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Competition law aspects of technical standardization, use and protection of intellectual property rights
Pelcman, Lukáš ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
Competition law aspects of technical standardization, use and protection of intellectual property rights Abstract The thesis deals with mutual relationship between intellectual property law and competition law in the context of technical standardization - i.e. process which gives rise to a significant number of potential conflicts between the two legal areas. It is analysed, in the context of technical standardization, in what way are subjective rights of intellectual property right owners limited by competition law regulation. It falls within the ambit of this thesis to evaluate whether respective legal framework fulfils necessary requirements on legal certainty and whether it is applied in the same manner to each undertaking, or if there are any discrepancies as to the application of the legal framework dependent on the kind of the undertaking. This thesis particularly concerns with competition law aspects of standardization in information and communication technology sector and selected issues related to use or protection of intellectual property rights in connection to article 101 and 102 TFEU. First chapter explains what the term technical standard entails, introduces de facto and de jure standards, describes the process of their creation and analyses potential effects of this process on the...
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Food Legislation of EU and The Czech Republic - Implementation by Food Industry
ŘÍHA, Michal
This work describes the development of legislative provisions relating to the issue of animal products as food, issued in the CR and the EU. This work also reports their implementation in food businesses, particularly in terms of data provided on product labels. During this work product labels were collected in selected chain stores, documented by photography and the obtained results were compared with the applicable requirements of the CR. The observed data of this study are also compared with the requirements of Act No. 110/1997 Coll. Food, and Decree No. 113/2005 Coll. Individual products of the investigated area (meat and dairy products) are also compared with each other (Point method and Simplified Point Method) and in terms of significance, consumer attention and other appurtenances associated with data on product labels were surveyed. The results revealed a strong dominance of Czech manufacturers on our market in categories of both milk and meat products. In terms of characteristics that producers are obliged to provide, no significant errors were found. If the products lacked any indication, it was usually an indication of dietary (nutritional) value for both meat and dairy products. Manufacturers of the products studied provided a large number of optional information (logos, etc.). We conclude they should rather focus on some of consumer-preferred emblems, for there is high number of them and they seem difficult to follow by the customers. Most consumers prefer the Klasa and the ?Český výrobek? (Czech product) logos.
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