Kaip jau nurodyta pavadinime, magistro darbe pateikiama viešosios tvarkos ir moralės, kaip pagrindo atsisakyti registruoti Bendrijos prekių ženklą, analizė. Darbas susideda iš dviejų dalių, kurių pirmojoje pateikiama viešosios tvarkos ir moralės sampratų bei teorijų įvairovė, jų tarpusavio ryšys ir santykis su teisės normomis, įvertinamas šio pagrindo santykis su įsitikinimu išraiškos laisve. Antrojoje darbo dalyje pagrindinis dėmesys kreipiamas į tarptautinių, Europos Sąjungos ir nacionalinių institucijų praktiką, nagrinėjant bylas, susijusias su atsisakymu registruoti žymenį, prieštaraujantį viešajai tvarkai ir moralei. Paskutinėje darbo dalyje autorė apibendrina pagrindines prekių ženklų vertinimo gaires ir kriterijus. Tyrimo tikslas yra atskleisti viešosios tvarkos ir moralės sampratų įvairovę ir jų turinio priklausomybę nuo daugelio veiksnių, įvertinti viešosios tvarkos ir moralės apsaugos ir įsitikinimų išraiškos laisvės santykį ir nubrėžti prekių ženklų vertinimo gaires ir kriterijus. Tokiu būdu, įvykdžius šiuos tikslus, darbe pateikiami teoriniai argumentai, paremti teismų praktikos ir bylų analize. Pabaigoje autorė daro išvadą, kad viešosios tvarkos ir moralės apibrėžimas yra reliatyvus ir priklauso nuo daugelio veiksnių, tokių kaip valstybinė ir visuomeninė santvarka, teisės tradicija, papročiai, religija, civilizacijos ir kultūros lygis, šalyje vykstantys įvykiai, visuomenės požiūris, socialinė ir dvasinė aplinka, ir apibendrinamos prekių ženklų vertinimo gairės ir... [toliau žr. visą tekstą] / As already indicated by the title, this master thesis provides the analysis of public order and morality as grounds of refusal to register a Community trade mark. The thesis consists of two parts, the first of which presents various concepts and theories concerning the terms “public order” and “morality”, cohesion between these two terms, and the relationship between law and morals, as well as evaluates the relationship between the protection of public order and morality and the freedom of expression. The second section focuses on the practise of international, European Union and national authorities examining cases regarding refusal to register a mark contrary to public order and morality. Furthermore, in the final part of the paper the author reveals the main guidelines and criteria for trade mark examination. The purpose of this study is to reveal the diversity of concepts of public order and morality and the dependence of their content on many factors, as well as to evaluate the relationship between the protection of public order and morality and the freedom of expression, and to determine the main guidelines and criteria for trademark examination. Thus, by achieving these goals, the thesis provides theoretical arguments backed up by case law and case study. Finally, it is concluded that the definition of public order and morality is relative and depends on many factors, such as political system and social order, legal tradition, customs, religion, civilization and... [to full text]

This thesis seeks to determine whether or not the inclusion of an explicit parody exception would be beneficial for EU trade mark law. The thesis presents all the variables that need to be taken into account in the decision, putting a special emphasis in the importance of considering the negative effects that a hypothetical inclusion can have on the consumers of the parodied reputed trade marks as this variable has been widely disregarded among scholars. Moreover, in this thesis it is considered that an explicit inclusion of the parody exception in EU trade mark law might be recommended for cases of non-commercial expression and mixed expression but not for cases of merely commercial expression.

