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Media Law in the field of broadcasting
Morgensteinová, Denisa ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
v angličtině Diploma thesis is focused on media law in the area of broadcasting. The sources for the diploma thesis were broadcasting legal frameworks of the Czech Republic and the European Union, available case-law and doctrinal findings. The goal of the diploma thesis is to systematically and analytically describe individual institutes of media law in broadcasting, which in sum compose the legal framework of broadcasting in the Czech Republic. Diploma thesis contains systematic definition of broadcasting mainly from the viewpoint of general media theory, furthermore overview of the legal framework of the broadcasting itself. In the diploma thesis is evaluated the legislation concerning traditional broadcasting media and broadcasting through the internet. Diploma thesis furthermore contains chapter dedicated to regulation of broadcasting and regulatory bodies operating in the Czech Republic. The diploma thesis is concluded with a chapter dedicated to further possible developments in media law in the area of broadcasting mainly due to the proposed changes of individual laws.
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Protection of industrial property and international law.
Vymětal, Václav ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Protection of Industrial Property and International Law Václav Vymětal Abstract The submitted thesis "Protection of Industrial Property and International Law" and deals with the international aspects of the industrial property rights protection. The thesis begins with defining the industrial rights as a term and its relation to the broader area of intellectual property rights. The main international classifications of industrial property rights are introduced along with the basic principles of their international protection. The thesis subsequently approaches the historical introduction to the examined issues beginning in antiquity and progressing until the great industrial revolution of the nineteenth century which has led to the adoption of The Paris Convention for the Protection of Industrial Property. The general provisions of The Paris Convention and The Agreement on Trade-Related Aspects of Intellectual Property Rights are dealt with in a separate chapter, including the historical basis of both treaties, their main principles and contribution to the international protection of intellectual property generally, and industrial property specifically. The following chapter focuses on with the main relevant international organisations, particularly The World Intellectual Property Organization and The World...
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Szpyrc, Daniel ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The thesis titled "The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy" deals with both, the protection of copyright and the scope of liability of various actors in the Internet environment. The content of the thesis is divided into four chapters, which allows the reader to be gradually acquainted with the whole issue. The first part briefly mentions development of the Internet network and its incorporation into the Czech legal order. The second chapter is devoted to the copyright protection in the Internet environment. Its content focuses on the most common methods of use of the author's work via the Internet, which is a reproduction of the work and its publication. This chapter further describes the development and operation of data sharing through peer-to-peer systems. Furthermore, it also deals with the issue of downloading of the work and application of the statutory exemption from liability for personal use only. The scope of liability in the Internet environment is largely harmonized by European provisions. For this reason, the third chapter contains the development phase of liability of the Internet services providers in the European countries. The first part of the third chapter demonstrates different approaches to the...
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Trade marks with reputation with a special view to luxury brands
Krčmárová, Anna ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
This diploma thesis deals with trade marks with reputation materia as a subgroup of trade marks connected with greater protection. First parts of this thesis are dedicated to an introduction to the trade mark law, in particular the inclusion of trade mark law in the legal system, principles governing this branch of law description and especially familiarization with the Czech trade mark law sources through an enumeration of the individual regulations, along with their significance. Parts three and four then are focused on the concept of trade mark with reputation and the specifics analysed also by comparison with the famous trade mark, because these two concepts are united in their development, which is also described. In the fifth part, the concept of luxury brands is described for the purposes of this thesis, where importance of reputation for luxury brands is covered through luxury brands characteristics analysis, and expanded in the context of individual court decisions, not only the European institutions. The final part of this thesis presents selected decisions relating to non-traditional trade marks as they constitute a higher level of protection, even though at different level, and thus they are related to the concept of reputation, especially in the context of trade mark law trends that will be...
