The thesis focuses on the concept of parallel imports in the Czech law in light of the judicature of the European Court of Justice. In the first part of the thesis, after a brief introduction to the Czech trademark law, the thesis seeks to define the individual competencies of trademark owners and their restrictions, with an emphasis on the concept of exhaustion of the rights towards the trademark. The second part of the thesis focuses exclusively on the concept of parallel imports within the European Union and the European Economic Area and their impact on the internal market. The issue of exhaustion of the ownerʼs rights towards the trademark, being closely related to parallel imports and without which parallel imports as such could not exist, represent a key part of the European Court of Justiceʼs rulings. The analysis of the rulings conducted in the thesis demonstrates that the possibilities of trademark owners to inhibit parallel imports are significantly limited and that the European Court of Justice tends to assign greater importance to protecting the internal market than to protecting the subjective rights of the trademark owners.

This diploma thesis deals with trademark in competition. It analyses the position of the trademark owner from the point of view of rights provided by the legal system in connection with his trademark ownership. The aim of the thesis is to answer the question which rights are granted to the trademark owner by the trademark law, which rights are granted to him by the unfair competition law and to depict mutual correlation of those two legal branches from the mentioned point of view. In order to achieve these targets the thesis is divided into three chapters. The first chapter deals with the trademark owner rights, where it analyses the regulation of these rights in Czech legal system, i.e. provision of act -No. 441/2003 Sb. on trademarks, considering European directives on trademarks (No. 89/104 and 2008/95/ES). This is followed by the judicature of the Supreme Court of the Czech Republic and of the Court of Justice of the European Union explaining these legal provisions. The provisions of Council Regulation on the Community trade mark (No. 207/2009) and Paris Convention for the Protection of Industrial Property are also mentioned. For the purpose of further explanation the second chapter brings an analysis of the competitor's protection by the unfair competition law from the provisions relevant for...

The purpose of my thesis is to provide general requirements for the registrability of trademarks and to analyse particular grounds for refusal of registration of trademarks according to czech law. The thesis is composed of four main chapters, each of them dealing with different aspects of czech trademark law. Chapter One outlines brief history of the very first legislation dealing with trademarks and their registrability until recent days. Chapter Two is introductory and defines basic terminology used in the thesis and also presents categories of trademarks. The chapter is subdivided into five parts. Part One deals wiht national trademarks, part Two focuses on international trademarks, part Three deals with well-known trademarks. The last part presents the Nice clasification established by the Nice Agreement. Chapter Three provides an outline of all absolute grounds for refusal of registration of trademarks under the czech law. The chapter concentrates on particular absolute grounds; the chapter is subdivided into ten parts, each of them dealing with one particular absolute ground. The chapter also illustrates the approach to decision-making by trial courts and practice of competent authorities. Chapter Four concentrates on all relative grounds for refusal of registration of trademarks under czech...

in English Use of trademarks as keywords for searching the Internet The purpose of this thesis is a comprehensive analysis of the use of trademarks as Internet search engine keywords to trigger advertisements that are displayed on search result pages. The main part of the thesis is devoted to legislation and case law in the US. However, for the comparative purposes, I also address developments concerning keyword advertising in the EU. I chose this topic because it combines traditional elements of law with modern technologies. Moreover, despite its significant economic and legal impacts, I consider this topic as insufficiently researched in the Czech Republic. This thesis consists of six chapters. The first chapter is devoted to a general introduction to trademarks, including the history of trademarks, current legal definitions of trademarks as well as legal frameworks of trademarks law. This chapter also focuses on an element of trademark distinctiveness and analyses functions of trademarks. Last but not least, it also describes basic classifications of trademarks and provides their examples. The second chapter introduces the issue of keyword advertising. It focuses on a description of the operation of Internet search engines, keyword advertising programs and AdWords' current policy. The third...

The goal of this diploma thesis is to compare trademarks in terms of their systemic and practical functioning not only in terms of economic competition and to identify pitfalls and formulate recommendations both practical and de lege ferenda. Trademarks and their institutes are also compared with other exclusive rights to labels. By way of their mutual comparison I attempt to find systemic and procedural differences in differing legislation and following that, attempt to identify aspects that could enrich either subsystem of rights to label. This thesis is divided into 6 chapters. In the opening chapter, I deal with the definition of key terms as well as the role of trademarks in industrial property rights. Following that I deal with mark law as enshrined in international law as well as the individual systems - national, European and international. The greatest attention is given to trademarks and their various aspects. An entire chapter is spent on their detailed exploration and analysis as well as their comparison with other rights to label. Recommendations, both practical and de lege ferenda are formulated based on this analysis. Attention is also given to the law enforcement of industrial property rights as well as the use of instruments of private law, especially as it concerns the right to...

IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...

Le nom de domaine était inventé pour localiser sur Internet. Son valeur augment en tant qu'une ressource importante pour les entreprises. Ils ont été reconnu un type d'un signe distinctif par les jurisprudences. Le principe de « premier arrivé, premier servi » est appliqué pour enregistrer. Le problème est qu'il n'existe pas de système permettant aux registraires de filtrer au préalable les demandes susceptibles de poser problème. Ils peuvent entrer en conflit avec d'autres signes distinctifs, notamment avec les marques. Les causes peuvent expliquer par les différences des systèmes. En principe, les litiges relatifs aux noms de domaine découlent de la pratique du cybersquattage. L'apparition du cyber squattage et l'augmentation rapide du nombre de conflits nuisent à la sécurité légale. Pour résoudre ces conflits, on peut utiliser deux procédures : la procédure extrajudiciaire et judiciaire. L'UDRP procédure a été mise en place par l'ICANN. Cette procédure est évaluée comme peu coûteuse, rapide et efficace. Beaucoup de pays opèrent la procédure extrajudiciaire très similaire avec l'UDRP. En ce qui concerne des litiges « .eu », la procédure ADR est lancée. Les tribunaux de chaque pays sont en train d'essayer de régler les conflits relatifs au cybersquattage sous le fondement des lois tels que le droit de marque, le droit de concurrence déloyale et droit civil. Comme les systèmes légaux de chaque de pays sont différents, le critère appliqué ne peut pas être identique. En conclusion, le système légal pour règlementer les conflits est en train de développer au niveau international. Il est nécessaire d'harmoniser le système de règlement des conflits. / The domain name was invented to identify on Internet. His value has become an important resource for companies. The domain name was recognized a kind of distinctive sign by jurisprudence. The principle of "first come, first serve" is applied for registration. The problem is that there is no system to filter in advance some applications that may bring about a problem.Domain names may conflict with other distinctive signs, particularly with the trademarks. The causes of conflicts can be explained by the differences in systems. In principle, the disputes related to domain names come mainly from the practice of cybersquatting. The emergence of cybersquatting and their rapid increase of conflicts hinder legal security.To resolve these conflicts, two procedures can be used: the administrative procedure and the judicial procedure. The UDRP procedure has been implemented by ICANN. This procedure is evaluated as a less expensive, fast and efficient. Many countries including the France operate the administrative procedure that is very similar with the UDRP. With regard to disputes '.eu', the ADR procedure was launched. Each country's courts are currently trying to resolve disputes related to cybersquatting by the laws such as trademark law, unfair competition law and civil law. As each country's legal systems are different, the applied criteria aren't the same.In conclusion, the legal system to regulate conflicts between trademark and domain name is developing internationally and domestically. It is necessary to harmonise the system of resolution of disputes at the international level.

The purpose of this thesis is to analyse existing tools for developing the concept of a brand that allow a systematic approach in their design and to propose ideas for improvement of these tools. The research object is the concept of building a brand according to the "Who? What? How?" Brand Building Framework. From the brand development of the portable digital player iPod, used as an example in thesis, the practical use of this model is analysed and a short evaluation of its effectiveness is performed.

The thesis deals with a trademark as an intangible property of the company and it is divided into two parts. The theoretical part attends to an intangible property classification and a usage of a trademark. Further there are presented theoretical aspects of brand management and possible methods of trademark evaluation as an intangible property of the company. The practical part introduces the selected company where a brand research and an analysis of an internal and external environment of a company were conducted. After finishing a financial analysis follows an evaluation of a marketing communication mix and particular brand elements. The second half of the practical part focuses on the alternative trademark evaluation with adequate methods and a proposal of the trademark inscription to the Register of trademarks.

The topic of this diploma thesis is the relationship between rights of designation and unfair competition law. The thesis is divided into five chapters. The first two chapters define rights of designation and unfair competition law in general and the following chapters concentrate on the relationship between them. The first chapter focuses initially on the place of rights of designation in the system of intellectual propert y law and afterwards it concentrates on particular rights of designation, i.e. trademark, designation of origin and geographical indication. This chapter deals with characteristic features of the rights of designation and differences between them and national, international and european legislation. The emphasis is also put on current issues, that are related to the rights of designation. Chapter two is devoted to unfair competition law. This chapter focuses on legislation of unfair competition and the concept on which unfair competition law is based (that is combination of general clause and non-exhausting list of merits). Subsequently, it defines subjects of the unfair competition and claims that a subject affected by the unfair competition can make. The third chapter, which presents crucial part of this thesis, concetrates on the relationship between rights of designation and...