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Fanworks and Copyright
Macáková, Michaela ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Fanworks and Copyright Abstract Fan works are works of authorship created by fans of a preexistent work from which they adopt characters, plots and worlds, and are distributed especially via the Internet. However, by doing so, the fan-author may infringe upon the copyright of the author of the preexistent work. The thesis Fanworks and Copyright introduces fanworks from a copyright perspective and starts a discussion whether current copyright statues are still appropriate in the era of massive growth of the Internet and online creative fan communities. Although it is not possible to state in general that fanworks infringe upon copyright, as there are multiple factors to take into account (what elements the author-fan adopts from the preexistent work, whether the author of the preexistent work has given consent for such use, whether the term of protection of the preexistent work has expired and whether there is a statutory exception), it can be stated that a large number of fanworks use copyrighted elements from preexistent works without the authors' consent, and since there is no exception in the Czech (and European) legislation that can be applied to fanworks, copyright is often being infringed upon. The complexity of the legislation and the legal uncertainty associated with its inconsistent application may...
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Comparison of patents and trade secrets as possible ways of protecting intellectual property rights
Roučková, Kateřina ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Comparison of patents and trade secrets as possible ways of protecting intellectual property rights Abstract The thesis Comparison of patents and trade secrets as possible ways of protecting intellectual property rights compares the institutes of patents and trade secrets and highlights their individual positives and negatives. It first addresses the question of whether both protection through patents and trade secrets can be alternatively applied to the same subject matter. Subsequently, since in the case of patents, the law specifies the subject matter which cannot benefit from such protection, it discusses whether or not it would be appropriate and possible to protect those particular subject matters through trade secrets. The thesis also compares the various defining features of the two institutes. The second part discusses the differences in the acquisition and disposition of patents and trade secrets, focusing on the process of obtaining patents, the scope of protection afforded by a given intellectual property right, and the ways in which these forms of protection are extinguished and revoked. This highlights the administrative and financial complexity that accompanies protection through patents as opposed to the informalized protection of trade secrets. In the last part of the thesis, the...
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Transformations and trends in the case law of the court of justice of the EU in the field of the internal market after 2004
Petrlík, David ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Mazák, Ján (referee)
There have been three main sets of trends in the case law of the Court of Justice of the European Union in the field of the internal market after 2004. The first set of trends concerned the criteria of legal analysis, i.e. the scope of EU rules on free movement, the concept of the restriction of free movement and the justification of such restrictions. The second set of trends in the case law is related to the fact that the Court completes its legal analysis by considerations linked to its value orientation of the Court, i.e. its liberalism, social tendencies, protection of fundamental rights, pragmatism and proactivity. The third trend in the case law of the internal market consisted in changing the focus of case law in the sense that the Court has begun to deal with more and more cases from sectoral fields, i.e. fields covered by secondary law.
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Artificial intelligence and law
Přibyl, Tomáš ; Petrlík, David (advisor) ; Žikovská, Petra (referee)
1 Abstract Artificial Intelligence and Intellectual Property: This thesis deals with relationship of Artificial Intelligence and Intellectual Property. The main goal of this thesis is to provide its reader with a comprehensive overview of the issues of Intellectual Property in connection with creative and inventive activity of AI. Above all, the thesis examines whether it is possible for AI to acquire intellectual property rights to copyrighted works or inventions. In case of impossibility of obtaining rights by AI itself, it then then searches for the person who shall, according to the current legislation, become the owner of intellectual property rights, both abroad and in the Czech Republic. In order to meet the above set objectives, the work is divided into 4 parts, which are then divided into chapters. The first introductory part focuses on AI itself. It discusses its definition, categorization and considers the possibility of classifying AI as either natural or legal person. At the same time a proposal for the creation of a new special category of electronic person, as presented by the European Parliament's Committee on Legal Affairs, is discussed and, in addition, the author himself discusses the advantages and disadvantages of introducing a new category of person for which the term electronic person...
