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Registration and Use of Domain Names in Unfair Competition
Zajíc, Jan ; Horáček, Tomáš (referee)
Registration and Use of Domain Names in Unfair Competition The subject of this diploma thesis is the application of Czech law concerning unfair competition to the unfair competition practices related to registration and use of domain names, in particular to the unfair competition practices of cybersquatting. The aim of the thesis is examining questions whether the Czech legislation provides an effective instrument for ensuring legal recourse to the practices concerned. In order to solve the stated issue, the author of the thesis describes in the first chapter, mainly by the descriptive method, the necessary technical basis of domain name problematics and registration, in the second chapter defines the legal nature of a domain name and related rights considering the recodification of civil law, in the third chapter the author analyzes mainly by the descriptive method the legal grounds of EU legislation on competition, the form of regulation and its influence on the national regulation of unfair competition. The fourth chapter examines the general provision of unfair competition and analyzes whether the general provision is correctly interpreted and applied by courts to unfair competition practices of cybersquatting, particularly whether the courts correctly interpret the concept of the normative...
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Registration and Use of Domain Names in Unfair Competition
Zajíc, Jan ; Horáček, Tomáš (referee)
Registration and Use of Domain Names in Unfair Competition The subject of this diploma thesis is the application of Czech law concerning unfair competition to the unfair competition practices related to registration and use of domain names, in particular to the unfair competition practices of cybersquatting. The aim of the thesis is examining questions whether the Czech legislation provides an effective instrument for ensuring legal recourse to the practices concerned. In order to solve the stated issue, the author of the thesis describes in the first chapter, mainly by the descriptive method, the necessary technical basis of domain name problematics and registration, in the second chapter defines the legal nature of a domain name and related rights considering the recodification of civil law, in the third chapter the author analyzes mainly by the descriptive method the legal grounds of EU legislation on competition, the form of regulation and its influence on the national regulation of unfair competition. The fourth chapter examines the general provision of unfair competition and analyzes whether the general provision is correctly interpreted and applied by courts to unfair competition practices of cybersquatting, particularly whether the courts correctly interpret the concept of the normative...
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Registration and Use of Domain Names in Unfair Competition
Zajíc, Jan ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Registration and Use of Domain Names in Unfair Competition The subject of this diploma thesis is the application of Czech law concerning unfair competition to the unfair competition practices related to registration and use of domain names, in particular to the unfair competition practices of cybersquatting. The aim of the thesis is examining questions whether the Czech legislation provides an effective instrument for ensuring legal recourse to the practices concerned. In order to solve the stated issue, the author of the thesis describes in the first chapter, mainly by the descriptive method, the necessary technical basis of domain name problematics and registration, in the second chapter defines the legal nature of a domain name and related rights considering the recodification of civil law, in the third chapter the author analyzes mainly by the descriptive method the legal grounds of EU legislation on competition, the form of regulation and its influence on the national regulation of unfair competition. The fourth chapter examines the general provision of unfair competition and analyzes whether the general provision is correctly interpreted and applied by courts to unfair competition practices of cybersquatting, particularly whether the courts correctly interpret the concept of the normative...
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The protection of domain names through trademarks
Barteková, Adriana ; Horáček, Vít (advisor) ; Štenglová, Ivanka (referee)
The protection of domain names through trademarks The main purpose of my thesis is to define a status of domain names from a legal standpoint and also to analyze the possibility of covering the protection of domain names through trademarks. Assuming that a domain name fulfills conditions stipulated by a law it may become a subject to trademark laws and can be registered as a trademark in the register kept by the Industrial Property Office. The thesis is composed of five chapters. The first part of introductory chapter focuses on the technical aspects of domain names and institutions directly related to domain names. It focuses on history of the Internet, IP addresses and DNS servers. The second part of the first chapter is devoted to the structure and registration of domain names and also to foreign institutions directly related to of the Internet and its domain names. The second chapter describes the status of domain names in the Czech legal system and compares the legislation of Act no. 40/1964 Coll., The Civil Code and Act no. 89/2012 Coll., The Civil Code, relating to domain names as the subject of civil relations. The main subject of the third chapter are trademarks. This chapter defines the concept, function and types of trademarks. Furthermore, this chapter describes absolute and relative...
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Legal protection of domain names
Seibert, Michal ; Malý, Josef (advisor)
Internet domains and legal protection of domain names are enjoying a rapid growth in awareness among businesses and individuals not only world-wide, but also in the Czech Republic. Undoubtedly it is the internet, what has been the biggest change in our lives in past 15 years. Originally a military project, which turned to be "something" more than anticipated. Internet alone is a brand new world and therefore there must be certain rules to run and to control it. Thanks to rapid improvement of connectivity, above all after broadband connections had been implemented with vast majority of citizens, this medium has become a mass medium and the law enforcement of rules has become more important and common. The goal of this diploma thesis is to create a view of field of internet domains and related law issues, above all concerning the protection of the names of domains. The essential part of the thesis is so called ADR part. It handles the way of resolution of disputes. Information in this thesis is based both on professional sources and on own experience which I gained with my internet projects or even with domain disputes. This document is not intended to be solely an academic text but also a practical guide that will help "everyday users" of internet. This diploma thesis is divided into theoretical beginning and then it focuses on practical law part. Chapters are made of sections which build together a complex overview of the field of law issues. In the end of the thesis there is described so called "ADR" with ".eu" domains. The whole law framework in the thesis is supplemented by real examples from real life and therefore the thesis has the ambition to improve the readers' (law) knowledge in this field.
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