61\dokument1\23 December 2011 Abstract The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legislation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter of this thesis is a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, including the protection against unlawfully registered trade marks. The third chapter, which is the core of this thesis, discusses the uses and functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. This chapter also...

The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...

The aim of this thesis is to provide complex and where possible the most up-to-date view on industrial property protection in international law. Relevant international documents are discussed in detail and even emerging issues and future development in the field of industrial property haven't been forgotten. The first chapter is introductory and aims to highlight the importance of industrial property these days. Therefore it presents lot of statistical data. In the second chapter some practical, historical and law-philosophical roots of intellectual property protection and its international aspect are briefly mentioned. The term "industrial property" itself is presented and explained in the third chapter. The first part tries to give a universal definition, while the second part of the chapter involves analyzing the texts of chosen international treaties, which mostly define industrial property by enumeration. The Fourth chapter is dedicated to the most historically significant documents in the field of industrial property - Paris Convention and TRIPS Agreement - and it focuses on their contained principles. International organizations and their role in the system of intellectual or more precisely industrial property represent the topic of the fifth chapter. The following chapters 6-14 concentrate...

Annotation Innovations have been accompanying the human society during the whole era of its development. The concerns in stimulation of the innovations have lead to efforts for legal protection. Time limitation of patent owner's rights to an exclusive use of a technical solution has been raising opinion disputes during the whole period of its evolution. Even nowadays, in Czech as well as in European context, there are still many questions open in range of the patent protection and to contribute to its better understanding and clarification has been the main goal of this publication. From the point of view of the Czech milieu we have been living in a period of a growing attention paid to innovations while at the same time it has been a period filled with many substantial changes in range of the protection of technical solutions. The Czech Republic's access to the European Patent Convention has within the scope of this international agreement enabled validity of the European patents granted by the decision of the European Patent Office in the Czech territory for the first time. In addition, our country had became a member of the European Communities what has resulted in important changes in legislation regarding the industrial property rights protection and partially regarding the solutions protected by patents as well. These facts have had a considerable impact on the business environment in the Czech Republic, giving the Czech Republic the role of an active player on the European patent playground. This writing deals in particular with the matters of legal protection of inventions and their economic impact, while in some parts of this work, somewhat unsystematically; it swings into contemplations about the industrial property itself. This happens willfully and with an intention to analyze some of the issues in broader context and therewith contribute to better understanding of the complicated and in some cases distinctively contradictory or controversially manifesting relationships. First part of this book characterizes elementary issues of the patent law, thus not only historically but as regards the contemporary European and Czech legal milieu as well. European patent system is represented by the activities of the European Patent Organization and national patent offices. The Community patent system, despite the effort put in during the past 50 years, is still does not exist. However, this does not mean that current system does not provide us with numerous issues enough to contemplate about and analyze. The decisions of the European Patent Office are influenced by the diversity of the historic evolution of the patent systems in various parts of Europe; therefore they can be used as an interesting inspiration and study material for the expert public. That is the reason why there is often referred to them in this work. On the other hand, the legal relations originated from the European patents, after the European patent protection had been granted, are a subject to a review according to the national legislation, therefore it is not surprising that the decisions and results of similar disputes not seldom bring different results. It is therefore worth to analyze them thoroughly. The extent of this work has only allowed me to concentrate only on some of the above mentioned issues, such are the possibility of legal protection of computer2 implemented inventions, issues connected with the extent of the patent protection and basic ideas on financial assessment of technical solutions, primarily of the patents. Some more detailed considerations were included too, such as about the debates and their progress in European level. Herewith I mean the matters concerning the translations of European and possibly Community patents, patent protection quality and in long term, thought until now unsuccessful debates regarding the creation of the European patent judiciary.

