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The relationship between rights of designation and unfair competition law
Krása, Jakub ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Relationship between rights of designation and unfair competition law Abstract This diploma thesis discusses the relationship between the rights of designation and the law of unfair competition. The main objective of the thesis is to acquaint its reader with the issue of both systems of protection and to answer the question of whether there is any relationship between them; if so, how to define the established relationship. The topic of this thesis is mainly processed from the perspective of the Czech legal order, but it is also complemented in appropriate cases with the connection to the foreign regulation of selected European states. This thesis is divided into three chapters, which are further divided into subchapters. In the first chapter, the author deals with the rights of designation. First, the group of rights of designation is placed within the system of intellectual property law. Subsequently, a list of specific rights that belong to this group is created, based on the described characteristics. However, the author also points to different opinions of legal theory regarding the content of the term rights of designation, which leads to distinction between the rights of designation in the strict and the broad sense. The following subchapters deal with the issue of trademarks, designations of origin...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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Legal protection of domain names in relation to rights of designation
Řehounek, Dominik ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Legal protection of domain names in relation to rights of designation Abstract The diploma thesis focusing on the legal protection of domains in relation to the rights of designation has an ambition to offer its readers a comprehensive view of this issue. The work is divided into two basic parts, namely technical and legal parts. In the technical part, attention is paid to both the technical background of the domains, the functioning of the domain name system as well as the individual concepts such as the difference between the domain and the domain name. Legal part is divided into two chapters. The first chapter seeks, in particular, to anchor domains within the legal order, while the other deals with their differences with respect to the rights to designations and possible collisions with them. In the first chapter, apart from a bit of history, the technical functioning of domains within the domain name system is described. Emphasis is placed on the hierarchical structure and explanation of the basic principles. The explanation also deals with different types of domains and their differences. The space is also dedicated to the registration process. In the second chapter it deals with the status of domains, respectively domain names within the legal order. It polemize the existence of absolute rights and...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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