Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...

Summary: Contractual copyright law The aim of this thesis is to analyse the current state of regulation of contractual copyright law in the Czech Republic. I have chosen this topic, because I am an amateur photographer and knowledge of different kinds of contracts dealing with copyright might be very useful for me in the future. Knowing most of details affecting final conditions of the contract is the best way, how to exploit my work well, and, what is even more important, I should be able to answer all of questions concerning copyright to my friends (and, in later, professional life, also to my clients). The thesis is thematically divided into seven chapters. The first chapter is introductory and outlines all the content, which is to be dealt with in latter text. It attempts to define the position of copyright in the Czech legal system. Chapter Two focuses on the grounds of contractual techniques and the way of their implementation in the basic civil codex. Furthermore, attention is paid to differences between commercial and civil law, which might be crucial for some side questions of copyright contracts. In Chapter Three, there is the conception and approach of Czech legislature to copyright described. The dichotomy between personal and property rights of authors is explained as well as the nature of...

CONTRACTUAL COPYRIGHT LAW This thesis is dedicated to the Czech Copyright Law, which is part of Intellectual Property Law. The core of this work is lying on description and recognition of contractual concepts of Copyright Law in Czech Republic, namely the last two Copyright Acts. The first Copyright Act was valid from 1965 till 2000. The second Copyright Act is effective since 2000. Chapter 1 covers the sources of Czech Contractual Copyright Law on different levels, from the constitutional grounds to the regulations. Chapters 2 and 3 are initial introduction to the Intellectual Property Law. It provides basic explanation of intangible property terms. Chapter 4 tries to briefly show the history and the development of the Copyright Law on the Czech territory, particularly Czech Contractual Copyright Law. Chapter 5 deals with provisions of Copyright Act 35/1965. It concentrates on contracts for the distribution of a work and contracts to produce a work. Chapter 6 is devoted to the effective czech Copyright Act 121/2000 and its provisions related to contractual law. With short notice about contract for a work done. Chapter 6 compares some important attributes of both mentioned Copyright Acts.

The topic of this thesis is "Trade license and the requirements for undertaking business as sole trader". Its aim is to analyze the current legal regulations with regard to the historical development and judgments, to evaluate it, to highlight its deficiencies and to deal with possible solutions. I have chosen this particular topic because it's a very relevant topic, one which is constantly developing and as such offers enough food for thought. It also plays an important role in the life of society and in the life of an individual. The thesis is composed of four chapters. Chapter One, subdivided into five parts, summarizes the historical development of the trade law with focus on the main law in this area which was issued in 1859 and became the fundamental document in the subsequent period and influenced current legal regulations too. Chapter Two is divided into four parts. Part One defines the trade license, while Part Two briefly describes its classification. Part Three concentrates on subjects of trade license, including conditions for foreign persons. Finally Part Four deals with the responsible representative. In Chapter Three I focus on the requirements for undertaking business as sole trader. It's consisted of three parts, one about general requirements, one about specific requirements and...

Summary: Software Licensing The thesis deals with different practical aspects of commercial software licensing from the perspective of the Czech legal system. The focus is put on software license agreement as the most important legal instrument granting rights of use for computer programs. The thesis opens with a summary of Czech legislation in force in this area in the context of European community law and international law. The legislation in effect is largely governed by the Copyright Act. Coming into effect from 1st January 2014, the software licensing agreement legislation moves into the New Civil Code. The thesis deals with the changes arising from this transition. The fifth chapter considers the regulation of pre-contractual liability in the New Civil Code as it is especially important in protecting confidential infor- mation in pre-contract negotiation. In summarising the issue of software licensing, the thesis builds on the elements of legal relationship. It examines the roles of licensee and licensor, the two parties of software license. The text also deals with cases where a licensor of creative work is a different from the creator of the work. The role of licensor can be assumed by a legal successor or by a party authorized to exercise property rights to work made for hire. The next part explores...

