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Distinctive character of trademarks and related institutes in the light of European Union law
Brunclíková, Lenka ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
1 Distinctive character of trademarks and related institutes in the light of European Union law Abstract The topic of this rigorous thesis is Distinctive character of trademarks and related institutes in the light of European Union law. Trademarks have become an indispensable aspect in commercial relations. Every successful entrepreneur should invest in and protect his goods or services by means of trademarks. Trademarks are a very effective tool that can provide information that enables consumers to make informed choices about the products and services that are protected by trademarks. However, in order for a trademark to be registered and thus provide the required protection, it must have sufficient distinctive character to enable it to distinguish the goods or services of one entity from those of another. The aim of this thesis is to analyze the legal issues relating to the distinctive character of trademarks and related topics, in particular from the perspective of European Union law. In order to meet this objective, the thesis is divided into four parts. The first part deals with the historical development of trademarks, from the ancient period through the first international agreements to the EU regulation. The second and main part analyses the distinctiveness of a trademark, explaining the difference...
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The relationship between rights of designation and unfair competition law
Krása, Jakub ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Relationship between rights of designation and unfair competition law Abstract This diploma thesis discusses the relationship between the rights of designation and the law of unfair competition. The main objective of the thesis is to acquaint its reader with the issue of both systems of protection and to answer the question of whether there is any relationship between them; if so, how to define the established relationship. The topic of this thesis is mainly processed from the perspective of the Czech legal order, but it is also complemented in appropriate cases with the connection to the foreign regulation of selected European states. This thesis is divided into three chapters, which are further divided into subchapters. In the first chapter, the author deals with the rights of designation. First, the group of rights of designation is placed within the system of intellectual property law. Subsequently, a list of specific rights that belong to this group is created, based on the described characteristics. However, the author also points to different opinions of legal theory regarding the content of the term rights of designation, which leads to distinction between the rights of designation in the strict and the broad sense. The following subchapters deal with the issue of trademarks, designations of origin...
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The domain names and its protection with aspect to the trade mark
Chalupová, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
One of the legal issues, which brought by the development of information and communication technologies, is also the issue of domain names. With the development of the Internet, many human activities moved into the electronic world, including business activities. Presentation of the business through a website has become an indispensable means of competition. Domain names became a significant asset with regard to its secondary function. Therefore it was necessary to provide legal protection for domain names.Legal system of the Czech Republic does not contain specific legal act of domain names. This thesis deals with the issue of domain names. The object of this thesis is the definition of a domain name from a legal terms, the rights to domain names and registration of domain names. This thesis is limited to domain names, which are registrated in ccTLD .cz. The second part discusses the relationship between domain names and trademarks. In relation to the trademark rights the domain name has dual status. Registration of a sign as a domain name can occur the rights of trademarks. The trademark is one of the most effective means of protection for domain names. It is possible providing protection of domain names with registration in the register of trademarks.The owner of the domain name then has the same rights...
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Trademarks and Their Practical Application on Business Competition
Vodičková, Tereza ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
I have chosen this topic because of my deep interest in the intellectual property rights and trademark issues especially. I consider trademarks one of the essential parts of the contemporary private law system, although it is very complicated to decide whether it pertains to the commercial law branch or to the civil law. Trademarks have connection to both the branches, but its legal provisions are highly specific and independent. The contemporary popularity of trademarks grows rapidly thanks to its major usability in practical life. Trademarks are irreplaceable, especially when there is a need to distinct between identical or similar goods and services that are offered by different producers or providers and are useful also, when there is a need to represent goods and services on the market. The trademarks can also be licensed, contractually transferred to other legal entity or can be the object of a deposit. The usability of the trademarks can be found also in their use as an immaterial investment in a company. I have chosen the trademarks topic because of its high practicality and because of creativity and originality of this legal branch. This thesis attempts to describe and analyze the trademark issues comprehensively focusing on the present legal regulation of this discipline. The thesis is...
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The relationship between trade mark protection and copyright protection under Czech law
Jurášová, Monika ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...
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Chosen relative grounds for dismissal of a Trademark registration
Lajsek, Vladimír ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Vladimír Lajsek: Chosen Relative Grounds for Dismissal of a Trademark Registration This topic is dealing with two chosen relative grounds of dismissal of a trademark registration, particularly with sec. 7 (1) (i) and sec. 7 (1) (j) statute No. 441/2003 Coll. The first part presents a general introduction in the whole issue, as with relative grounds for dismissal of a trademark registration and with proceeding on objections. Afterwards, there is described historical development of these provisions, which helped to their establishing into Czech legal order. The author finds, that these provisions were not established until convergence with the European law. Next parts are focusing on the particular provisions. The chapter about objection to the older copyright contains the role of the Czech Industrial Property Office in the proceedings of author crafts and their authorship. The Office should make its own conclusion in these circumstances, so it is not dependent on the binding decision of a court. In the issue of considering, whether particular mark is or is not an author craft, the author offers his own three-level-test of uniqueness, which is based on summarisation of the former decision-making of the Office. To the issue of the right to sue on grounds of this objection the author concludes, this...
