Competition law aspects of technical standardization, use and protection of intellectual property rights Abstract The thesis deals with mutual relationship between intellectual property law and competition law in the context of technical standardization - i.e. process which gives rise to a significant number of potential conflicts between the two legal areas. It is analysed, in the context of technical standardization, in what way are subjective rights of intellectual property right owners limited by competition law regulation. It falls within the ambit of this thesis to evaluate whether respective legal framework fulfils necessary requirements on legal certainty and whether it is applied in the same manner to each undertaking, or if there are any discrepancies as to the application of the legal framework dependent on the kind of the undertaking. This thesis particularly concerns with competition law aspects of standardization in information and communication technology sector and selected issues related to use or protection of intellectual property rights in connection to article 101 and 102 TFEU. First chapter explains what the term technical standard entails, introduces de facto and de jure standards, describes the process of their creation and analyses potential effects of this process on the...

CoordenaÃÃo de AperfeiÃoamento de Pessoal de NÃvel Superior / As maiores limitaÃÃes da manometria anorretal à a carÃncia de definiÃÃes uniformes de alguns parÃmetros e a padronizaÃÃo de tÃcnicas. Diferentes tÃcnicas tÃm sido utilizadas para induÃÃo do RIRA, justificando resultados discrepantes entre os diversos centros de pesquisa. O objetivo desse estudo foi identificar alteraÃÃes nos parÃmetros do RIRA quando comparado a insuflaÃÃo rÃpida (30ml/s), sustentada por 60 segundos do balÃo intra-retal com volumes de 30 e 60 ml de ar seguida de desinsuflaÃÃo rÃpida com a insuflaÃÃo e desinsuflaÃÃo rÃpidas nas mesmas condiÃÃes. Foram utilizados 40 indivÃduos voluntÃrios saudÃveis para estudo do RIRA, distribuÃdos igualmente entre os sexos, na faixa etÃria de 20 a 40 anos. Foi utilizado um sistema de perfusÃo pneumohidrÃulico com 4 canais e cateter radial. Os parÃmetros foram avaliados cerca de 2 cm da margem anal, utilizando a tÃcnica de traÃÃo estacionÃria. Foram avaliados: O comprimento do canal anal funcional, a zona de alta pressÃo (ZAP) com localizaÃÃo do ponto de maior pressÃo em relaÃÃo à margem anal, a sensibilidade retal mÃnima e a da urgÃncia inicial evacuatÃria, a pressÃo basal anal mÃdia, a pressÃo de contraÃÃo voluntÃria mÃxima, a resposta ao esforÃo evacuatÃrio e parÃmetros relacionados ao RIRA. Os resultados constataram elevaÃÃo significante no comprimento do canal anal funcional no sexo masculino, porÃm uma zona de alta pressÃo sem diferenÃa significante entre os sexos. A maior pressÃo ocorreu em mÃdia 1,7cm (1-2 cm) da margem anal. A sensibilidade retal mÃnima, a sensibilidade de urgÃncia inicial evacuatÃria, a pressÃo basal anal mÃdia prÃ-reflexos nÃo apresentaram diferenÃas significantes entre os sexos. A pressÃo de contraÃÃo voluntÃria mÃxima obteve elevaÃÃo significante no sexo masculino. A resposta normal de relaxamento do EAE ao esforÃo evacuatÃrio ocorreu em 90,9% e o padrÃo de defecaÃÃo dissinÃrgica ocorreu em 9,09%. A insuflaÃÃo rÃpida sustentada por 60 segundos elevou com significÃncia estatÃstica o tempo de relaxamento mÃximo do EAI, o tempo de recuperaÃÃo do tÃnus do EAI e a duraÃÃo do reflexo, mas nÃo alterou a amplitude de mÃximo relaxamento do EAI, quando comparado com a insuflaÃÃo e desinsuflaÃÃo rÃpidas. Os resultados demonstram que o padrÃo de insuflaÃÃo altera parÃmetros do RIRA, e que nÃo à possÃvel a comparaÃÃo de diferentes centros de pesquisa sem a padronizaÃÃo da tÃcnica. / Anorectal manometry is limited mainly by the lack of standardized parameters and techniques. A number of different techniques have been used to induce the anorectal inhibition reflex (AIR), but results have been inconsistent. The objective of the present study was to identify differences in AIR parameters between two different manometry techniques: a) rapid inflation (30ml/s) of intrarectal balloon with 30 and 60 ml air, maintained during 60 seconds and followed by rapid deflation, and b) fast inflation and deflation under similar circumstances. The study included 40 healthy volunteers aged 20-40 years and used a 4-channel pneumohydraulic perfusion system and radial catheter. The parameters, which were measured at approximately 2 cm from the anal margin by the stationary pull-through method, included: length of functional anal canal, high-pressure zone (HPZ) and highest pressure point in relation to anal margin, minimum rectal sensitivity, initial voiding urgency sensitivity, average basal anal pressure, maximum voluntary contraction pressure, response to voiding contraction and AIR-related parameters. The length of the functional anal canal was found to be significantly increased in males, but no significant difference in HPZ was observed between the sexes. On the average, the highest pressure was located 1.7cm (1-2 cm) from the anal margin. No significant difference was found between the sexes with regard to pre-reflex minimum rectal sensitivity, initial voiding urgency sensitivity and average basal anal pressure. The maximum voluntary contraction pressure was significantly increased in males. A normal response of internal anal sphincter (IAS) relaxation to voiding contraction was observed in 90.9% of the subjects while unsynergistic voiding patterns were found in 9.09%. Rapid inflation maintained for 60 seconds significantly increased the maximum IAS relaxation time, the recovery time of the IAS tone and the duration of the reflex, but did not affect the amplitude of the maximum IAS relaxation compared to rapid inflation and deflation. Our findings indicate that AIR parameters depend on inflation technique and that results from different centers will only be comparable after techniques have been stadardized.

