regulation of preliminary injunctions in general. Preliminary injunctions are there defined in terms of their meaning and the purpose, then the author briefly describes the basic principles, the taxonomy and the history of the regulation. The second and the third part focus on the material and formal conditions of the preliminary injunction. In addition to...
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