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Právní nástroje při porušení duševního vlastnictví / Legal means against violation of intellectual property rightsMěchurová, Veronika January 2008 (has links)
This thesis is dealing with legal means for enforcement of intellectual property rights. It is focused on rights to marking, namely trademarks, indication of source, apellations of origin and domain names. The work analyses and characterizes individual legal means and shows possibilities of their use. There are presented procedures of enforcement of rights to marking, definitions of terms and practical examples. The works concentrate not only on Czech legal regulations but also on legal regulations of the European Union and legal regulations of international institutions such as for example agreement TRIPS.
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Nástroje ochrany lidských práv v Evropské unii - Perspektiva společné politiky v rámci EU? / Instruments of Protection of Human Rights in the European Union - Perspective for a Common EU Policy?Hendrychová, Veronika January 2009 (has links)
The diploma thesis "Instruments of protection of human rights in the European union - Perspective for a common EU policy?" stems from the assumption that the European Union increasingly accentuates the human rights protection, both inside and outside the Community. The main hypothesis is that this process is leading to the creation of a common human rights policy in the EU. The guiding line of the thesis is whether it is possible to find sufficient indicia pointing to a foreseeable creation of such a policy, e.g. will from the side of institutions and other actors. The first part of the thesis examines the definition of human rights in the EU, levels of their protection and human rights provisions of the founding treaties, their revisions and other relevant documents. The second part focuses on the main actors in the system of human rights protection in the EU and evaluation of their activities in this field. The perspective of the common human rights policy is a topic of the third part. It focuses mainly on the analysis of the current state of the human rights protection in the European Union and the will of actors to proceed together in this area. The thesis is predominantly conducted with the empirical-analytical method; further legal analysis and qualitative textual analysis are used. The main...
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Neoprávněné užití autorských práv na internetu / Unlawful use of rights in copyright in InternetHavlíková, Kateřina January 2015 (has links)
This thesis deals with rather comprehensive topic of unauthorized use of the copyright on the Internet. The aim of this work is to present selected specifics of the online environment as well as the challenges this environment represents from legislative point of view. Presented paper is divided into five chapters, among which first three focus on the subjected issue in general, whereas the chapter four presents modern and constantly developing cloud computing technology. Its development has given rise to multiple new challenges including the copyright. Last chapter comprises of de lege ferenda ideas regarding this issue. The aim of the first chapter is to present the specific environment of the Internet and the dangers it represents in respect of the copyright. This chapter therefore deals with the various forms of using the copyrighted work including the analysis of new and unified legal regulation of licensing in the new civil code. Chapter two describes the international protection of copyrighted work, which is crucial due to the uniqueness of the Internet, as a space that knows no boundaries. This chapter therefore analyzes the development of international cooperation as well as it gives an overview of the most significant international treaties in this area. This chapter reflects the...
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Právo na spravedlivý proces: srovnání vybrané arbitrážní a lidskoprávní judikatury / Right to fair trial: a comparison of selected arbitration and human rights case lawHlaváčová, Anna January 2015 (has links)
The right to due process is an important part of both civil and arbitration proceedings. However, this basic right is protected in different ways and even the mechanisms for checking whether the process adhered to the due process rules are different. For standard civil proceedings in Europe, European Court for Human rights is the final body which decides whether the rules on due process were adhered to. Commercial arbitration does not have a mechanism for checking whether the proceedings were justly carried within itself, therefore it is checked within the enforcement proceedings which are in most states covered by the New York Convention. In investment arbitration, the adherence to due process will be analyzed within the annulment proceedings. The thesis "Right to Due Process: the comparison of arbitration and human rights case law" deals with the question whether the argumentation of the European Court of Human Rights in its rich case law can be used on arbitration cases where the accessibility of case law is problematic. First, the thesis looks at whether there is a standard of the protection of due process in arbitration and according to the European Court for Human Rights. This thesis further deals with the direct or indirect use of the European Charter on Human rights for arbitration. For the...
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Práva obětí trestných činů a možností jejich uplatnění v trestním řízení / Rights of the victims of crimes and options of their employment during the criminal proceesingsMarvan, Tomáš January 2015 (has links)
Rights of the victims of crimes and options of their employment during the criminal proceedings Abstract This master's thesis inquires into crime victims' rights, their status in the criminal proceedings and actual employability of their guaranteed rights. It contains a brief history of development of the legislative concerning the topic. My thesis comes to a conclusion that especially in the last fifty years, the status and range of crime victims' rights has been constantly improving. Crime victim is becoming less and less just a bearer of evidence of the crime and is more and more becoming an active subject of the criminal proceedings, on which they also have their interest. With the passing of the new Crime Victims' Rights Act, the Czech legal system was enriched by a wide array of victims' rights that provides special care and approach from the state and its authorities. In the heart of the new act is the victim as a target of an undeserved attack in the form of a crime and as such is entitled to help. Necessary help provided to the victim is not only specialized psychological and social assistance, but also straightforward financial help and a kind and understanding approach. One of the main goals of the Crime Victims' Rights Act is prevention and protection from the secondary victimization, which is...
