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Výjimky z patentovatelnosti z evropského, českého a britského pohledu / Exclusions from patentability - European, Czech and British perspectiveValešová, Lenka January 2014 (has links)
The purpose of the thesis is to analyse exclusions and exceptions from patentability which is a negative requirement for an invention to enjoy a patent protection. It aims to answer the question why the exclusions are needed and whether they should be preserved as some of them proved to be very controversial. The law and practice of the European Patent Office, the Czech Republic and the United Kingdom are compared with the emphasis on the European Patent Convention and the EPO's case law. In the national regulation, mainly the differences and peculiarities to the European approach are pointed out. The work is composed of four chapters. The first chapter explains the basic concepts of patent law and presents justifications for patent protection. The second chapter deals with various patent systems and reviews the most important international tools of harmonization. In the third chapter, the exclusions are introduced and the distinction between Article 52(2) and (3) EPC (exclusions) and Article 53 (exceptions) is clarified whereas it is submitted that the difficulty posed by the exclusions lies in the interpretation of the words "as such" used in Article 52(3) EPC. The main focus of the thesis lies in chapter four which is subdivided into nine subchapters, each discussing one of the exclusions and...
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Uživatelská práva v informační společnosti / The Users'Rights in the Information SocietyJirsa, Jiří January 2012 (has links)
1 H. Summary The Users' Rights in the Information Society Dissertation thesis "The Users' Rights in the Information Society" focuses on the copyright exceptions and limitations (hereinafter referred to as copyright limitations) as an area which, in addition to the licensed use, affects users of copyrighted works in the most direct way. The term "users" is understood in the concept of this work, in accordance with foreign and Czech scientific literature, in a broad sense, covering also consumers of copyrighted works or users of digital content on the Internet. In the context of copyright limitations users are allowed to use copyrighted works on a non-contractual basis, without the consent of the author, either for free or in the form of a paid statutory license. Copyright limitations include a wide range of uses reaching from the quotations through the use for a private purpose to the so-called news reporting and governmental statutory limitations. The concept of users' rights (despite - as seen from a certain angle - its actual existence) has not been so far defined in the legal literature in a consistent manner. However it attracts an exceptional academic attention for its conceptual and strategic importance. The concept of users' rights represents - rather than a framework of real subjective rights - a...
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On the semantics of exceptions for high level and low level languages / On the semantics of exceptions for high level and low level languagesTejiščák, Matúš January 2012 (has links)
The thesis deals with correctness of a compiler of a simple language featuring exceptions. We present formal semantics, both denotational semantics of a~high-level language and operational semantics of a low-level language for a~simple stack machine. We study the method of stack unwinding and then iteratively, improving upon a naive solution, we present a different method that is structurally recursive and thus suitable for implementation in total dependently typed languages. Finally, we provide an implementation of the compiler in the dependently typed functional programming language Agda, along with a mechanically verifiable proof of adherence of the implementation to the semantics.
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Obecné a individuální výjimky při poskytování státních podpor podle evropského práva / General and individual exemptions in the provision of state aid under European lawŠtěpánková, Zuzana January 2011 (has links)
General and individual exemptions in the provision of state aid under European law This diploma thesis refers to the European regulation of the provision of state aid by member states. Because of the fact that under certain circumstances state aid can affect the economic competition among concurrents both within a member state and within the internal market of the EU and thus have a significant bad influence on it, art. 107 subsection 1 of the Treaty on the Functioning of the European Union (TFEU) states a general interdiction of providing state aid by the memeber states. It defines state aid as financial aid in any form (direct grant, soft loan, tax allowance, interest subsidy etc.), payed out of financial ressources belonging to the state ("state" defined in a large sense as both the central state sphere and local government sphere), which give preferential treatment to certain companies or certain production sectors and thereby affects or may affect competition, and lastly which have an influence on business between the member states (have an effect on the internal market). Of course there have to be exemptions from this general interdiction. The exemptions are regulated in art. 107 subsection 2 TFEU (general exemptions) and 3 TFEU (individual exemptions). There are three general exemptions:...
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Povinná mlčenlivost zdravotnických pracovníků - trestněprávní aspekty / Obligatiory confidentiality of medical workers - criminal aspectsMišľan, Martin January 2014 (has links)
The aim of this work was to bring the issue of mandatory confidentiality of health workers and the exceptions to this concept in the context of criminal law. In the first part of the thesis is generally defined by the Institute of mandatory confidentiality in health care, sources of legal regulation of this institute and its development in the Czech legal order. The work also deals with medical records and privacy of sensitive data in connection with the obligation of confidentiality of medical professionals. The next section is defined by breaking the confidentiality required the consent of the patient and also cases where the patient's consent to obtain information about his state of health is not required. The work also deals with criminal liability for breach of confidentiality and lists the offenses that can be committed in violation of this obligation. In the conclusion the work presents a brief comparison of the regulation of the Slovak Republic and in the Federal Republic of Germany.
