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Legal protection of design focusing on fashion industry
Tomášková, Lucie ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
This thesis focuses on definition of all possibilities of legal protection of design relating to the fashion industry and fashion design. Thesis defines term design, its fundamental types, typical characters and special features. Next part deals with design as the immaterial thing, as the thing in legal sense and its categorization due to adoption of New Civil Code and broader concept of the thing in legal sense differentiating on material and immaterial. From the area of forms of legal protection thesis pursues particularly protection through copyright, industrial designs, trademarks and unfair competition. Simultaneously it compares the relationship of protection through copyright and industrial designs as well as industrial designs and trademarks. Another part is dedicated to public and private legal means which designer may use providing that there is interference with his rights. Apart from specification of forms and means of legal protection, which are available in the Czech Republic, this thesis aims to describe opportunities of designer in the international area and area of the European Union. Thesis concerns registered and unregistered industrial design from the point of view of the European Union, from the international area it mentions all international agreements important for...
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Protection of three dimensional trade marks and designs
Čech, Jakub ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Resumé Protection of Three-Dimensional Trade Marks and Designs The aim of this work was to examine the registration requirements of three- dimensional trade marks and designs, to compare the rights and protection conferred by each of these forms of intellectual property and to observe the interaction of trade mark and design when their subject matter is identical or similar. First part of this work focuses on the questions regarding the registration requirements of the three-dimensional trade marks. The work looks closely on what constitutes a sign and which absolute grounds for refusal of registration are mostly employed when dealing with the three-dimensional trade marks. Furthermore this work looks at exclusion of registration of certain types of shapes, on the requirement of good faith when applying for trade mark registration and briefly at the average consumer. The landmark cases cited in this part of the work are Dyson v Registrar of Trade Marks, Philips v Remington, Henkel v OHIM, Lego v OHIM and Lindt v Franz Hauswirth. Second part of this work looks at the definition of design and its relationship to product itself. It also looks at the background of design protection and closely at the registration requirements of designs, namely the novelty requirement, the individual character and exclusion of...
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Fashion Law
Josefiková, Denisa ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The aim of this thesis is to introduce fashion law as a cross-cutting legal branch which concerns many legal branches. In this work, the author focuses mainly on the regulation of the intellectual property law, which is absolutely crucial given the fact that the products of the fashion industry are the results of artistic creation. The introduction of the thesis is devoted to the history of the fashion law in the world and in the Czech Republic. The merit for the development and expansion of fashion law into awareness in Czech Republic belongs to The Czech Fashion Law Association. Further attention is focused on the design, its detailed conceptual and legal specification and familiarization with its types. Further on, the thesis deals with copyright protection of the copyright work. Copyright protection can be applied due to uniqueness and artistical value of the pieces. Particularly we speak about works of applied art, which are characterised by meeting the requirements of the daily needs except aesthetics impression. Industrial design protection is suitable for example for the protection of textile designs or the general original looks of products that fashion brands need to protect. The thesis is focusing on conditions, which need to be fulfilled for industrial design registration. It also...
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International Comparative Analysis of Information Systems of trademarks and industrial designs
Zellerová, Věnceslava ; Papík, Richard (advisor) ; Bratková, Eva (referee)
The thesis analyzes and compares the selected information systems on industrial property focused on trademarks and industrial designs. These are the selected systems of the Industrial Property Office of the Czech Republic, the Office for Harmonization in the Internal Market, the World Intellectual Property Organization, the US Patent and Trademark Office and the Swedish Patent and Registration Office. The work is divided into seven parts. The first part describes the terminology and the environment of trademarks and industrial designs. The second part lists the types of international classification, which is followed by the third part, which describes the international treaties and agreements. The fourth part presents selected institutions and their analyzed systems. The fifth part deals with the analysis and the sixth section summarizes trends in the disclosure of trade marks and industrial designs. The last seventh part of the work shows an impact of the protection of trademarks and industrial designs in the business. The analysis showed that the national databases of the Industrial Property Office of the Czech Republic were top rated. The worst evaluation acquired databases of the US Patent and Trademark Office. Key words Industrial property, trademark, industrial design, information system,...
