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The Language of Patent Documentation
Gubernát, Tomáš ; Sučková, Magda (referee) ; Smutný, Milan (advisor)
Odvětví duševního vlastnictví se může na první pohled zdát velmi komplikované. Tato bakalářská práce je zaměřená zejména na problematiku duševního vlastnictví z pohledu výzkumu a průmyslu, ale také i na jazykový diskurz patentové dokumentace. Má sloužit jako souhrn důležitých informací a orientační návod zejména pro potenciální uchazeče o patenty či jiné druhy duševního vlastnictví, ať už z řad veřejnosti či akademického světa. Nedílnou součástí této práce je analýza nuancovaného jazyka patentové dokumentace, a náhled na možná úskalí při tvorbě žádosti o patent, během procesu získávání patentu nebo i jeho ztrátu.
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Trademark registrability
Tkadlec, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The purpose of this thesis, entitled Trademark registrability, is to provide a general overview of otherwise extensive issue of trademark registrability, in particular the legal regulation contained in the Trademarks Act after the entry into force of the Big novelization Trademarks Act. This thesis consists of eleven chapters in total, with each chapter focusing on a different aspect of trademark law in relation to the topic of the thesis. The content of the first chapter is an introduction to the historical development of trademark law from the period of the emergence of civilisations to the modern concept of trademarks as we know it today and the integration of this institution into the intellectual property rights of which it is a part. The second chapter deals with the very concept of trademark, in particular what a tradmark is and what kind of sign is eligible to be a trademark, or what requirements are placed for such signs. The chapter further divides trademarks into two main categories, the traditional trademarks, which are trademarks capable of graphical representation, and non-traditional trademarks, where the requirement of graphical representation has been waived. The third chapter describes conditions under which the registration protection is granted to trademarks in Czech Republic in...
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Grounds for Refusal of Registration of Trade Marks under Czech Law
Poupě, Pavel ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The purpose of my thesis is to provide general requirements for the registrability of trademarks and to analyse particular grounds for refusal of registration of trademarks according to czech law. The thesis is composed of four main chapters, each of them dealing with different aspects of czech trademark law. Chapter One outlines brief history of the very first legislation dealing with trademarks and their registrability until recent days. Chapter Two is introductory and defines basic terminology used in the thesis and also presents categories of trademarks. The chapter is subdivided into five parts. Part One deals wiht national trademarks, part Two focuses on international trademarks, part Three deals with well-known trademarks. The last part presents the Nice clasification established by the Nice Agreement. Chapter Three provides an outline of all absolute grounds for refusal of registration of trademarks under the czech law. The chapter concentrates on particular absolute grounds; the chapter is subdivided into ten parts, each of them dealing with one particular absolute ground. The chapter also illustrates the approach to decision-making by trial courts and practice of competent authorities. Chapter Four concentrates on all relative grounds for refusal of registration of trademarks under czech...
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Comparative study of trademark law in legal systems of the Czech Republic and the Peoples Republic of China
Kučera, Matěj ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
This paper compares legal systems of trademark law in Czech Republic and Peoples Republic of China with focus on trademark legislation. The goal of this thesis is to provide the reader with a view of Czech and Chinese mentality towards trademarks as it evolved in time. This historical comparison of trademark evolution should mainly serve as a guideline to understanding as to why each legal system chose such legislation even though both are part of the civil law system. Another goal is to present the reader to a complete view of Chinese trademark legislation with focus on those aspects that are the most different for Czech trademark legislation and also to present specifics of Chinese and Czech trademark legislation which would be hard to find in its counterpart. This thesis is divided into three chapters. The first chapter describes the basic concepts that are essential to this thesis, with focus on those, that are significant for the comparison of both legislations. Second chapter provides complete explanation of historical evolution of trademarks in both countries, with focus on historical evolution of trademarks in China. Third and longest chapter deals with the actual comparison of both legislations, with the main focus on Chinese legislation. Each subchapter starts with a description of a...
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Disputes in trade marks: constants and specificity in judicial
Kučera, Vít ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
DISPUTES IN TRADEMARKS - CONSTANTS AND SPECIFICITY IN JUDICIAL Presented diploma work on above mentioned theme is focused on judicial activity of authoritative bodies or courts, which are or were authorized to give judgements in area of trademarks. First part of the work is naturally an introduction, which contains only general information about chosen topic and trademarks. After that brief history presentation of trademarks area follows. Then is the reader familiarized with actual regulations in force. This part is divided into two subchapters - the first one is focused on substantive law, the second on procedural law. In the second part is also closer explained why was chosen this topic of the diploma work, which is related to variety and diversity of case law in this matter. At the same time author presents authoritative bodies or courts, which give decisions in the area of questions - trademarks (brands). Due regards are taken relative to membership of Czech Republic in the European Union, and therefore to its regulations as well. Main chapter of presented diploma work is chapter three. In this chapter comes closer and detailed explanation of three, for the area of trademarks due to opinion of author fundamental, questions - likelihood of confusion, distinctive capability and trademark usage. In...
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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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Trade mark law and the issues of paraller imports under Czech law
Šipulová, Anna ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Parallel imports and trademark law in the Czech Republic This thesis goal is to provide a basic introduction to Czech trademark law and to analyse parallel imports. I wanted to emphasize the "exhaustion of rights "principle in the context of the law of the European Union also in the context of law in the Czech Republic. It covers some of the most intriguing aspects of parallel imports for example "placed on the market", "consent of a trade mark owner", "repackaging and other changed of the parallel imported goods "by examining the most important Court of Justice of the European Union (before European Court of Justice) decisions that have set a solid legal environment and use them to explain how parallel imports have evolved. The thesis focuses on Czech and European trademark law and parallel imports in the law of the Czech Republic, as a member state of European Union. At the first part of thesis I explain what is trademark law, it's sense and intent in general. I also examine the fundamental sources of Czech national trademark law, trademark law of the European Union and international law. Which is followed by description what a "trademark" is and which trademarks are protected in Czech Republic, their functions and "trademark owners" as a basics terminology of trademark law in Czech Republic. Next part...
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The Language of Patent Documentation
Gubernát, Tomáš ; Sučková, Magda (referee) ; Smutný, Milan (advisor)
Odvětví duševního vlastnictví se může na první pohled zdát velmi komplikované. Tato bakalářská práce je zaměřená zejména na problematiku duševního vlastnictví z pohledu výzkumu a průmyslu, ale také i na jazykový diskurz patentové dokumentace. Má sloužit jako souhrn důležitých informací a orientační návod zejména pro potenciální uchazeče o patenty či jiné druhy duševního vlastnictví, ať už z řad veřejnosti či akademického světa. Nedílnou součástí této práce je analýza nuancovaného jazyka patentové dokumentace, a náhled na možná úskalí při tvorbě žádosti o patent, během procesu získávání patentu nebo i jeho ztrátu.
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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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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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