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European legislation and case law on designations of origin, geographical indications, and traditional specialties guaranteed
Lesáková, Kateřina ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
The diploma thesis deals with the topic of European law and case law on designations of origin, geographical indications, and traditional specialties guaranteed. The aim of this thesis is to comprehensively analyse the EU legislation on geographical indications for agricultural products and foodstuffs, together with related case law and relevant international conventions. In particular, the work focuses on Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, which is key in this area. In the introductory part of the thesis, the characteristics and terminology of geographical indications and the European system of their sui generis protection are introduced. The second part focuses on the functions of geographical indications and their importance for producers and consumers in the European Union. Attention is also paid to current issues and the relationship between geographical indications and innovation. The third part focuses on the relevant international conventions, which are presented chronologically, including the historical and legal circumstances of their creation and an analysis of the most important provisions. The penultimate part of the thesis concerns the legal regulation of geographical indications in the EU and explains its development and...
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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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Protection of the appellation of origin under Czech law and international treatis
Ambrož, Vladimír ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Protection of the appellation of origin under Czech law and international treaties This thesis deals with the topic of appellation of origin. Appellation of origin is governed by Czech law, European Union law and by international multilateral and bilateral treaties. Appellation of origin is an exceptional measure because it provides an indefinite number of users meeting prescribed conditions with protection. The paper is divided into four chapters. The first chapter deals with history and with theoretical introduction into the topic of appellations of origin. Following three chapters describe the protection in the Czech Republic, European Union and on the international level. There are examples of concrete appellations of origin at the end of each of these three chapters. The examples are used in order to better demonstrate different ways of possible use of the appellations of origin. The work uses legal enactments as well as administrative and court decisions. Specialized publications and opinions of some of the users are used as well. The core of legal regulations governing appellations of origin in many countries is formed by multilateral international treaties. This applies also in case of the Czech Republic and the European Union. Application for registration of an appellation of origin may be filled...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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The relationship between rights of designation and unfair competition law
Ferancová, Eva ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
The topic of this diploma thesis is the relationship between rights of designation and unfair competition law. The thesis is divided into five chapters. The first two chapters define rights of designation and unfair competition law in general and the following chapters concentrate on the relationship between them. The first chapter focuses initially on the place of rights of designation in the system of intellectual propert y law and afterwards it concentrates on particular rights of designation, i.e. trademark, designation of origin and geographical indication. This chapter deals with characteristic features of the rights of designation and differences between them and national, international and european legislation. The emphasis is also put on current issues, that are related to the rights of designation. Chapter two is devoted to unfair competition law. This chapter focuses on legislation of unfair competition and the concept on which unfair competition law is based (that is combination of general clause and non-exhausting list of merits). Subsequently, it defines subjects of the unfair competition and claims that a subject affected by the unfair competition can make. The third chapter, which presents crucial part of this thesis, concetrates on the relationship between rights of designation and...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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Protection of the appellation of origin under Czech law and international treatis
Ambrož, Vladimír ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
Protection of the appellation of origin under Czech law and international treaties This thesis deals with the topic of appellation of origin. Appellation of origin is governed by Czech law, European Union law and by international multilateral and bilateral treaties. Appellation of origin is an exceptional measure because it provides an indefinite number of users meeting prescribed conditions with protection. The paper is divided into four chapters. The first chapter deals with history and with theoretical introduction into the topic of appellations of origin. Following three chapters describe the protection in the Czech Republic, European Union and on the international level. There are examples of concrete appellations of origin at the end of each of these three chapters. The examples are used in order to better demonstrate different ways of possible use of the appellations of origin. The work uses legal enactments as well as administrative and court decisions. Specialized publications and opinions of some of the users are used as well. The core of legal regulations governing appellations of origin in many countries is formed by multilateral international treaties. This applies also in case of the Czech Republic and the European Union. Application for registration of an appellation of origin may be filled...
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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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Protection of Intellectual Property in International Trade
ROZMILEROVÁ, Monika
The main topic of this diploma thesis is "Property of intellectual property rights in international trade. The aim is to provide complex view on intellectual property protection in international trade, afterwards more specifically focused on industrial property, trademarks and geographical indications. The crucial part of the thesis is dovoted to the analysis of individual steps of trademark registration.
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Analysis of the perception of Czech origin of the products
Pazderová, Blanka ; Černá, Jitka (advisor) ; Bártová, Hilda (referee)
The master's thesis focuses on the perception of Czech origin of the products. The main goal was to analyze the perception of the origin of the products in terms of consumers that prefer to buy Czech products, and which designations of Czech origin on products they trust. In particular, the work deals with the so-called "official designations" of Czech origin, for example "Regionální potravina" (Regional food), "Regionální produkt"(Regional product), "Český výrobek - garantováno Potravinářskou komorou České republiky"(Czech product - guaranteed by Food Chamber of the Czech Republic) and others. On the other hand, it highlights the presence of so-called "unofficial designations" and their influence on the consumer's perception. It is also focused on the legal issue of the Czech products. In the practical part of the thesis, we deal with the quantitative and qualitative research of the perception of Czech products to the consumer, which verifies the preference of Czech products and confidence in official designation of Czech origin. Finally, my work deals with the designation "made in EU" and its perception of the consumer. The conclusion of the work is that the studied subject is missing a legal description (in the Czech law system) and enables a manipulation with customers that are not familiar with the current system and could be misled.
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