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Collective administration in digital era
Bajáková, Eva ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of the present thesis is to examine an impact of reproductive and recording technique and of the global network of the Internet on the institute of collective management of copyright and related rights which forms traditional part of the system of copyright law. Firstly, the thesis embeds an issue of the institute of collective management into the appropriate legal framework and historical context. The delimitation of collective management's purpose follows; an emphasis is placed on the position of the collective manager of copyright as an intermediary between the competing interests of the right holders and interests of users. It is explained that the change of manners of communication of the work to the public from "point-to-mass" to "point-to-point" tends to weaken such position. The real and legal monopoly of collective management is scrutinized and conclusions of academics drawn from the coexistence of copyright management companies on the market in the United States are contrasted in the following part of the thesis. The issue with licenses is addressed. The collision between the potential ubiquity of works made available on the Internet and the principle of territoriality (lex loci protectionis) is described and, simultaneously, legal issues connected with functioning of the system...
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Court adjudications in executory proceeding
Mikula, Ondřej ; Winterová, Alena (advisor) ; Macková, Alena (referee)
This Rigorous Thesis titled "Court adjudications in executory proceeding" discusses selected adjudication activities by courts of law within the terms of execution proceedings. This work focuses on specific types of court judgments, on judgments to order execution, judgments to discontinue execution proceedings, or judgments to suspend execution proceedings. This treatise discusses selected execution institutions (judgments) in question and procedures by courts of law during their application, outlines current issues concerning interpretation, compares selected adjudications by courts of law during execution proceedings with legal regulation in Slovakia, as well as outlining deficiencies in legal regulations and proposing legislative changes within the terms of execution proceedings de lege ferenda. This treatise also contemplates the possibility of implementation of the territoriality principle into our legal order, including description of legal regulation concerning territoriality in neighbouring Poland.
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Trademarks and their territorial limits
Žižková, Kristýna ; Dobiáš, Petr (advisor) ; Růžička, Květoslav (referee)
1 Abstract Trademarks and their territorial limits The purpose of my thesis is to analyze the ways that are used for overcoming territorial limits of trademarks, to point out the pros and cons of these methods. Likewise, I'd like to point out the fact that the various systems of trademarks - national and international systems and system of Community trade mark are interconnected and they complete each other. Therefore, it is necessary to focus on the quality of national legislation, to match the European Union standards and international standards, as well. I chose this topic, because the issue of trademarks is in my opinion very interesting, I like the fact that they can connect designers and businessmen, I am fascinated by their overlap into the art sphere, too. The topic of marks is very broad and quite specific, for understandable reasons it cannot be given so much time within the subjects taught at the Faculty. Also this was one of the reasons I chose this topic. My work is divided into six major thematic units, together there are 25 chapters, some of them are further divided into subchapters and sections. In the first part, which corresponds to the first and the second chapter, I try to out the trademarks as an institution in a wider context of intellectual property rights and industrial property...
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Court adjudications in executory proceeding
Mikula, Ondřej ; Winterová, Alena (advisor) ; Macková, Alena (referee)
This Rigorous Thesis titled "Court adjudications in executory proceeding" discusses selected adjudication activities by courts of law within the terms of execution proceedings. This work focuses on specific types of court judgments, on judgments to order execution, judgments to discontinue execution proceedings, or judgments to suspend execution proceedings. This treatise discusses selected execution institutions (judgments) in question and procedures by courts of law during their application, outlines current issues concerning interpretation, compares selected adjudications by courts of law during execution proceedings with legal regulation in Slovakia, as well as outlining deficiencies in legal regulations and proposing legislative changes within the terms of execution proceedings de lege ferenda. This treatise also contemplates the possibility of implementation of the territoriality principle into our legal order, including description of legal regulation concerning territoriality in neighbouring Poland.
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Collective administration in digital era
Bajáková, Eva ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of the present thesis is to examine an impact of reproductive and recording technique and of the global network of the Internet on the institute of collective management of copyright and related rights which forms traditional part of the system of copyright law. Firstly, the thesis embeds an issue of the institute of collective management into the appropriate legal framework and historical context. The delimitation of collective management's purpose follows; an emphasis is placed on the position of the collective manager of copyright as an intermediary between the competing interests of the right holders and interests of users. It is explained that the change of manners of communication of the work to the public from "point-to-mass" to "point-to-point" tends to weaken such position. The real and legal monopoly of collective management is scrutinized and conclusions of academics drawn from the coexistence of copyright management companies on the market in the United States are contrasted in the following part of the thesis. The issue with licenses is addressed. The collision between the potential ubiquity of works made available on the Internet and the principle of territoriality (lex loci protectionis) is described and, simultaneously, legal issues connected with functioning of the system...
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Trademark in the context of European and American law
Fischerová, Alena ; Boháček, Martin (advisor) ; Čada, Karel (referee)
The diploma thesis deals with trademark protection in the system of Community and US law by using the scientific comparative method. The Community trademark is used as the comparatum and the federal trademark as the comparandum. The main goal of the thesis is the comparison of the EU and US perspective on the trademark as one of the subjects of industrial rights. To reach the set goal, the key aspects of the trademark protection are fully discussed in compared legal systems. The first part of the thesis represents the theoretical introduction into the field of trademarks. Here, the historical development is summarized, the evolvement of the single community protection together with principles of trademark protection in the USA are explained, completed by a summary of the sources of law in compared legal systems. In the main part of the thesis, the trademark in both legal systems is discussed, starting with the trademark definition according to both the Community and US law together with the key international treaties; followed by an explanation of different trademark types with an emphasis on non-traditional trademarks; right to trademark; Community and US trademark registration compared to the international registration; trademark use; and concluding with the rights the trademark holder possesses.
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European patent system
Machová, Tereza ; Jakl, Ladislav (advisor) ; Černý, Miroslav (referee)
Práce mapuje vývoj evropského patentového systému v návaznosti na celosvětový systém patentové ochrany. Zabývá se Evropským patentovým systémem, který je kromě národních právních řádů tvořen Evropskou patentovou úmluvou a zamýšleným komunitárním patentem. Dále se věnuje aktuálním problémům se zaváděním patentu Společenství a jeho budoucností, tedy otázkou zda vůbec a v jaké podobě bude zaveden..
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