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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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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...
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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
61\dokument1\23 December 2011 Abstract The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legislation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter of this thesis is a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, including the protection against unlawfully registered trade marks. The third chapter, which is the core of this thesis, discusses the uses and functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. This chapter also...
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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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Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China
Černá, Lucie ; Rozehnal, Aleš (advisor) ; Horáček, Tomáš (referee)
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...
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Trade marks
Pelíšková, Radka ; Slováková, Zuzana (advisor) ; Horáček, Vít (referee)
Résumé Trademarks The topic of my diploma thesis is trademarks. The purpose of this work is to discuss the fundamental issues concerning trademarks including types of trademarks especially non- traditional ones, trademark registration application procedure in the Czech Republic and other related topics. A trademark is a designation which serves to differentiate products or services on the market. The purpose of a trademark is to distinguish goods and services of one producer from those of another. This designation helps consumers to find goods and services and to select the product that they want. Trademarks therefore become an integral part of our lives. Trademarks in the Czech Republic are governed by Act No. 441/2003 Coll., on Trademarks, Regulation No. 97/2004 Coll., concerning implementation of the Trademark Act and the protection of trademarks is ensured by Act No. 221/2006 Coll., on Enforcement of Industrial Property Rights. A trademark can only be a designation which can be graphically represented and which is capable of distinguishing products or services for which it is protected from other identical products or services on the market. A trademark therefore cannot exist on its own, but always in connection with certain products or services which it designates. An applicant submits a trademark...
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Analysis of access to patent information systems of Industrial Property Office CZ, European Patent Office, United States Patent and Trademark Office and World Intellectual Property Organization
Nowaková, Jana ; Papík, Richard (advisor) ; Souček, Martin (referee)
The master thesis analyses and compares selected accesses to patent information systems of Czech Industrial Property Office, European Patent Office, United States Patent and Trademark Office and World Intellectual Property Organization. This includes accesses via web sites of the institutions mentioned above and an access via Google Patents service. The thesis is divided into six parts. The first part discusses patent information systems, the second one gives an overview of the selected institutions, the third part presents evaluation methodology of patent information systems, the fourth part includes a comparative analysis, the fifth one consists of a user survey and the sixth part introduces possibilities of future development of patent information systems. The comparative analysis showed the access to information system of World Intellectual Property Organization (Patentscope) as the best one among all the analysed accesses. In the user survey the respondents selected the information system of European Patent Office (Espacenet) as the most user-friendly access. Key words industrial property, patent documents, patent databases, patent information systems, patent searches, patent searching, Czech Industrial Property Office, European Patent Office, United States Patent and Trademark Office, World...
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Terminology in the field of the Industrial property law of and Analysis of equivalent
VANEROVÁ, Veronika
The aim of this bachelor thesis is to present the terminology of Czech industrial property rights and to find or to suggest the translation of these terms into French. The paper is composed of two main parts, the theoretical part and the practical part. The theoretical part firstly focuses on the basics of the legal language and its uses and then on the introduction to the methods and principals of translation when translating a legal text. In the first section of the practical part the evolution of industrial property rights is presented, with a focus on international conventions relating to this field. The main part consists of the presentation of the legal terms used in Czech law, which are then found in Czech-French dictionaries and the results of this research are then confronted with French law and the international conventions with the aim of finding appropriate legal language equivalents. This work is concluded with a French-Czech glossary and a summary in French.
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Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China
Černá, Lucie ; Rozehnal, Aleš (advisor) ; Horáček, Tomáš (referee)
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...
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