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Trade mark law and the issues of parallel imports under Czech law
Fišerová, Eva ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...
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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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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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Trade mark law and the issues of parallel imports under Czech law
Fišerová, Eva ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...
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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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Trade mark law and the issues of parallel imports under Czech law
Saranová, Daniela ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The thesis focuses on the concept of parallel imports in the Czech law in light of the judicature of the European Court of Justice. In the first part of the thesis, after a brief introduction to the Czech trademark law, the thesis seeks to define the individual competencies of trademark owners and their restrictions, with an emphasis on the concept of exhaustion of the rights towards the trademark. The second part of the thesis focuses exclusively on the concept of parallel imports within the European Union and the European Economic Area and their impact on the internal market. The issue of exhaustion of the ownerʼs rights towards the trademark, being closely related to parallel imports and without which parallel imports as such could not exist, represent a key part of the European Court of Justiceʼs rulings. The analysis of the rulings conducted in the thesis demonstrates that the possibilities of trademark owners to inhibit parallel imports are significantly limited and that the European Court of Justice tends to assign greater importance to protecting the internal market than to protecting the subjective rights of the trademark owners.
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Exhaustion of trademark rights
Hýžová, Zuzana ; Boháček, Martin (advisor) ; Menčl, Jakub (referee)
The thesis deals with the analysis of exhaustion of trade mark rights, it focuses mainly on the comunnity-wide exhaustion. It is based mainly on the interpretation of the case law of the European Court of Justice which is used both to describe the creation and development of the principle and to help to evaluace its importace on the field of the common market and its practical conclusions. Appart from the community-wide exhaustion, big part of the thesis is represented with the global exhaustion whose possible introduction has been topic of many discussions.
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