The aim of my work is the analysis of the company Škoda Auto in the market of China. This market is one of the key market for sales nowadays. Another aim is the analysis of potential countries for expanding of the company and trying to find a suitable strategy for enter. The first part deals with the automotive industry mainly in the domestic market including influence of world crisis. The presentation of the company, the position in the market and operations abroad are described in the second and the third part. The goal of the fourth part is the market of China, where Škoda Auto produces on basis of license. The tools of marketing mix with emphasis on China are included in the fifth part. China disposes of great potential and increasing sales, but there are another possibilities to expand its activities. The company doesn't operate in the markets of Southeast of Asia yet. I tried to find suitable strategies how to enter there.

El presente trabajo de Investigación tiene como objetivo mejorar la Seguridad de las Edificaciones, en el presente caso de estudio del Distrito de Miraflores, el cual podría ser aplicable en todos los gobiernos locales al ser un tema de ámbito nacional. Las deficiencias de la seguridad de edificaciones se deben a la inadecuada supervisión e inspecciones de los profesionales (en especial el ámbito municipal – ente rector) que tienen a su cargo velar por la correcta ejecución de las obras. A fin de garantizar que los proyectos de edificación cumplan con los requisitos de seguridad requeridos, la Municipalidad debe cumplir con la Ley 29090, referida a las Supervisiones de Obra, convocando a los Profesionales Calificados por los Colegios Profesionales correspondientes por cada especialidad. El personal municipal debe estar capacitado para realizar una revisión de la presentación de expedientes previo a la recepción, verificar los requisitos mínimos que debe contener para un edificio de determinada altura, área y uso, tanto en planos como la documentación técnica necesaria, siguiendo las pautas establecidas por la Ley 29090 y su reglamento, así como las ordenanzas municipales. Como resultado se podrá garantizar obras ejecutadas de acuerdo a los Proyectos Aprobados de Licencia, con las conformidades necesarias solicitar las certificaciones de funcionamiento, ya que contarían con la opinión favorable de todas las especialidades. Con el ingreso correcto de los expedientes al inicio de cada procedimiento no se tendrían retrasos para las gestiones de cada proceso de licencia. / The objective of this research work is to improve Building Safety, in this specific case of study in the District of Miraflores, but it could be applicable in all local governments as it is a national issue. The deficiencies in the security of buildings are due to inadequate supervision and inspections by professionals (especially the municipal area - governing body) who are in charge of ensuring the proper execution of the works. In order to guarantee that the building projects comply with the mandatory safety requirements, the Municipality must comply with Law 29090, referred to the Works Supervisions, calling the Professionals Qualified by the corresponding Professional Associations for each specialty. The municipal staff must be able to carry out an examination of the presentation of files prior to the reception as such, verify the minimum requirements that a building of a certain height, area and use must possess, both in plans as well as in the technical documentation required, following the guidelines established by Law 29090 and its regulations, as well as municipal ordinances. As a result, works executed in accordance with their Planning Permits can be guaranteed, with the necessary conformities when requesting the operating certifications, since they would have the favorable opinion of all the specialists. With the correct submission of the files at the start of each procedure there would be no delays in the management of each permission process. / Trabajo de investigación

Esta dissertação tem por objetivo apresentar as licenças de software livre mais importantes, sob a luz dos seus principais aspectos jurídicos e da inter-compatibilidade, de forma a auxiliar pessoas envolvidas no desenvolvimento de software a compreender as implicações destas licenças ao fazer uso delas em seus projetos. A dissertação contextualiza as licenças, tanto no tocante à legislação brasileira, quanto no que diz respeito às restrições de licenciamento, de forma a viabilizar a análise de compatibilidade que se segue. Casos de projetos proeminentes de software livre cujo desenvolvimento foi afetado pelas implicações mencionadas ilustram a investigação, que é complementada por uma análise de ferramentas e metodologias existentes que auxiliam na gestão dos aspectos de licenciamento. / The purpose of this Master thesis is to present the most common free software licenses, regarding their main legal and inter-compatibility aspects, to help people involved in software development understand the implications of these licenses when using them in their projects. It contextualizes the licenses, both in terms of the Brazilian legislation, and regarding licensing restrictions, to make the subsequent compatibility analysis possible. Cases of free and open source software in which development was affected by the mentioned implications illustrate the research, and it is complemented by an analysis of existing tools and methodologies that assist in the management of licensing issues.

