Thesis title: Enforcement of rights in industrial property Enforcement of rights in industrial property could reasonably be said to be as one of the most recent legal issues, notably with regard to the increasing number of infringements of this industrial property rights. Individual solutions of protection and enforcement of rights in industrial property are adapted over time in light of new priorities and developments (at international, EU and national level). The fight against counterfeiting cannot be dealt with only at a national area level. That was the reason why Directive 2004/48/EC of the European parliament and of the council on the enforcement of intellectual property rights was therefore adopted. This thesis deals with issues of enforcement of rights in industrial property and is divided into three main chapters. Firstly, it was necessary to examine issues of intellectual property rights in general terms and interpret the principal definitions regarding these rights. Secondly, a full picture of legislation at the international and national level and at the level of the EU was described, with regard to the relevant aspects related to the enforcement of rights in industrial property. Thirdly, the specific field of private enforcement of industrial property rights - Law No. 221/2006 Coll.,...

This article analyzes the missing rule and ruling about the protection of characters and fictional objects which are part of works covered by copyright. The author systematizes the criteria used in the administrative jurisprudence for conflicts between the intellectual property and the industrial property to extract specific rules in cases that involve fictional objects and characters, establishing and proposing criteria to find out the originality of these elements. / El presente artículo analiza la omisión normativa y jurisprudencial sobre la protección de los personajes y objetos de ficción que son parte de las obras protegidas por el régimen de derecho de autor. El autor sistematiza los criterios utilizados en los casos de jurisprudencia administrativa en conflictos existentes entre la propiedad intelectual y la propiedad industrial para extraer las reglas específicas existentes en casos que involucran objetos de ficción y personajes, estableciendo y proponiendo criterios para encontrar la originalidad de estos elementos.

The subject matter of this thesis is the analysis of the Czech pre-WW2 legislation on unfair competition as laid out by the Act on Protection against Unfair Competition 111/1927 Sb. and the vast body of work concerning its interpretation and application as contained in both doctrinal works and especially the case law of the Czechoslovak Supreme Court. The thesis then attempts to thoroughly compare these to the relevant contemporary Czech case law and theoretical works. To achieve this goal, after a thorough preliminary analysis and selection of the relevant sources (especially applicable case law), the thesis lays out the most crucial legal questions and areas of interest in which the current legal doctrine and case law have been influenced by the pre-war era. The thesis contains thorough analysis of provisions containing vague legal terms, such as "good morals of competition", "business relations" or "average consumer" and attempts to put these into the context of legislation, legal doctrine and case law of the first Czechoslovak Republic. Considerable attention is also paid to the relationship between industrial property law and the law on unfair competition. The focus has been put on providing an analysis of the foundations that had shaped the legal thinking of the first Czechoslovak Republic in...