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Fashion Law
Krčmárová, Anna ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Fashion Law This rigorosum thesis carries the name of the recently established field of law. The fashion law has to uphold its status through fulfilment of the field-specific criteria; therefore, the fashion law is introduced on the background of a three part conceptual classification - fashion business law, fashion public law and fashion intellectual property law. The first chapters are dedicated to the establishment of the fashion law with respect to its wide academic acceptance. The second chapter outlines fashion business law with a special view to intellectual property licensing, due to its influence on the reputation of the fashion companies, which is crucial in such a competitive field. The topic of fashion public law is included as well in the second chapter as a necessary part of the legal field which might provide an alternative look at the issue of protection of the fashion companies' intellectual property. The entire third chapter addresses the fashion companies' intellectual property: patents, copyright, fashion designs and trade marks as suitable forms of protection of fashion designs and fashion brands. Individual forms of protection are presented in the international context with specific statutory requirements of the respective way of protection. A relevant part of the...
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Trade mark law and the issues of parallel imports under Czech law
Pavlík, Ondřej ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The purpose of the thesis is to analyse the phenomenon of parallel imports, define the pros and cons of parallel trade for respective entities and also society as a whole as well as describe how the trademark law may influence parallel importation of trademarked goods. In addition, the thesis analyses individual means of legal protection against parallel imports identified as illegal. After the introduction summarizing why it is appropriate to deal with the parallel importation phenomenon, the second part of the thesis describes the basic concepts in the context of parallel import issues: trademarks, parallel imports and exhaustion of trademark rights. The second part also describes the positive and negative impacts of parallel trade and why the doctrine of exhaustion of trademark rights appears to be the most appropriate way how to solve the difficulties in the relationship between trademark owners and parallel importers. The third part of the thesis aims to provide a reader with the basic sources of law which affect the phenomenon of parallel importation from the trademark law's point of view. As it follows from the third part of the thesis and also the whole work, the key legal source for the European region, including the Czech Republic, is the law of the European Union together with the case...
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Painting art work as the subject of the legal negotiations
Cenkerová, Markéta ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
in English Painting as an Object of Jurudical Acts The work is focused on individual types of legal proceedings connected with the painter's artwork. First, it offers an excursion to the basics of copyright, its development and contemporary issues. The work provides classification of copyright in the system of intellectual property rights and briefly explains the differences between continental and Anglo-American concepts. The following chapters attempt to define the terms "author", "work" and "painting". Then, it deals in more detail with specific types of artworks, such as restoration, book illustrations, derived works, parody and cartoon and street-art. In the next chapter, the thesis explains the relationship between the author and the owner of the work and some copyright restrictions that this situation brings, in the subchapter the work analyzes the export of painting artworks abroad. In its main part, the work gradually focuses on the individual types of legal proceedings connected with the painting, their characteristics and their adaptation. In the sorting of different ways of using it proceeds according to the system of the law, the largest range is devoted to the sale and purchase of the painter's artwork. In the subchapters, the work deals with the issue of pricing of painting artworks,...
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Legal instruments of protection of copyright and the related rights
Tomková, Lenka ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This doctoral thesis deals with a quite wide theme - legal means of copyright protection and related rights. The objective of this work is to present forms of violation of copyright and copyright related rights and particular possibilities of protection from such violations. Shortages in copyright are pointed out in the thesis together with proposalsof possible solutions. Attention is also paid to preliminary questionsasked within the frame of disputes of copyright and related rights. Its extensive part is dedicated to present practice of courts in the Czech Republic andwithin EU as well, when different resolutions in similar cases are pointed to.In the thesis there is also an analysis of violation of copyright and related rights, accordance of EU Law Court resolutions, and accordance of Czech expressions with general lawyers' standpoints. Final part of the thesis is used for comments to the last amendment of copyright andalso to EU Law harmonisation and efforts to reform EU Law and related questions. The thesis represents a general view of protection of copyright, legal meansserving to such protection and summary of the most important practice of courts within the given theme frame, though it is a very wide theme.