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Artificial intelligence and copyright law
Czichon, Radek ; Petrlík, David (advisor) ; Holcová, Irena (referee)
1 Artificial intelligence and copyright law Abstract This thesis studies the relationship between copyright law and artificial intelligence which is becoming more and more significant even in the field of creative arts. The main question of this ongoing conflict is whether creative outputs of artificial intelligence can be copyrightable works and if so, who is the author of such works. The first part of the thesis deals with the two preliminary questions which must be answered before assessing the main issues of this thesis. Firstly, the thesis answers what artificial intelligence is, how it works and what is its definition. Secondly, current legislation regarding artificial intelligence and its creative outputs is assessed. In the second part the thesis identifies relevant regulation defining conceptual features of copyrightable works in the Czech Republic and the European Union. Main issue of this part is whether outputs of artificial intelligence can fulfill requirements set by the conceptual features of work. Two examples of real artificial intelligence projects from the music industry are used in this analyses. Thesis focuses mainly on the requirements of originality and creativity which are usually the most problematic for artificially generated outputs to meet. The third part of this thesis deals...
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Protection of Computer Games and Video Games
Kamenický, Lukáš ; Holcová, Irena (advisor) ; Petrlík, David (referee)
Protection of Computer Games and Video Games Abstract The topic of this thesis is the legal protection of computer games and video games. Its main goal is to analyse the Czech law of video game protection and to figure out if the current state of legislation is sufficient enough considering the quick growth of the gaming industry by comparing it to the legislation in other countries and pondering de lege ferenda possibilities. The secondary goal of this study is to serve as a brief and practical guide for game creators who are having a hard time with regards to legal protection of their own creations. The thesis does not only revolve around the Czech national law, but it also deals with international law and Community law upon which the Czech law is based. The thesis is divided into six parts. The first part lays down the main goals of the study and possible ways of achieving them. The second part goes through the most important theoretical concepts, terminology and video game history, through which it introduces the reader to video games. The third part focuses on international treaties potentially applicable to video game protection, on the US law, and finally on the European Union law and the law in a few specific European countries. The fourth part introduces in detail all the possible legal forms of...
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Current issues of supplementary protection certificates for medicinal products in the case law of the European court of justice
Révész, Filip ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
1 Current Issues of Supplementary Protection Certificates for Medicinal Products in the Case Law of the European Court of Justice Abstract Supplementary protection certificates (SPCs) are a sui generis industrial property right. Under the conditions, which are explained in more detail in this thesis, they can be obtained for the active ingridients of certain products. The type of products eligible for SPC protection are, inter alia, medicinal products which are characterized by their social importance and therefore by the need to ensure their safety, efficacy and quality. Given that the process of providing these guarantees is both costly and time consuming and that the commercialization of the product is conditional on such guarantees, the period for which medicinal products can benefit from patent protection is therefore shortened. The aim of the SPCs is to compensate for this shortening by an additional period of protection in order to incentivise research that has a positive effect on human health and quality of life. This work analyzes the evolution of the case law of the Court of Justice with regard to an interpretative shift or clarification, in particular as regards the substantive conditions for obtaining a certificate and provisions pertaining to the term of the SPC as laid down in the SPC...
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Transformations and trends in the case law of the court of justice of the EU in the field of the internal market after 2004
Petrlík, David ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Mazák, Ján (referee)
There have been three main sets of trends in the case law of the Court of Justice of the European Union in the field of the internal market after 2004. The first set of trends concerned the criteria of legal analysis, i.e. the scope of EU rules on free movement, the concept of the restriction of free movement and the justification of such restrictions. The second set of trends in the case law is related to the fact that the Court completes its legal analysis by considerations linked to its value orientation of the Court, i.e. its liberalism, social tendencies, protection of fundamental rights, pragmatism and proactivity. The third trend in the case law of the internal market consisted in changing the focus of case law in the sense that the Court has begun to deal with more and more cases from sectoral fields, i.e. fields covered by secondary law.
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