This Research Report is submitted in fulfilment of the requirements for the degree of Master of Science in Property Development and Management to the Faculty of Engineering and Built Environment, University of Witwatersrand, Johannesburg, 2016 / The two main traditional revenue streams for airports are aeronautical and non-aeronautical revenues. In recent times, factors such as the slowing economic growth, terrorism threats, aircraft fuel hikes and fierce airline competition have contributed in reduced aeronautical revenues. The decline in aeronautical revenues has seen a shift of focus where most international airports now pursue business strategies to increase their non-aeronautical revenues. Airports in developed countries such as Schiphol, Brisbane, Adelaide, Canberra, Perth are recorded in literature to have shifted their focus to exploit the vast undeveloped land within the airport precincts through enabling the undeveloped land to be taken up for commercial property developments. This has allowed these airports to increase their non-aeronautical revenues in light of the declining aeronautical revenues. In South Africa, Airports Company South Africa (ACSA) announced its intention in year 2010 to unlock undeveloped airport land for commercial property developments within the nine airports that it operates. At O.R. Tambo International Airport (one of airports owned by ACSA), ACSA publicly announced the availability of pieces of land within the airport which can be taken up for commercial developments by private investors. One of the pieces of land is located in close proximity to existing airport adjoining residential houses in a suburb called Bonaero Park. Authors in existing literature have discussed availability of both positive and negative proximity effects of commercial properties on adjoining residential houses. This study researched the proximity effects of one of the proposed commercial property development at O.R. Tambo International Airport (ORTIA) on the houses in Bonaero Park through analyzing houses sales data of the suburb in the period of 2006 to 2014. A pre-announcement period was defined in the study from 2006 to 2010 and a post-announcement period defined from 2011 to 2014. House sales data from both the pre-announcement and post announcement period was analysed using quantitative methodologies. Qualitative data was gathered through conducting audio recorded interviews with Estate Agents who conducted house sales in Bonaero Park. Findings of the study reveal that the at both the pre-announcement and post-announcement periods, the South African residential property market was going through a tumultuous period which revealed that the announcement by ACSA to unlock the piece of land located in close proximity to the residential houses in Bonaero Park did not produce positive or negative proximity effects. / MT2017

Šio magistro baigiamojo darbo tema – pramoninės nuosavybės apsaugos internete problematika. Pagrindinės darbe naudotos sąvokos – pramoninė nuosavybė, internetas, domeno vardas, tiesioginis naudojimas, alternatyvūs ginčų sprendimo būdai, sui generis procedūra. Magistro baigiamojo darbo santraukoje trumpai apžvelgiamas nagrinėjamos temos aktualumas, užsibrėžti tikslai, tyrimo rezultatai bei išvados. Nagrinėjama tema ypatingai aktuali sparčiai besiplėtojant internetui, kuomet tradicinė pramoninės nuosavybės teisė ne visuomet atitinka aktualijas. Informacijos, perduodamos internetu, kiekiai pastoviai auga, tuo pačiu auga ir ginčų, kylančių dėl pramoninės nuosavybės pažeidimų internete, skaičius. Šiuo darbu siekta išanalizuoti pramoninės nuosavybės apsaugos internete problematiką. Nagrinėjant temą apžvelgtas pramoninės nuosavybės reglamentavimas, išanalizuoti pagrindiniai pramoninės nuosavybės pažeidimų internete atvejai bei teisių priešpriešos, taip pat išnagrinėti ir įvertinti perspektyvūs ginčų, kylančių dėl pramoninės nuosavybės naudojimo internete, sprendimo būdai. Darbe išanalizuoti tarptautiniai ir nacionaliniai teisės aktai, reglamentuojantys pramoninės nuosavybės registravimą bei apsaugą, Lietuvos Aukščiausiojo teismo praktika, užsienio valstybių teismų praktika, Pasaulinės intelektinės nuosavybės organizacijos Arbitražo ir mediacijos centro ginčų sprendimų praktika ir rekomendacijos, Interneto korporacijos paskirtiems vardams ir numeriams bei NOMINET ginčų sprendimo... [to full text] / Industrial property on internet – subject of master’s final work. Industrial property, internet, domain name, direct usage, alternative dispute resolution means as well as sui generis procedure – main terms used in this work. Subject relevance, set tasks, research results and conclusions reviewed in master’s final work summary. Traditional industrial property law was out of keeping to rapid development of internet so analyzed subject was particularly topical. Amount of information transmitted over internet grew up constantly and quantity of industrial property infringements on internet arose up accordingly. Master’s final work aimed for analysis of issues related to industrial property on internet. Industrial property regulation reviewed, leading infringements and antitheses on industrial property on internet studied and promising resolution means on disputes of industrial property usage on internet analyzed and evaluated as well. National and international legal regulations on industrial property registration and protection, practice of Supreme Court of Lithuania, practice of foreign states courts, practice and guidelines of dispute resolution of World Intellectual Property Organization Arbitration and Mediation Center and Internet Corporation for Assigned Names and Numbers as well as NOMINET dispute resolution regulations, Lithuanian and foreign law doctrine studied. Traditional industrial property law not always is able to protect infringed industrial property owner’s... [to full text]