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Domain names in the Czech legal system
Kuba, Jaroslav ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Domain names in the Czech legal system The aim of this work is to introduce readers to the topic of domain names themselves with a necessary technical overlap, their legal regulation in the Czech legal framework, including a general analysis of particular legal institutes used for their protection (namely trademarks, unfair competition, name of an individual and name of a legal entity), and finally to outline the ways and development of the settlement of disputes arising from them before the judicial and extrajudicial bodies. The first chapter of the thesis covers the concept of domain names as such from a technical point of view. There is described the domain name function in the Internet and the domain name system as well, consisting of top level domains of different types with their specifics. Consequently are there through domain name registration covered domain name disputes in a global context, including the individual causes (types) of these disputes, and finally concludes with the description of a specific form of alternative dispute resolution called UDRP. The second, most extensive chapter is dedicated to the legal regulation of domain names in the Czech legal framework itself. The chapter begins with theoretical concept of domain names from the legal point of view and its historical...
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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 specifics of interpretation and application of the European union competition law in relation to patents: limitation of patent rights by the "essential facility doctrine" in the U.S. antitrust and E.U. competition law
Přibil, Stanislav ; Šmejkal, Václav (advisor) ; Dobřichovský, Tomáš (referee)
The relationship between competition law and intellectual property (IP) rights is often viewed as adversarial. Competition law strives to maintain effective competition as a way of achieving effective allocation of resources and thereby contributing to consumer welfare. IP rights, on the other hand, provide the IP holder with a legal monopoly for a limited period of time, which shield the IP holder from competition. Although the ultimate goal of competition law and IP rights is to contribute to consumer welfare, the methods used to achieve this goal - creating a monopoly on the one hand and maintaining competition on the other hand - seem to be in conflict. This thesis examines the interaction between competition law and patent rights. In particular, it considers whether patent rights can be restricted by the "essential facility doctrine", both under US antitrust law and EU competition law. The essential facility doctrine (EFD) was developed in US jurisprudence as a type of monopolization claim under Section 2 of the Sherman Act. The doctrine has four elements: (1) control of an essential facility by a monopolist, (2) a competitor's inability to practically or economically duplicate the facility, (3) denial of use of the facility to the competitor, and (4) feasibility of providing access 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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Computer program as an Employee work and its specifics
Kmoch, Ondřej ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
This thesis is focused on the topic of the computer program as an employee work and its specifics. The aim of this thesis is mainly describing and summarizing the Czech legislation of the employee work in the Copyright act if such work is the computer program including its history. The thesis also contains the author's remarks with respect to the relevant contractual practice. In the introductory passage of this thesis there is an explanation of the basic term "computer program" and its usage in the Czech legislation together with the explanation of the basic terms regarding the copyright such as "author work and its origin", "authorship", "content of copyright", "disposition of the content of copyright" etc. Then there is a short excursion to the databases and their copyright protection. The following parts of this thesis focus on the crucial author's work which is the computer program wherein is included the excursion to the history of the copyright protection of the computer program as the author's work followed by the excursion to the international and the European regulation of the computer program as the author's work. Then the relevant provision of the Czech regulation regarding the employee work is discussed in detail which is followed by a chapter containing some of the author's practical...
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Exhaustion of Copyright in Computer Programs
Ondruš, Jan ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
(EN) The aim of this thesis is to provide an analysis of the principle of exhaustion of rights especially to computer programs in the comparative context of the legal regulation in the EU and US. The issue of exhaustion of rights to computer programs became a topical problem after the decision of the Court of Justice of the European Union (CJEU) in case UsedSoft v. Oracle, when the CJEU ruled that the principle of exhaustion of rights is applicable not only for sale of computer programs on tangible media such as CD/DVD, but also for distribution of computer programs in digital form via Internet. This decision, however, became widely criticized by legal experts, since CJEU accented rather economic arguments in favor of this principle than the European legal regulations and international conventions. Certain problematic aspects were also demonstrated in the decision of US court in case Capitol Records v. ReDigi, in which the court persuasively summarized legal and technical reasons why the principle of exhaustion of rights cannot be applicable for the sale of digital files distributed via Internet in the context of current legal regulation. In the first part of my theses, I deal with the term "computer program" as a subject matter of law, and as a subject of protection by copyright law. The second...
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