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Economic rights in copyright
Kozlovská, Eva ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This work aims to describe the basic principles and characteristics of economic rights in copyright with regard to historical development, international and European legal framework. Economic rights in copyright are divided into two groups, namely the right to use the work and other economic rights. The work is dedicated to both groups with an emphasis on the use of work by public, taking into account the current SDEU case law and the effects of international and European law. Attention is also paid to the wider concept of the thing in the legal sense, as the Civil Code adopted in 2012 introduced again explicitly the concept of intangible things. As a result, this work deals also with the issue of their transferability. The theoretical method of research is used in the thesis. Work is based mainly on the commentary literature to the copyright act and the rules governing copyright at national, international and European level. In regard to the fact that copyright law is constantly evolving and new forms of use are emerging the legislation cannot flexibly react to these changes and therefore also the relevant decisions of the Court of Justice of the European Union and the Czech courts are used. The work is systematically divided into three main chapters: (i) general characteristics of copyright, (ii)...
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Economic rights in copyright
Kmoníčková, Klára ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- Economic rights in copyright The theme of this thesis are economic rights in copyright. They are one of two categories which compose the content of copyright. The second category is called copyrights related to personality. These two categories of copyright can not be separated by exact borderline - economic rights in copyright include economic component, and vice versa. Economic rights in copyright are rights which have economic importance for their right holder. Economic rights in copyright can be divided into two main categories: exploitation right (in wide sense) and other economic rights in copyright. Exploitation right in wide sense include exploitation right and right of granting licence to other person. The aim of my thesis is to analyse and summarize contemporary situation of a legislation regulating economic rights in copyright and institutes relating to them. The thesis is composed of six chapters. The purpose of Chapter One is to explain what is a content of copyright and to briefly describe economic rights in copyright and copyrights related to personality in two parts of this Chapter. Chapter Two of the thesis is called economic rights in copyright. This chapter is subdivided into five parts. First part deals with influence of a definition of concept ,,thing" in New Civil Code upon...
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Economic rights in copyright
Kopečková, Andrea ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Property rights of copyright (economic copyright) Abstract Intellectual Property Law as a branch of Private Law comprises two categories of rights - industrial property and copyright in a broader sense. In my thesis I focus on that part of Copyright Law which deals with rights to the author's work (i. e. copyright in the strict sense), specifically property rights of copyright (economic copyright). This thesis therefore provides a comprehensive explanation of property rights, which would not be possible without a brief explanation of the subject, development, concept and content of copyright. I also pay attention to legal regulation of the license agreement, which is a separate type of contract under the Copyright Act. Finally there is the collective management of copyright explained in my thesis. With respect to the importance of copyright which increases over time in response to the rapid development of information technologies, there is a need of its consistent protection and acceptance of more detailed and rigorous legislation. A numerous instruments of International Law and EU Law (whose main purpose is to harmonize national provisions of the Member States; the Czech Republic is a member of the European Union since 2004) therefore plays an important role in the harmonization of the national provisions...
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Copyright protection of software
Pátková, Andrea ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Diploma thesis summary The topic of my diploma thesis is Copyright legal protection of computer programs. The purpose of my thesis is to describe in basic features the current regulation of this item in Czech republic. This thesis is composed of twelve chapters, where the crucial part can be found in chapter ten and eleven. Introductory Chapter emphasizes necessity of copyright legal protection of computer programs. Next chapter summarizes efforts for definition of computer program and also includes reasons, why the exact literal definition is not very convenient. Third chapter defines basic terminology, that we can find crosswise copyright; it also enumerates requirements for the authors work to be under copyright legal protection. Following chapter contains an outline of international treaties and history of computer programs. Sixth chapter concentrates on the role of computer program in the area of copyright and helps to distinguish the difference between computer program and any other author's craft. Seventh and eight chapter provides information about creation and content of the copyright, which is followed by the list of exceptions of exclusive copyright law. The main aim of my thesis is based in the issues of licensing agreements in chapter n. 10 and 11. Penultimate chapter focuses on the...
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Licence agreement in the legal systems of the Czech Republic and England and Wales
Johanna, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The objective of this diploma thesis is to render a comprehensive analysis of licence contracts in two countries - the Czech Republic and England and Wales. The effort to highlight differences between the two scrutinized jurisdictions and related criticism are the most important methods applied in this work and, hopefully, the most recognizable benefits of it. The thesis consists of a short introduction, followed by four descriptive chapters and author's subjective conclusions. The introductory part presents methods of research used throughout the work and implicitly hints what can the reader except when studying this diploma thesis. The first chapter splits into two mutually linked subchapters. The first one defines the very term licence, its etymology and classification. The following subchapter describes general characteristics of intellectual property, a crucial topic to licence contracts and thus indirectly to this thesis. This thesis promises a comparison of two legal systems and the second chapter fulfils this aim. Consisting of two additionally divided subchapters, the author engages in an analysis of the copyright and patent law respectively. Both examined intellectual property rights are looked at via optics of Czech, British and European intellectual property law. After being...
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Franchising and law
Hampejsová, Jitka ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The thesis deals with legislative regulation of franchising in the Czech Republic and which areas of law have influence on franchise agreements and how is this relationship to other areas of law solved. The thesis focuses on content of franchise agreements, on typical provisons of franchise agreements according to antitrust law, on protection of intellectual property rights, on unfair competiton and on personal data protection. Some aspects are discussed according to laws of the USA and Germany and are compared to Czech legislation. Available court decisions which deal with franchising were also used in the thesis. Gained knowledge was used to analyze franchise agreement of NATURHOUSE and to suggest some improvemenst in the agreement.
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Licence agreement to the objects of industrial property
Brázdová, Jana ; Malý, Josef (advisor) ; Halík, Jaroslav (referee)
Licence agreement is one of the most important tools when trading with intangibles. The goal of this thesis is to summarize the theoretical concept related to licence, licence agreement and protection of the industrial property and its practical application on the particular licence agreement. The introductory chapter is focused on division of intangible goods and features of respective forms of industrial property. Main focus is devoted to the part about types of licences and concluding licence agreement.
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