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Comparison of patents and trade secrets as possible ways of protecting intellectual property rights
Roučková, Kateřina ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Comparison of patents and trade secrets as possible ways of protecting intellectual property rights Abstract The thesis Comparison of patents and trade secrets as possible ways of protecting intellectual property rights compares the institutes of patents and trade secrets and highlights their individual positives and negatives. It first addresses the question of whether both protection through patents and trade secrets can be alternatively applied to the same subject matter. Subsequently, since in the case of patents, the law specifies the subject matter which cannot benefit from such protection, it discusses whether or not it would be appropriate and possible to protect those particular subject matters through trade secrets. The thesis also compares the various defining features of the two institutes. The second part discusses the differences in the acquisition and disposition of patents and trade secrets, focusing on the process of obtaining patents, the scope of protection afforded by a given intellectual property right, and the ways in which these forms of protection are extinguished and revoked. This highlights the administrative and financial complexity that accompanies protection through patents as opposed to the informalized protection of trade secrets. In the last part of the thesis, the...
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Protection of trade secrets (focusing on Directive 2016/943)
Kučerová, Lucie ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
Protection of trade secrets (with a focus on Directive 2016/943) Abstract The subject of this diploma thesis is to assess the protection of trade secrets in the context of Czech legislation with the comparison of the requirements of the Directive on the protection of trade secrets. The diploma thesis is based primarily on the valid legal regulations and Czech case law, which is associated with the regulation of the protection of trade secrets. Individual subjects of competition invest in research and development to gain a competitive edge or maintain their competitiveness. The results of their innovative activities are often subjected to dishonest practices aimed to disrupt or abuse them. The institute of trade secrets is one of the important ways to protect the results of innovative activities. Its importance is confirmed by the adoption of Directive (EU) 2016/943 of the European Parliament and of the Council. The first part of this diploma thesis focuses on the definition of the concept of trade secrets according to the Czech legislation, its comparison with the concept of the Directive and evaluation of their mutual compliance. The second chapter is devoted to the main theme of the diploma thesis, which is the protection of trade secrets under the law against unfair competition. I consider its regulation...
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Journalists and access to information
Koktová, Alena ; Hanák, Peter (advisor) ; Hájek, Roman (referee)
The aim of this thesis entitled Free access to information from the perspective of journalists is to find out how Czech journalists use the institute of free access to information. The work is based on analysis of specific articles published on the Czech news portals and in the newspapers and also on interviews with prominent Czech journalists, who provided their practical experience from practice. As a result, the thesis charts in which cases and with what success the journalists act according to the law on free access to information. Although the law provides only minimum of exceptions, in which statutory bodies may not provide the information, the actual practice does not respond to. Journalists are often confronted with all sorts of excuses why the office cannot provide the information. The most common reasons for denying the request for information is the protection of personal data, trade secrets and the condition of payment the costs of extremely extensive search. The structure of work corresponds to those reasons - first two sections contain an introduction to the issue of the right to information and freedom of access to information and the next three sections are devoted to the mentioned reasons why some authorities reject the requests of journalists. Each chapter contains a description...
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The Trade Secret and its Protection under Private Law
Kelman, Jan ; Patěk, Daniel (advisor) ; Štenglová, Ivanka (referee)
The Trade Secret and its Protection under Private Law The theme (topic) of this thesis is The Trade Secret and its Protection under private law. Concretely it examines the trade secret's legal regulation in commercial and civil law. The aim of this thesis is not only to summarize and generalize the existing piece of knowledge relating to the conception of trade secret in the Czech Republic and to compare some of its aspects with corresponding legal regulation in the Federal Republic of Germany but also to provide a complex view of this institute, to capture the essence of some problems and to attempt to suggest some solutions. To achieve this goal both a descriptive and a comparative method were chosen. While elaborating this thesis, not only Czech and German professional literature but also some judicature's samples of both states were drawn. Because of the fact that Czech civil law is going to be recodified in 2014, the work also mentions the future legal regulation. This thesis is systematically divided into two main parts and farther deals with the particular chapters and subchapters Part One divided into 13 chapters deals with legal regulation of trade Secret in the Czech Republic. Chapter One describes the history of the trade secret institute and focuses mainly on the period when the trade...
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The sale of the enterprise and of it's part
Dávidová, Lucia ; Martiník, Karel (advisor)
The main topic of this project is the sale of the enterprise or of it's part, from the point of view of taxes, law and accounting mainly. The main point is to explain fundamentals of the enterprise as the object of business-law relations, analyze the selling-transaction and it's image in financial accounting, from the point of view of the accounting and also in tax evidence of each participated part. With using the knowledge of financial accounting, I explained these questions at one complex example. This project shows, that the sale of the enterprise as the Equity acquisition is complex topic, in which to observe come specific rules, laws, clauses, public notices not only czech, but also international law is necessary, that could lead to a successful conclusion of this kind of trade.
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