本論文試圖檢驗中國在技術標準化中推動自主標準的政治思維，並以全球治理概念中多元主體的研究途徑作為論文的基本分析架構。本論文試圖探尋以下三個問題的解答：其一，檢驗全球治理理論在分析技術標準議題的適用性；其二，描繪出中國的政府角色在全球治理中為重要的「看不見的手」；其三，歸納出中國推行自主技術標準的舉動為闡述中國在「和諧世界」政策下中國式全球治理思維的經典案例。 　　本論文首先回顧了不同派別的全球治理理論。和既存理論最大的差異為，作者認為全球治理是一種動態的調整過程。中國藉由政府主導的模式，協助尚未成熟的第二、第三部門(企業及公民社會)參與全球治理，這種強調政府角色在全球治理中重要性的傾向，使得中國被歸類於「國家中心維持現狀派」。中國的學者將此種現象稱為「中國特色的全球治理」或是「中國模式」，然而本論文歸納出所謂中國模式的特色是以西方的價值為政策架構，本質上以政府的力量增進傳統國際關係理論中的核心國家利益項目。換言之，中國特色的全球治理為尚未成熟的全球治理。本論文的案例－中國的技術標準制定政策，闡述了中國參與全球治理的學習歷程，因此，將此稱為「過渡中的全球治理」，以彰顯中國參與全球技術標準化競爭的特殊狀態。 於知識的權力結構體系中，擁有技術標準制定的權力日趨重要，中國的技術標準戰略因而規劃於 2020 年前成為領導創新的國家之一。然而在中國 WAPI (WLAN authentication and privacy infrastructure) 技術標準制定的經驗中，隱約可見中國在全球治理中自我調整的動態過程，這種觀察為現有主流的全球治理理論無法充分解釋的。 / The thesis tries to examine Chinese initiative in indigenization of technical standardization for the global market. The basic analytical framework is based on the theoretical concept of Global Governance with a multi-actor approach. The following chapters try to touch upon three inquiries. First, it examines the applicability of global governance on standards setting issues. Second, it depicts the ”invisible hand” of Chinese government in global governance. Finally, it concludes that Chinese initiative in indigenizing technical standardization can be a good case in point to demonstrate a Chinese version of global governance under the guidance of “harmonious world.” This thesis reviews different schools of global governance. Unlike any of the existing literature, the author considers global governance itself a dynamic adjusting process. China partakes in global governance by emphasizing guidance from the government to boost the second and third sectors which are relatively underdeveloped. Namely, China inclines to be characterized into “state-centric status quo” school, which affirms that government is the most determining actor of global governance, thus not willing to give up “controls of the government.”Chinese scholars dub this phenomenon “Chinese version of global governance” or “China model.” This paper concludes that the so called “China Model” of global governance was conducted in western culture’s framework with a realist’s state-led approach in essence. In other words, Chinese version of global governance can not be regarded as a full-fledged one. The case study standard setting policy of China has illustrated a better picture of China’s learning process of global governance. Accordingly, “global governance in process” was coined into the title of this thesis to identify the current status of China’s involvement in global competition of technical standardization. Given the growing stake of “technical standards setting” in a knowledge-based power structure, Chinese initiative of technical standardization strategy has paved the way for pursuing leading innovative state in 2020. The lesson China learned from WAPI (WLAN authentication and privacy infrastructure) standard setting has provided us a clues about the self-adjusting role of the state in global governance as a dynamic process which could not be fully explained by conventional version of global governance prevailing nowadays.

The master's thesis "Role of technical standardization in international trade" focuses on the role of technical standardization in international trade, and what benefits standards may have for companies trading with the foreign countries. The aim of the thesis is to map the present role of the technical standardization in international trade with an emphasis on quality management systems standards, environment systems standards and health and safety at work systems standards. The other objective of this thesis is to carry out a comparison of present standardization in the European Union and outside the EU and the results of the theoretical part verify by questionnaire survey of selected companies and its results interpret and draw conclusions. The primary objective of the survey is to determine the role of the standard's use in trade with foreign countries. Contribution of the author consists of presentation a coherent overview of the current process of standardization in the world and the impact of standards on international trade. Structure of the thesis is divided into two main chapters, the first chapter deals with the basic theoretical framework of the topic and the second chapter is devoted to the practical part, i. e. questionnaire survey. Both chapters are further divided into their respective subchapters.

This work describes the development of legislative provisions relating to the issue of animal products as food, issued in the CR and the EU. This work also reports their implementation in food businesses, particularly in terms of data provided on product labels. During this work product labels were collected in selected chain stores, documented by photography and the obtained results were compared with the applicable requirements of the CR. The observed data of this study are also compared with the requirements of Act No. 110/1997 Coll. Food, and Decree No. 113/2005 Coll. Individual products of the investigated area (meat and dairy products) are also compared with each other (Point method and Simplified Point Method) and in terms of significance, consumer attention and other appurtenances associated with data on product labels were surveyed. The results revealed a strong dominance of Czech manufacturers on our market in categories of both milk and meat products. In terms of characteristics that producers are obliged to provide, no significant errors were found. If the products lacked any indication, it was usually an indication of dietary (nutritional) value for both meat and dairy products. Manufacturers of the products studied provided a large number of optional information (logos, etc.). We conclude they should rather focus on some of consumer-preferred emblems, for there is high number of them and they seem difficult to follow by the customers. Most consumers prefer the Klasa and the ?Český výrobek? (Czech product) logos.