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Nástroje společné obchodní politiky při dovozu do EUMiléřová, Blanka January 2015 (has links)
The diploma thesis analyzes instruments of the Common Commercial Policy of the European Union applied on imports of goods to the EU, both through their application in practice and based on the case law of the Court of Justice of the European Union. The thesis deals with customs duties, quantitative restrictions, safeguards and non-tariff instruments, anti-dumping and anti-subsidy measures and safety and other exceptions. Based on the findings, strengths and weaknesses of their practical application are identified and in the conclusion, some of the possible improvements to the current situation are proposed.
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Evropská daňová legislativa z pohledu výjimek přidělených jednotlivým členským státům EU v oblasti DPH / The european legislation in relation to the exceptions granted to members of EU from the common system of VATHronová, Lucie January 2008 (has links)
The value added tax has been adapted by various legal instruments of the European community (regulations, directives, decisions etc.) which are used to harmonise this tax. Together these documents establish "the common system of VAT". The time definition of this system is not simple, because of newly ratified legal instruments that are reacting to both Community requirements and the current economical situation. At the present time, combating tax evasion is the fastest developing part of the common system. Tax evasion is significantly reducing revenues of the whole Community by reducing the revenues of single member states. Even if the European Union always places emphasis on the equal conditions for all member states in all areas of interest including claiming VAT, there are some exceptions from the common system granted for member states. The main objective of these exceptions is to take into consideration the specific conditions in each member country through special instruments added to the common VAT system. These exceptions should simplify the acceptance of the common system by all member states.
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Problematika zákazů jízd v MKD v ČR a okolních státech / The issue of driving ban in international road transport in the Czech Republic and neighboring countriesCejnar, Tomáš January 2014 (has links)
This thesis deals with the driving ban. I analyze three countries: Czech Republic, Germany, Austria and France. In the theoretical part I deal with the legislation, which applies to international road transport. In the practical part I deal with the analysis of a driving ban in selected states. I analyze exception from the driving ban too. The last part describes problems that bans trips bring carriers.
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Ochrana hospodářské soutěže - blokové výjimky / Protection of economic competition - block exemptionsKrausová, Michaela January 2015 (has links)
1 Abstract Block exemptions are very specific institute of competition law but although they have existed in European law for many decades, their application is not well-known in public. Certain activities in an economic competition were generally considered distorting the free competition and thus being undesirable so the EU institutions decided to prohibit them unless otherwise provided. The cartels and state aid generally bring imbalance and unfair conditions in the internal market, but there are certain circumstances which justify their usage and allowance in some cases. The actions, which are allowed due to their specific circumstances and under certain conditions, are provided in the form of so called block exemptions. Block exemptions are issued in two areas of competition law, agreements between undertakings and state aid. Agreements between undertakings, i.e. cartels, which affect the business in the internal market, are prohibited by Art. 101 (1) TFEU and the block exemptions determine the categories of cartels which can be allowed. On the other side, the state aid is only considered as incompatible with the internal market in Art. 107 (1) TFEU. According to Art. 108 (1, 3) TFEU, the Commission has to be notified by Member States about every state aid which is scheduled to be provided in advance...
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Aktuální vývoj evropské legislativy v oblasti autorských práv / Current development of the European legislation regarding copyrightKocarová, Klára January 2018 (has links)
This thesis "Current development of the European legislation regarding copyright" deals with the current EU proposals on the modernization of copyright. For the purposes of this work, I have determined as "current" the proposals and documents published between 2015 and 2017 due to the consistency of the pursued objectives and the close interrelation between relevant EU documents. The main target of this work is to present key documents, whether accepted or proposed, to update European copyright for the needs of the digital world. This work is divided into eight chapters representing not only the proposals but also the environment into which they will be incorporated. For this reason, the first three chapters briefly address the introduction of the basic concept of copyright, as well as the harmonization of rights in the EU and the existing legislative framework in Europe (including international treaties and EU measures). In the following chapter, I introduce digitization and the internet as important factors, which affected copyright to such an extent that it appears in some ways to be completely incompatible with modern age. The fifth chapter highlights the main target of the ongoing adaptation of copyright law, which is the creation of a single digital market within the EU. The core parts of...
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