This thesis analyzes the reconciliation of industrial property rights with the principle of free movement of goods in the EU and the implications of this solution on trade relations between the EU and Turkey in the scope of the Decision No. 1/95 of the EC-Turkey Association Council. In the second chapter, patents, trademarks, industrial designs and utility models then the EU regulations and the international regulations concerning the protection of the relevant right in the EU region is examined. Although, the need for &ldquo / EU wide protection of industrial property rights&rdquo / is not covered by these regulations, there are special provisions which stipulate &ldquo / regional exhaustion&rdquo / for trademarks and industrial designs. In the EU region there are systems for granting Community Trademark and granting Community Industrial Design which are co-exist with the national systems. However there is no system for granting Community Patent or Community Utility Models and there is no special provision which determine the geographical boundary of the exhaustion of patents and utility models. Nevertheless, the principle of regional exhaustion was accepted through ECJ decisions long before the above mentioned regulations which are very recent. In the third chapter of the thesis, firstly the provisions of the Rome Treaty regarding the free movement of goods, then the process that ECJ had faced until the regional exhaustion doctrine was reached and the implementation clauses of this doctrine is examined. Implementation of this doctrine affects both the trade relations among EU Member States and the trade relations between Member States and the non-EU countries. In the fourth chapter of the thesis, the provisions of the Decision No. 1/95 which regulates the free movements of goods between Turkey and the EU are examined with the articles of national legislation concerning the exhaustion of industrial property rights in Turkey. By considering above mentioned provisions and the different views in the doctrine, the trade relation between the EU and Turkey is examined with the economical, political and legal aspects.

Por meio deste trabalho são analisados os limites do direito de propriedade industrial de plantas. Os limites jurídicos são verificados pela análise da teoria da propriedade industrial, teoria da função social da propriedade, dos acordos internacionais pertinentes e da legislação e dos bancos de dados referentes à propriedade industrial dos Estados Unidos da América, da União Européia e do Brasil. O objetivo é verificar que tratativas a legislação e a jurisprudência brasileiras apresentam para os limites da propriedade industrial de plantas em suas duas formas de proteção – a proteção de cultivares e a patente de invenção. No apoio deste estudo se procura verificar como o setor vitivinícola do Rio Grande do Sul percebe a existência desta proteção e os seus limites aplicados à videira. O método utilizado neste estudo é o dedutivo e sua implementação se faz mediante estudo de caso, por meio do uso da ferramenta mesoanalítica da teoria do campo organizacional. Como resultados verifica-se que: 1) os limites à propriedade industrial de plantas são temporais, territoriais, legais, compulsórios e de esgotamento de direitos; 2) há insipiente jurisprudência brasileira, que aborda o tema de modo não uniforme; 3) os atores do setor vitivinícola do Rio Grande do Sul reconhecem a existência de direitos à propriedade industrial, identificando a forma de proteção desta propriedade e entendendo a existência desta proteção como importante para o Brasil. O seu desconhecimento e o desrespeito a esta proteção, bem como a falta de fiscalização, podem se constituir em fontes de dificuldades para a aplicação desse direito. Em regra, os atores conhecem muito pouco sobre os limites desta proteção, vêem uma relação positiva entre a propriedade industrial e a inovação tecnológica e esperam que a propriedade industrial de plantas seja efetivamente praticada no Brasil. É apresentado um modelo de abrangência do direito de propriedade industrial sobre o objeto planta, que pretende ajudar a orientar o reconhecimento dos respectivos direitos do inventor e dos usuários das plantas e seus limites. / In this dissertation the limits of the industrial, intellectual property rights as applied to plants are analyzed. The limits of the legal rights are unfold by the analysis of the theory of industrial property, the related, the theory of the social function of the property, international treaties, and by present laws, and available data bank on industrial property in the United States of America, European Union, and Brazil. The aim of this work is to point out how Brazilian laws and jurisprudence deal with the limits of the intellectual property rights of plants in the two used protection systems, the variety protection and the patent ones. To embody this study with a field work we proceeded a search on how people of the grape and wine industry of the State of Rio Grande do Sul, Brazil perceive the existence and the enforcement of this kind of right protection, and its limits when applied to vines. The method of analysis used in this study is the deductive one, its application by the way of a study case using the mesoanalysis of the organizational field theory. The principal points of the results of this study are: 1) the limits of the intellectual, industrial property rights are related to time, territory, legal and mandatory matters, and to exhaustion of rights; 2) there are indeed an incipient Brazilian jurisprudence, which deals with the subject in a non-uniform way; 3) representatives from the grape and wine industry of the State of Rio Grande do Sul do recognize the existence of the intellectual, industrial property rights applied to vines in Brazil, and understand them as an important form of property protection for the country. The lack of knowledge, and the eventual disregard for this kind of legal protection, and the lack of the corresponding law enforcement as well, might become significant sources of difficulties for fully implementing the intellectual, industrial property rights in the country. As a rule, people involved in the grape and wine business know very little about the limits of these legal rights, but do recognize a positive relationship between the intellectual, industrial property rights and the process of technology innovation, and hope that these rights will soon be widely enforced in Brazil. As a conclusion, a framework is proposed for application of the intellectual, industrial property rights related to protected plants, aiming orienting the recognition of the rights of the inventor, and of the users of these plants, and the corresponding limits of the rights called upon.