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Cílené likvidace jako prostředek boje proti terorismu / Targeted liquidations as a means of fight against terrorismPeterová, Jana January 2011 (has links)
Within the fight against terrorism, conflicts may arise between the interest of the state to maximize the effectiveness of methods of combating terrorism and the international standard of human rights. One of the methods that some states carry out to combat terrorism is targeted killing. Legitimate effort of states to suppress terrorism and may not lead to violations of human rights. The thesis aims to answer the question: "Is targeted killing a permissible method of combating terrorism, in terms of the lex lata of human rights law, humanitarian law and rules for the use of force between states?" Regarding the methodology of the thesis I was inspired by the books: "Vědecká propedeutika pro právníky" by Viktor Knapp," Metodologie vědy" by František Ochrana and "Jak studovat politiku" by Peter Drulák. The thesis consists of four chapters. The objective of the first chapter is descriptive. The first chapter should clarify the terminology and content of key concepts. The content of the second chapter is an analysis of the legality of targeted killings under human rights law. The third chapter examines the conditions of legality of targeted killings in humanitarian law. Chapter Four deals with the admissibility of targeted killings in the light of law of interstate force. Through an analysis of...
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Status Listiny základních práv EU a její aplikace členskými státy / The Status of the Charter of Fundamental Rights of the EU and its Application by Member StatesKábrtová, Adéla January 2013 (has links)
The purpose of this thesis is to analyse the status of the EU Charter in the system of EU law and its application by Member States. EU fundamental rights in the EU can be perceived as controversial, because they can be regarded as a means of control of Union institutions, but also as a way of expansion of EU competences. In this context I will explore the EU Charter. The thesis is composed of 5 Chapters. In the First Chapter I will explain why human rights protection was not included in the Founding Treaties; furthermore I will elaborate on the case law of the Court which gave rise to EU fundamental rights as general principles of EU law. I will also explain why human rights are a sensitive issue between the EU and Member States. Chapter Two examines the development, content and the legal effects of the EU Charter. It also explores the parallel regime of the EU Charter and EU fundamental rights as general principles after the Treaty of Lisbon. Chapter Three is the core of this thesis. It explains the scope of application of the EU Charter by Member States. Based on the case law of the Court of Justice it will be shown that Member States are bound by EU fundamental rights when they act in the scope of EU law, which comprises of implementation of EU law, but also of derogation from EU law. It will be shown...
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Sociální ekonomie / Social BusinessKonečná, Petra January 2014 (has links)
This master thesis focuses on social business and its influence in economy. Social business as a tool to solve social problems is approximated by development aid as its subset and by human rights violations as related social problems. Human rights open a discussion of their relationship to economics and consequently development. The empirical part tests whether human rights are affected by a distribution of development aid to different sectors, namely social and economic infrastructure and services and production sectors. The panel data analysis of 30 least developed countries in three regions according to the Human Development Index over a period 2005 to 2001 brings results that flows of official development aid to the economic infrastructure and services significantly drives human rights violations. JEL Classification O1, O4, K1, K3, K4 Keywords Social business, development aid, human rights, violations of human rights Author's e-mail petrakonecna.uk@email.cz Supervisor's e-mail mlcoch@fsv.cuni.cz
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Mezinárodněprávní ochrana lidských práv v oblasti životního prostředí / International law protection of human rights in the field of the environmentBláhová, Barbora January 2016 (has links)
The aim of this diploma thesis is the analysis of the connection between the protection of human rights to environment of the certain quality and the protection of the environment itself. The diploma thesis is divided into three chapters. The first chapter is focused on theoretical basis of the topic, especially the relation between two areas of law - international environmental law and human rights law, concerns advantages and disadvantages of the approaches to this topic, and definitions of the most important terms, including different use of these terms by the individual authors. The second chapter outlines the evolution of these rights in the hard law and soft law universal international agreements with the overlap into the regional systems of human rights protection. The first part of this chapter relates to the documents about substantive rights and the second part examines the procedural documents with special reference to the Aarhus Convention. The third chapter analyzes the case law of the European Court of Human Rights in detail; this chapter is divided into three parts. The first one contains the explanation of the common features of decisions connected to the protection of environmental human rights. The second one describes the evolution of environmental case law connected to the...
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Kamerový systém na pracovišti a jeho zásah do osobních práv zaměstnanců / Camera system in the workplace and its encroachment on personal rights of employeesPrůšová, Aneta January 2018 (has links)
The topic of this thesis is the legal regulation of camera system in the workplace and characterization of its encroachment on personal rights of employees. The main emphasis is put on conditions, which employer must fulfil to install a camera system in the workplace in compliance with the legal order of Czech Republic. Furthermore this thesis is devoted to issues of discreet surveillance and of defence of employee options in case of illegal monitoring. This thesis is divided into three following chapters. In the first chapter, technological development of video camera and its components as well its gradual using as surveillance equipment in public space and afterwards in private life of persons are described. This chapter deals with today's situation and number of video cameras in society, not only in Czech Republic but also in the whole world. Increasing amount of video cameras represents as its consequence a reason for legal disputes, especially neighborhood's legal disputes. Considering that mentioned fact, the relevant decisions of the Supreme Court illustrating attitude of judicature to camera surveillance are incorporated in the first chapter. The thesis' core is set in the second chapter, which is focused on concrete conditions of installation of camera monitoring in the workplace and their...
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