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Cancellation and invalidity of a European trade mark
Rohlena, Jan ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee)
Revocation and Invalidity of European Trade Mark Revocation and invalidity of European trade mark, more precisely termed as Community trade mark (hereinafter as "CTM"), is a specific field of trade mark law of the European Union. It is Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark which forms a legal basis in this regard. The practice of the Office for Harmonization in the Internal Market and especially the jurisprudence of the Court of Justice of the European Union play very significant role in this area. The practice of the Office for Harmonization in the Internal Market and the jurisprudence of the Court of Justice of the European Union regarding Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is also relevant for the revocation and invalidity of CTM as this Directive provides for the revocation and invalidity of national trade marks in similar manner. The aim of this thesis is to analyse the nature of revocation and invalidity of CTM and individual grounds for revocation and invalidity as well as selected related issues, e.g. of procedural nature. This thesis is divided into four chapters. First chapter briefly introduces the institute of CTM and trade...
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Dissolution and termination of foundation focusing on its winding up
Studničková, Ivana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Dissolution and termination of foundation focusing on its winding up Abstract This diploma thesis titled Dissolution and termination of foundation focusing on its winding up is divided into five parts. The main aim of this thesis was to analyze the problematics of dissolution and termination of foundations which is an area quite insufficiently explored and discussed by the professional legal public. The other aim of this thesis was to analyse and evaluate recent Czech legislation of foundation area. Opening part of this thesis is dedicated to the general concept of a foundation as a legal person focusing on the conceptual elements of this legal entity; e. g. its establishment, creation, property, possibility to finance itself through some business activities, compulsory bodies and its activity. The attention was also focused on its historical perspectives and evolution, on the legislation of foundations and also on their current position in society and anticipated future. Second part is dealing with the liquidation process itself as comprehensive and complex procedure following after process of dissolution. Chapters of this part explain e. g. the purpose of liquidation process, the role of liquidator and each step of this procedure. Key part of this thesis is part number three. Main aim of this part is to...
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Cancellation and invalidity of a European trade mark
Rohlena, Jan ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee)
Revocation and Invalidity of European Trade Mark Revocation and invalidity of European trade mark, more precisely termed as Community trade mark (hereinafter as "CTM"), is a specific field of trade mark law of the European Union. It is Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark which forms a legal basis in this regard. The practice of the Office for Harmonization in the Internal Market and especially the jurisprudence of the Court of Justice of the European Union play very significant role in this area. The practice of the Office for Harmonization in the Internal Market and the jurisprudence of the Court of Justice of the European Union regarding Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is also relevant for the revocation and invalidity of CTM as this Directive provides for the revocation and invalidity of national trade marks in similar manner. The aim of this thesis is to analyse the nature of revocation and invalidity of CTM and individual grounds for revocation and invalidity as well as selected related issues, e.g. of procedural nature. This thesis is divided into four chapters. First chapter briefly introduces the institute of CTM and trade...
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Exclusion And Withdrawal of Members And Cancellation of Their Membership In a Limited Liability Company
Novopacký, Daniel ; Čech, Petr (advisor) ; Štenglová, Ivanka (referee)
Exclusion And Withdrawal of Members And Cancellation of Their Membership In a Limited Liability Company Abstract This thesis aims to analyze current legislation of exclusion and withdrawal of members and cancellation of their membership in a limited liability company. Although comparing the current legislation with the previous one is not the purpose of the thesis, such comparison is provided in several places. The purpose is to show the same or, conversely, different features of both, particularly in relation to the applicability of existing case law and doctrinal interpretation. The work consists of three main chapters that form a coherent wholes. The first chapter is devoted to the withdrawal of a member of a limited liability company and is further divided into several sub-chapters. It deals with the legal aspects of the withdrawal of a member under the Czech legislativ. It describes in detail the various reasons of the withdrawal and also offers some suggestions de lege ferenda. The second chapter focuses on the exclusion of a shareholder of a limited liability company by the general meeting. It brings an analysis of legislation, describes the procedure of exclusion and analyzes the available case law. The third chapter, entitled "Termination of participation of a member of a limited liability company...
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Exclusion of a member from, and termination of his participation in, the limited liability company
Šedivá, Soňa ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
EXPULSION OF SHAREHOLDER AND TERMINATION OF HIS PARTICIPATION IN THE LIMITED LIABILITY COMPANY ABSTRACT The purpose of my thesis is to analyze the legal regulation regarding exclusion of a shareholder and termination of his participation in a limited liability company in the Czech Republic. I have chosen this topic because of a lack of scholarly interest in this particular question of corporate law, even though it is a highly practical matter. The study analyzes law, commentaries, books, articles and relevant case law and compares the current legal regulation with the new legal regulation represented by the new Civil Code and the Act on Commercial Corporations. The main contribution of this paper is in a providing a critical perspective on this new legal regulation and in identification of future eventual interpretative problems. The thesis is composed of four chapters, each of which deals with different aspects of a view on problems of unilateral termination of a participation of shareholder in the limited liability company. Chapter One is introductory and explains the provisions of legal regulation of unilateral termination of participation of shareholder. Chapter Two is subdivided into three main parts. Part One focuses on expulsion of shareholder by the general meeting of the company. Part Two is...
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Establishment and formation of private limited company
Doležal, Michal ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The bachelor thesis "Establishment and formation of private limited company" deals with the characteristics of companies, points out the main characteristics of private limited companies and first of all describes establishment and formation and disestablishment and demise of private limited company. The thesis is devided into three chapters. The first one deals with the terms of companies and private limited companies. The second chapter describes establishment and formation of private limited company and the last one characterizes disestablishment and demise of private limited company.
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Organizational Component of the Foreign Person
Binder, Vít ; Zdráhalová, Miluše (advisor) ; Žák, Květoslav (referee)
Diplomová práce se zabývá postavením organizační složky podniku zahraniční osoby v právním systému České republiky jako jedním ze způsobů podnikání zahraničních subjektů v České republice. První část práce se věnuje uznávání zahraničních osob jako subjektu práva. Druhá část se zabývá podnikáním zahraničních osob obecně. Třetí část se věnuje právnímu postavení oraganizační složky podniku v jeho základních charekteristikách. Část čtvrtá se zabývá zřízením organizační složky podniku. V páté části jsou rozebrány označení, sídlo a postavení vedoucího organizační složky. Šestá část je věnována zrušení organizační složky podniku. V sedmé části je srovnání české právnické osoby a organizační složku podniku v určitých znacích.Osmá část obsahuje zhodnocení významu organizační složky podniku.
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