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Design protection
Očenášková, Barbora ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This paper discusses the design and the possibilities of its legal protection at national, European and international level. The first section defines the concept of design, its role in today's world, its characteristics and the different kinds of design. The recently adopted Civil Code expanded the definition of things in the legal sense by including into this category also intangible assets. Thus, the paper deals further on with the change in the legal concept of design newly considered to be an intangible thing. In the following paragraphs the focus is on intellectual property rights and its individual components. Briefly defines the scope of copyright, industrial property rights and their differences and principles. A substantial part of the work focuses on design protection. The first part of this chapter deals with the possibilities of legal protection in the Czech legal order. Mentions protection through institutes of copyright, trademark, unfair competition and industrial designs, compares the relationship of these institutes and their concurrence. The legislation of industrial designs is then analyzed in detail, both in terms of the Czech Act no. 207/2000 Coll., On protection of industrial designs, and in terms of international treaties. The paper than comments on European regulation of...
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Legal protection of design focusing on fashion industry
Tomášková, Lucie ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
This thesis focuses on definition of all possibilities of legal protection of design relating to the fashion industry and fashion design. Thesis defines term design, its fundamental types, typical characters and special features. Next part deals with design as the immaterial thing, as the thing in legal sense and its categorization due to adoption of New Civil Code and broader concept of the thing in legal sense differentiating on material and immaterial. From the area of forms of legal protection thesis pursues particularly protection through copyright, industrial designs, trademarks and unfair competition. Simultaneously it compares the relationship of protection through copyright and industrial designs as well as industrial designs and trademarks. Another part is dedicated to public and private legal means which designer may use providing that there is interference with his rights. Apart from specification of forms and means of legal protection, which are available in the Czech Republic, this thesis aims to describe opportunities of designer in the international area and area of the European Union. Thesis concerns registered and unregistered industrial design from the point of view of the European Union, from the international area it mentions all international agreements important for...
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Protection of the results of creative work from the view of theory and practice
Novotný, Petr ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
The Abstract Protection of the results of creative work from the view of theory and practice The purpose of my thesis is to analyze the protection of results of creative work, when I try to find the purpose of this protection and take a look at theoretical and practical parts of this sort of law. The thesis is composed of nine chapters, each of them dealing with an autonomous area of protection or with other actual topics. Chapter One is introductory and defines key terms used in the thesis and their systematics. Chapter Two examines with the historical evolution. The chapter consists of three parts. Each part deals with different category. First is general, second is international and third is focused at Czech evolution of legislation. Chapter Three is subdivided into nine parts and provides the main topic of inventions and patents granted to them. Chapter Four concentrates on differences between rules for patent and utility model protection. Chapter Five discuss about the marginal theme of topographies of the semiconductor products. Chapter Six summarizes the head characteristic of industrial designs. The chapter consists of eight parts. Chapter Seven concentrates on also marginal topic of improvement proposal and protection of right for plant varieties. Chapter Eight discuss about the enforcement of...
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Protection of three dimensional trade marks and designs
Čech, Jakub ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Resumé Protection of Three-Dimensional Trade Marks and Designs The aim of this work was to examine the registration requirements of three- dimensional trade marks and designs, to compare the rights and protection conferred by each of these forms of intellectual property and to observe the interaction of trade mark and design when their subject matter is identical or similar. First part of this work focuses on the questions regarding the registration requirements of the three-dimensional trade marks. The work looks closely on what constitutes a sign and which absolute grounds for refusal of registration are mostly employed when dealing with the three-dimensional trade marks. Furthermore this work looks at exclusion of registration of certain types of shapes, on the requirement of good faith when applying for trade mark registration and briefly at the average consumer. The landmark cases cited in this part of the work are Dyson v Registrar of Trade Marks, Philips v Remington, Henkel v OHIM, Lego v OHIM and Lindt v Franz Hauswirth. Second part of this work looks at the definition of design and its relationship to product itself. It also looks at the background of design protection and closely at the registration requirements of designs, namely the novelty requirement, the individual character and exclusion of...
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