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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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Suplementary protection certificates for Medicinal Products
Eignerová, Barbara ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Resume - Supplementary Protection Certificates for Medicinal Products Nowadays, the pharmaceutical industry plays an important role in the world's economy and the pharmaceutical research has a decisive impact on the continuing improvement in public health. The system of patent law is of cardinal significance to the industry because it confers monopolies, for a limited period of time, on using innovations and provides a crucial incentive for basic research activities. Innovative companies require the guaranteed period of market exclusivity afforded by patents in order to sustain drug prices, recoup research and development expenditures and finance the development of new products. Although the availability of a patent protection for chemical and pharmaceutical products has, from a historical perspective, only been reaffirmed in the near past, it has been widely accepted as a global standard mainly through the provisions of the WTO's TRIPS agreement. On the other hand, despite the existence of various international treaties harmonising patent laws, patents have to date in their effects remained strictly limited to individual jurisdictions. Closely bound to the patent system itself are the means of the so-called off-patent protection - supplementary protection certificates and the others, for example market...
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Copyright protection of visual arts
Zajíčková, Zuzana ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Fine Arts and other types of Visual Arts Copyright This dissertation deals with copyright law with a special focus on fine art and modern forms of contemporary visual art. The introduction describes in brief the copyright, especially its inclusion in the law system, the definition of basic principles and sources of law. Further it concentrates on personal and property authors' rights in its specific forms. The next chapter deals thoroughly with the legal definition of fine art, including both its traditional and modern forms. The following part summarizes the means of legal protection of fine art, by both private and public actions. The fifth chapter presents a legal and philosophical reflection on the protection of art in public space, street art and graffiti, the unique art forms that come often into conflict with the third parties' rights. The sixth chapter is a follow-up to the previous and addresses the legal regulation of urban art (street art and graffiti) in France. The seventh chapter analyses the well-known cases related to copyright disputes in Czech legal environment. The next part is focused on copyright and its concept in France, the historical and philosophical context, the definition of copyright and the obligatory conditions of protection. This chapter also contains a...
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Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
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Possibilities of legal protection of martial arts and self defence systems
Hruška, Vít ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
POSSIBILITIES OF LEGAL PROTECTION OF MARTIAL ARTS AND SELF DEFENCE SYSTEMS ABSTRACT This thesis has two, resp. three goals. First of them is attempt to improve knowledge about disciplines of martial systems which I believe could help to prevent many misunderstandings about purposes of those disciplines. For that reason I divided martial systems in three categories (disciplines), which conforms with categorization that slowly rises among professional public. Those categories are: martial arts, fighting sports and self-defence systems. There is also a brief summary and history of two of these disciplines. Second, or second and third goal of my thesis was an exploration and introduction of possibilities of legal protection not only of martial arts but also of self-defence systems. The main emphasis is on copyright of martial arts, which is described in great detail. Legal protection of martial arts in relation to industrial law is also briefly described. Self-defence systems are examined in the same way as martial arts are. This means that first I try to describe copyright protection and than protection in the sense of industrial law.
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Non-contractual legal institutions of the use of copyrighted work
Strnad, Ondřej ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis provides an overview of extra-contractual legal institutions of the use of copyrighted work. The main emphasis is on the institution of free use and related topic of private copying and fair compensation. Statutory licenses, both chargeable and free of charge, are not omitted. The thesis is divided into three chapters. Brief introduction is followed by chapter providing definition of the fundamental terms of copyright from the perspective of Czech copyright law. The second chapter contains summary of sources of copyright law. Czech law, as well as European and international law is included. The third chapter contains crutial part of the thesis, the analysis of the extra-contractual legal institutions of the use of copyrighted work. After brief comment on free works follows analysis of the Three-Step Test, which is of great significance for all examined legal institutions. Relevant case law - WTO Panel report WT/DS160/R - is examined and the Max Planck Institute's Declaration on a balanced Interpretation of the Three-Step Test is also considered. Subsequent subchapters are dedicated to the institutions of free use and private copying under both, Czech and European copyright law. The thesis also includes comparative analysis of the level of the private Copying levies in the EU, based on...
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