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Convergence of Copyright and Trademark Protection
Holub, Lukáš ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangible property. The author also deals with current conception of ownership in Civil Code. Following chapters are based on the principles of civil (continental) law concepts of copyright law and industrial property law established in this part. Subsequently the regulation of copyright protection and trademark protection is discussed in two separate chapters. Those chapters are divided into identical sub-chapters to highlight similarities and differences of both legal institutes. The focus is on subjects of both protections, their beneficiaries, formation, content, duration, means, limitations, international context and the issues of licensing. In the chapter devoted to convergence, various situations which might occur...
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Convergence of Copyright and Trademark Protection
Holub, Lukáš ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangible property. The author also deals with current conception of ownership in Civil Code. Following chapters are based on the principles of civil (continental) law concepts of copyright law and industrial property law established in this part. Subsequently the regulation of copyright protection and trademark protection is discussed in two separate chapters. Those chapters are divided into identical sub-chapters to highlight similarities and differences of both legal institutes. The focus is on subjects of both protections, their beneficiaries, formation, content, duration, means, limitations, international context and the issues of licensing. In the chapter devoted to convergence, various situations which might occur...
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Selected legal forms of business of foreign entities in the Czech Republic
Pacovský, Martin ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
The work deals with the topic of entry of foreign entrepreneurs to the Czech market on the background of two different forms of business - franchising and a limited liability company. The main topic concentrates on the comparison of legislation and contractual framework of these two business forms, primarily focusing on intellectual property and the protection of intangible assets. The work presents general legal provisions related to contracts in the field of intellectual property rights, including licensing agreements. The work is further devoted to franchising and limited liability companies. The business of foreign entrepreneurs is related to the internationality of the contractual process. Contractual cooperation of more entrepreneurs also requires the existence of statutory regulation of competition law, with a special focus on franchising in this work. The application part of the thesis is dedicated to the protection of intellectual property rights, rendering an example of a particular foreign entrepreneur doing business gradually through franchising, and then through a limited liability company founded as a subsidiary of a foreign parent company. Access of entrepreneurs to intellectual property protection during the expansion of their business is analyzed by individual types of intangible assets, such as trademark or know-how. The aim of the work is to highlight the specifics of each business forms and identify problems associated with the provision of intellectual property rights.
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Legal Aspects of the Unregistered Marks of Goods and Services Used in the Course of Trade
Vozáb, Jakub ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee) ; Tomsa, Miloš (referee)
This dissertation theses addresses the phenomenon of the unregistered mark for goods and services in accordance with trade mark law of the Czech Republic, while taking into consideration the given scope of EU law and its comparison with the legal protection of applied trade marks in the framework of the "passing-off" doctrine of the legal systems of the United Kingdom of Great Britain and Northern Ireland. While the subject of trade marks has already been thoroughly established in juristic theory and has also become commonplace in legal practice, the institute of the unregistered trade mark has not yet to be comprehensively examined, and as such it presents significant difficulties in applied practice, as it bears no solid legal foundation, and in the context of the regulations of trade mark law it is always possible to identify specific special entitlements arising from the existence or application of unregistered trade marks, whereas the nature of their verbal formulations and systematic classification presents difficulties in the interpretation and application of such entitlements. The basis for this reasoning is namely the historical evolution of the phenomenon of the unregistered mark in trade mark law in Austrian, respectively in subsequent Cisleithania, and its reception and evolvement within Czechoslovak law as the legal predecessor to the Czech Republic. The goal of the research presented herein is to identify answers to the underlying theoretical questions concerning unregistered marks of fundamental significance to applied practice, and in so far as they concern the nature of the unregistered mark as perceived by trade mark law and its definitional attributes, terms of origin, duration, and expiration of unregistered marks, or more precisely as they concern rights to them, as well as the terms and scope of disposition with unregistered marks, namely in so far as they in turn relate to transfer or conversion and the grant of license or other temporary right of use. Subsequently, the establishment of answers to the aforementioned questions addresses the problem of the absence of an explicit legal principle to the phenomenon of the unregistered mark and the interpretation difficulties offered in the poorly formulated laws and subsequent fluctuations in legal practice. This problem is examined within the legal setting of the Czech Republic as a democratic nation with a market economy, in which holds true the classic legal rudiment of "that which is not prohibited by law is permitted", and in which hold true the fundamental and indefeasible rights of man, a component of which is the right to freely pursue economic activities and possess property within a framework of restrictions favouring the preservation of the rights of others as set forth by the law.
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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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License agreement in international trade
Török, David ; Malý, Josef (advisor)
The purpose of this work is to summarize and explain the context around the licenses, license agreements and protection of intangible goods, with the main focus on industrial property, in particular, inventions, designs, utility models and trademarks. The first part is about clasiffication of intangible goods and characteristics of industrial property. Next part deals with the protection of intangible goods, particularly from the international point of view, i.e. international conventions and organizations. It also includes comparison of protection in the three major economic centers - Europe, USA and Japan. Next part deals with the license agreement. From the explanation of the concept of a license, through the reasons leading to such relations, to the procedure of negotiating about the license agreement and its content, including a model of patent licensing agreements.
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Přechod průmyslového vlastnictví při prodeji podniku
Malá, Kateřina ; Jakl, Ladislav (advisor) ; Boháček, Martin (referee) ; Vojčík, Peter (referee) ; Čada, Karel (referee)
Práce se zabývá právní úpravou přechodu průmyslového vlastnictví při prodeji podniku, zkoumáním problematických míst v samotné právní úpravě institutu smlouvy o prodeji podniku a návrh jejich řešení. Práce obsahuje i hospodářskosoutěžní aspekty přechodu průmyslového vlastnictví při prodeji podniku a problematiku oceňování průmyslového vlastnictví. V práci je obsažena rovněž komparace zkoumané problematiky s právem USA.
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