5 Abstract Protection of computer games and video games This study aims to explore the issue of legal protection of video games and their components, with the main focus on the intellectual property rights. Furthermore, this study describes the possibility of the protection for video games as complex unit through a copyright and the protection of video games or their components using the industrial property rights, in particular through patent and trademark protection. The study also aims to describe the legal status of the video game protection, within the framework of Czech legal system as well as European Union law and international law. Finally, this study summarises the issues arising from the existing legal regulation and provides possible implications. The first chapter outlines the main rationale for choosing the topic of the study and the aims of the study. The second chapter describes and defines the term video game and computer game. The third chapter contains brief history of the development of video games and their technical and legal protection. The section highlights important milestones in the development of protection of video games as well as some important decisions regarding video games, important organisations and regulations within the European Union and international law. Fourth...

Por meio deste trabalho são analisados os limites do direito de propriedade industrial de plantas. Os limites jurídicos são verificados pela análise da teoria da propriedade industrial, teoria da função social da propriedade, dos acordos internacionais pertinentes e da legislação e dos bancos de dados referentes à propriedade industrial dos Estados Unidos da América, da União Européia e do Brasil. O objetivo é verificar que tratativas a legislação e a jurisprudência brasileiras apresentam para os limites da propriedade industrial de plantas em suas duas formas de proteção – a proteção de cultivares e a patente de invenção. No apoio deste estudo se procura verificar como o setor vitivinícola do Rio Grande do Sul percebe a existência desta proteção e os seus limites aplicados à videira. O método utilizado neste estudo é o dedutivo e sua implementação se faz mediante estudo de caso, por meio do uso da ferramenta mesoanalítica da teoria do campo organizacional. Como resultados verifica-se que: 1) os limites à propriedade industrial de plantas são temporais, territoriais, legais, compulsórios e de esgotamento de direitos; 2) há insipiente jurisprudência brasileira, que aborda o tema de modo não uniforme; 3) os atores do setor vitivinícola do Rio Grande do Sul reconhecem a existência de direitos à propriedade industrial, identificando a forma de proteção desta propriedade e entendendo a existência desta proteção como importante para o Brasil. O seu desconhecimento e o desrespeito a esta proteção, bem como a falta de fiscalização, podem se constituir em fontes de dificuldades para a aplicação desse direito. Em regra, os atores conhecem muito pouco sobre os limites desta proteção, vêem uma relação positiva entre a propriedade industrial e a inovação tecnológica e esperam que a propriedade industrial de plantas seja efetivamente praticada no Brasil. É apresentado um modelo de abrangência do direito de propriedade industrial sobre o objeto planta, que pretende ajudar a orientar o reconhecimento dos respectivos direitos do inventor e dos usuários das plantas e seus limites. / In this dissertation the limits of the industrial, intellectual property rights as applied to plants are analyzed. The limits of the legal rights are unfold by the analysis of the theory of industrial property, the related, the theory of the social function of the property, international treaties, and by present laws, and available data bank on industrial property in the United States of America, European Union, and Brazil. The aim of this work is to point out how Brazilian laws and jurisprudence deal with the limits of the intellectual property rights of plants in the two used protection systems, the variety protection and the patent ones. To embody this study with a field work we proceeded a search on how people of the grape and wine industry of the State of Rio Grande do Sul, Brazil perceive the existence and the enforcement of this kind of right protection, and its limits when applied to vines. The method of analysis used in this study is the deductive one, its application by the way of a study case using the mesoanalysis of the organizational field theory. The principal points of the results of this study are: 1) the limits of the intellectual, industrial property rights are related to time, territory, legal and mandatory matters, and to exhaustion of rights; 2) there are indeed an incipient Brazilian jurisprudence, which deals with the subject in a non-uniform way; 3) representatives from the grape and wine industry of the State of Rio Grande do Sul do recognize the existence of the intellectual, industrial property rights applied to vines in Brazil, and understand them as an important form of property protection for the country. The lack of knowledge, and the eventual disregard for this kind of legal protection, and the lack of the corresponding law enforcement as well, might become significant sources of difficulties for fully implementing the intellectual, industrial property rights in the country. As a rule, people involved in the grape and wine business know very little about the limits of these legal rights, but do recognize a positive relationship between the intellectual, industrial property rights and the process of technology innovation, and hope that these rights will soon be widely enforced in Brazil. As a conclusion, a framework is proposed for application of the intellectual, industrial property rights related to protected plants, aiming orienting the recognition of the rights of the inventor, and of the users of these plants, and the corresponding limits of the rights called upon.