O escopo da presente tese reside na análise do contrato de licença de uso de marca à luz da Lei 9.279/96 e do Código Civil de 2002, bem como os efeitos jurídicos daí decorrentes, sobretudo na ambiência do direito pátrio. Sinaliza, por igual, que o tema em questão carece de análise mais depurada em torno dos princípios e cláusulas gerais de direito contratual arraigados ao diploma civil em vigor, dada a sua complexidade e a ampla gama de institutos de Direito Civil e Comercial que encerra, além dos elementos econômicos indissociáveis da realidade jurídica que o permeia. São objetos do presente estudo as matérias que circunscrevem a órbita dos contatos de licença de uso de marca e que, portanto, são indispensáveis à compreensão e à análise crítica do instituto, para o qual se recorre ao Direito Estrangeiro e ao amplo exame da jurisprudência pátria. Na esteira dos objetivos da presente tese, fá-se, ainda, análise das evoluções legislativa, doutrinária e jurisprudencial dispensadas ao instrumento contratual em exame. São externalizados, por igual, debates acerca das novas tendências de tratamento do tema no Direito alienígena e no Brasil, sobretudo em relação à aplicação dos dispositivos consignados na Lei 9.279/96 e outros dispositivos normativos consignados no Código Civil vigente, em cujo diploma houve a unificação do direito obrigacional. A delimitação dos preceitos jurídicos aplicáveis aos contratos de licença de marca ainda remanesce pendente de assentamento no Brasil, em função da atipicidade desta figura contratual de direito industrial. Por fim, com respaldo no princípio da função social do contrato, apresenta-se recomendação no sentido de se reformatar redação de dispositivo normativo consignado na legislação marcária vigente, de tal sorte a harmonizá-lo ao princípio contratual em referência. / The scope of this thesis is the analysis of the Trademark License Agreement in the light of Law 9.279/96 (Brazilian Industrial Property Law) and the Civil Code of 2002, as well as the legal consequences arising therefrom, especially under the national legal system. This work equally indicates that the agreement under review requires further investigation on the principles and provisions of general contract law rooted in civil code in force, given its complexity and wide range of institutes of Civil and Commercial Law, as well as indissoluble economic elements of the legal reality which permeates it. The topics that limit the orbit of the Trademark License Agreement are objects of this study and are, therefore, essential for the understanding and critical analysis of the institute, for which we will also run over the international law and comparative jurisprudence. In the wake of the goals of the current thesis, it is intended to proceed with the examination of legislative, doctrinal and jurisprudential developments with regard to the juridical instrument under consideration. Debates concerning the new trends in treatment of the subject under the International and Brazilian Law are also mentioned, especially in relation to the application of the general principles of Contract Law and other regulations established by the current Civil Code, in which there was the amalgamation of the Obligation Law. The demarcation of the civil principles applicable to the Trademark License Agreements still remains pending consolidation in Brazil, due to the newly and still embryonic civil legislation, as may be largely understood from this study. Finally, in accordance with the social function principle, there is recommendation in order to rewrite an article set forth by the current trademark law, with the aim to harmonize the modified article with the afore said principle.

Trademarks and their practical use in economic competition The aim of my thesis is to highlight both the possibility of practical use of trademarks in economic competition and the problems associated with use of the trademarks. The thesis is divided into five main chapters. . The first chapter defines which label may or may not become a trade mark and also describes the registration procedure. In this charter I also point to the current conservative approach concerning sound and smell trademarks and try to suggest a possible future legislation, because in my view the trade mark law is constantly evolving and it is necessary to adapt it to the future market needs. This issue is discussed from the national, european and international point of view. The following chapters concentrate on particular ways of use of trademarks in economic competition. The emphasis is placed mainly on two areas - license agreement and protection against unfair competition. The license agreement is currently the most common means by which the industrial rights are transferred. For this reason I try to outline possible problems arising from a conclusion of a license agreement and from its duration; with reference to the current legislation. Very interesting, but in my point of view, rather controversial opinion was expressed...