Thesis (M. Phil.)--University of Hong Kong, 2008. / Also available in print.

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.,...

Thesis title: Enforcement of rights in industrial property This thesis deals with issues of enforcement of rights in industrial property and its aim is, first, to provide a full picture of means to enforce intellectual property rights (with particular emphasis on current legislation) and, second, to analyze the Law No. 221/2006 Coll., on the enforcement of industrial property rights in more detail with jurisprudence and scientific literature. The first method of this thesis, which was chosen, is a scientific description which allows mapping single areas of enforcement of rights in industrial property. The second method, which was chosen, is an analytical method which allows examining the Law on the enforcement of industrial property rights. This thesis is structured into five single chapters, which are themselves broken down into subchapters, sections and subsections. First chapter examines issues of intellectual property rights in general terms and interprets the principal definitions regarding these rights. Second chapter is dedicated to a full picture of legislation at the international and national level and at the level of the EU. Third chapter deals with the different areas of public enforcement of industrial property rights. Fourth chapter deals with the different areas of private...

The aim of the diploma thesis is to define individual types of intellectual property and to describe ways of intellectual property protection in Czech Republic including the relevant institutions and legislation. The thesis demonstrates how the intellectual property is protected abroad, concerning the national degree of protection in thirty countries (according to OECD selection) and also the international degree. Attention is paid to individual institutions and their objectives and also to their online presentation via institutional websites with the inclusion of the websites' quality ranking. The patent, industrial design and trademark databases of WIPO and ÚPV (Czech office for intellectual property) are judged according to the ISO 9241 standard. Keywords patent offices, industrial property offices, intellectual property, industrial property, information services, databases, Industrial Property Office of the Czech Republic

Resumé - Protection of Selected Industrial Property Rights and International Law Within the last approx. two hundred years, industrial production has made a huge progress and at the same time international trade has grown very significantly. The need of industrial property protection of a good quality at the international level led to conclusion of many multilateral international treaties mainly at the WIPO and also to the creation of international systems which ensure the needed level of industrial property protection and also facilitate international cooperation as well as the process of applying and administration of rights in several countries. At its very beginning, the thesis describes the industrial property in general and it deals with its definition, conception and specificity since it is essential for better understanding of the following chapters. In the next step, the thesis presents the cornerstones and the most important treaties of the industrial property field from the international perspective. These are the Paris Convention and the TRIPS Agreement - two treaties that even today keep their high significance. In this context, there is also a section concerning the essential international organization in this field - the World Intellectual Property Organization (WIPO), but it also deals with...

The topic of this thesis is "Industrial property rights to the results of creative activity and their protection." This thesis reflects on Protection of Industrial Property as a part of a modern legal system which is getting more and more important in legal systems of all states. Protection of intellectual rights and industrial property became an integral part of the legal system in every developed country. In my work, I describe a wide range of Czech legislation governing the creative work in the field of industrial property. Very intense development in science and technology during the last decade caused growing importance of industrial property rights. Protection of industrial property is a very important framework of innovation stimulating research and development investment and transfer of knowledge from laboratory to the marketplace. It is clear that this course of economic life has received much attention not only in domestic law but also in international law. The protection of Industrial property rights is important for economical development at home as well as on an international level which led to establishing legislative protection in legal systems of individual countries as well as international treaties and agreements. While state and international legislature covers all aspects of intellectual...

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...

Resumé - English language The topic of this thesis is the protection of industrial property and international law. The aim of the thesis is to provide an overview of the international treaties governing the law of intellectual property. The focus of the thesis also includes the current issues within this area of law. The introduction focuses on current dynamic development of the society and technology and the need for flexible legal framework in relation to protection of the industrial property, capable of addressing such dynamic development and changes. The first chapter includes definitions of terms concerning intellectual and industrial property, brief history and the philosophical origins of intellectual property. The second chapter describes important international organizations active in the area of industrial property and their mutual relations. This chapter also describes more in detail the two historically most important international documents - Paris Convention and the TRIPS Agreement and their most important principles. The end of the chapter deals with the status of the European Union and its legal norms in the area of industrial property. Chapters 3 - 7 gradually focus on individual objects of industrial property law protection. Firstly I deal with patent protection, its particular...

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...

- 1 - The protection of the creative industrial property rights and international law The topic of submitted thesis is "The protection of the creative industrial property rights and international law". Its aim is to analyse the regulation of creative industrial property rights from the international perspective. The thesis is divided into two main parts. In the first one I have described the history of international cooperation in the field of industrial property protection, the milestones to be emphasized are the Paris Convention for the Protection of Industrial Property Rights (1883), the Convention Establishing the World Intellectual Property Organization (1967) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994). Some attempts of regional cooperation are briefly discussed, especially those in Europe (European Union, European patent organization), but others in the Eurasian area, Africa, Asia, South America and other parts of the world as well. The second part of the thesis is focused on the individual types of creative industrial property rights. The most important is the patent protection, besides the Paris Convention and the TRIPS Agreement there are some other relevant legal instruments, such as the European Patent Convention, the Patent Cooperation Treaty, the Patent...