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The use of a Trademarks as a Keywords for searching in Internet
Hrubeš, Marek ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Use of trademarks as keywords for searching the Internet The purpose of this thesis is a comprehensive analysis of the use of trademarks as Internet search engine keywords to trigger advertisements that are displayed on search result pages. The main part of the thesis is devoted to legislation and case law in the US. However, for the comparative purposes, I also address developments concerning keyword advertising in the EU. I chose this topic because it combines traditional elements of law with modern technologies. Moreover, despite its significant economic and legal impacts, I consider this topic as insufficiently researched in the Czech Republic. This thesis consists of six chapters. The first chapter is devoted to a general introduction to trademarks, including the history of trademarks, current legal definitions of trademarks as well as legal frameworks of trademarks law. This chapter also focuses on an element of trademark distinctiveness and analyses functions of trademarks. Last but not least, it also describes basic classifications of trademarks and provides their examples. The second chapter introduces the issue of keyword advertising. It focuses on a description of the operation of Internet search engines, keyword advertising programs and AdWords' current policy. The third...
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Trade marks in the context of the economic competition
Wellartová, Lucie ; Horáček, Vít (advisor) ; Zahradníčková, Marie (referee)
The diploma thesis concentrates on the topic of trademarks in the context of the economic competition. The first part of the thesis is devoted to the general perspective on the trademarks and to the national and international legislation regulating the usage of trademarks. The second part of the thesis analyses the function and usage the trademarks in the context of the economic competition. The thesis is divided into 6 chapters. The first chapter focuses on the definition of the institute of a trademark and on its position in the system of intellectual property law. In addition, it provides an insight into the primary sources related to trademarks including the legislative norms and case-law. Moreover, the first chapter contains also a typological and functional classification of the trademarks and outlines the absolute and relative reasons for refusal to register a trademark and therefore for the denial to provide legal protection of this institute. The conclusion of the chapter is devoted to the various forms of expiry of the trademarks such as cancellation or expiration. Chapter two concentrates on the impact of the legal institute of a trademark. In particular, it focuses on the rights and duties of the owner of a trademark including the limitations of the intellectual property law imbued in a...
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Fashion Law
Kohoutová, Tereza ; Žikovská, Petra (advisor) ; Křesťanová, Veronika (referee)
Fashion law Abstract The main task of this thesis is to acquaint the reader with a relatively new cross-sectional field of law, which is the law of the fashion industry or fashion law. Although it is already established in the Anglo-American legal culture, in our country is still looking for its path. In addition to focusing directly on this field of law, the thesis also deals with certain aspects of intellectual property law that are associated with fashion law, and in the end, the various influences of fashion industry are briefly mentioned. The first chapter focuses on the definition of the concept of fashion law, how this field of law developed and what is its position in the United States, where it is taught at universities and was given some importance. The situation in the Czech Republic is also evaluated, where its development is mainly taken care of by the Institute of Fashion Industry Law. In order to provide a sufficient framework for other topics, the second chapter is devoted to the conceptual and legal specification of design and its protection. We will also get acquainted with its types with focus on fashion design. The third chapter is already fully focused on the first type of design protection, namely copyright. For the sake of completeness, this chapter discusses both the historical...
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Development trends in trademart law
Šimice, Adam ; Růžička, Michal (advisor) ; Dobřichovský, Tomáš (referee)
Development Trends in Trademark Law Abstract This thesis deals with the development trends in trademark law in terms of the development of the subject matter of trademark law, i.e. trademarks. In particular, it seeks to answer three questions. Firstly, what are the trends of the development of trademark law from the point of view of the subject matter of trademark law. Secondly, whether the abolition of the requirement of graphic representation has the effect on the development of trademarks as intended by Directive (EU) 2015/2436 of the European Parliament and of the Council. And thirdly, what development of the subject matter of trademark law can be expected in the future. This thesis tries to answer these questions with the help of legal regulations, professional literature, methodological guidelines and decision-making practice of courts and competent authorities. The thesis is divided into six chapters, which are then divided into subchapters. The first chapter theoretically deals with the trademark as such. It focuses mainly on the position of trademark law within the framework of intellectual property law, important trademark principles and the functions of a trademark. The first chapter ends with an analysis of the relationship between trademark law and the law against unfair competition. The second...
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