Licensing agreements are commonly used when, for instance, exploiting new areas or countries. Trade mark licences are one such example. A trade mark licence gives the proprietor the opportunity to keep its exclusive rights at the same time as another party uses the trade mark in commercial purposes. When licensing an EUTM to a third party, it is possible to include quality control clauses in the agreement in order for the licensor to control that the licensee uses the trade mark correctly. The possibility to include quality control implies that there is no such obligation within EU trade mark law. Yet, in the US, quality control is not only a possibility but also an obligation in order to keep the trade mark registered. Therefore, it is of interest to examine European trade mark law in relation to quality control in licensing. The American view of quality control is examined for illustrative purposes. Within the EU, the essential function of an EUTM means the ability to identify the origin. In addition, one single undertaking is responsible for the quality that is needed for the trade mark to fulfil its essential role in the system of undistorted system. Quality is seen as an economic function of the trade mark and therefore it should not be an obligation to include quality control in trade mark licences. The proprietor should bear the responsibility him- or herself when not including quality control. As a contrast, in the US, the consumers must be protected from deception and therefore it is a requirement for the proprietor to control and maintain the quality by including quality control in trade mark licences. If a trade mark licence does not include quality controls, the licence is considered invalid and the trade mark is considered abandoned. Furthermore, a law and economics perspective is included in the thesis and specifically the theory of TCE and the belonging terms or bounded rationality, opportunism, uncertainty and trust. While the EU seems to value trust more when settling licence agreements, the US seems to value opportunism and uncertainty more due to de fact that consumers must be protected from the proprietors. Since quality control within trade mark licensing appears to lock the proprietor into a situation where it is difficult to differentiate and change the direction of the trade mark, it should not be an obligation to include quality controls in trade mark licences. It should be a privilege for the proprietor to decide on whether to use or not and bear the consequences of that choice.

Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...

Use of trade marks as internet search engine keywords Main purpose of my thesis is a comprehensive analysis of the issue of trade mark use as internet search engine keywords in relation to displaying advertisements on the internet search engine's websites, mostly from the point of view of the European Union law. However, I briefly address also legislation and jurisdiction in the USA. I chose the topic of my thesis mostly because it is one of the most discussed issues in the field of trade marks in the last few years, not only thanks to its significant economic importance, but also because of the challenge which this issue brought to the law practice. This completely new form of trade mark use was not anticipated by applicable law and it caused many debates regarding basic principles of trade mark protection. The thesis is composed of eight chapters. The first chapter is an introduction. Chapter two provides basic insight into the issue of keywords. The system of internet search engine functioning and keyword advertising is introduced. This chapter also addresses the economic importance of keyword advertising and possible conflicts that may arise when trade marks are used as keywords. Chapter three analyses trade mark legislation with focus on Community trade marks. The scope of rights of trade mark...

The diploma thesis deals with chosen aspects of the trade mark registration with the view to the current and also previous Czech legislation, the Community trade mark and the international trade mark. It compares the requirements imposed not only by the public regulations but also by obligatory rules of trade mark offices on the applicant and it keeps under review the amount of administrative demands of the trade mark registration according to respective systems. The work concentrates on possibilities of the information sources relating to the trade mark registration, on formalities of the correct and complete submission of the trade mark application, on possible ways of communication with offices and on the formal and absolute ground examination.

The aim of the thesis is to analyse different instruments of defence against trade mark piracy. The thesis composes of seven chapters. Chapter One is introductory and defines basic terminology used in the thesis: trade mark, community trade mark, registration of the trade mark by the Industrial Property Office, etc. Chapter Two focuses on the term "trade mark piracy". It divides defence against it into two different means -- dispute proceedings by the Industrial Property Office and judicial instruments. Chapter Three concentrates on comments on the ineligibility for enrolment of the trade mark designation and reasons for taking these comments. The chapter Four analyzes different types of the proposal for the revocation of the trade mark -- nonusage and using the trade mark in conflict with the unfair competition regulation. The chapter Five looks at the declaration of already-registered trade marks as invalid. Different reasons for taking a proposal of declaration are examined there. The chapter Six describes different types of appeals against decisions of the Industrial Property Office. The last chapter summarizes results of the questionary about use of the instruments against trade mark piracy.

The diploma paper have two part. The first part describe the trade mark and methods of the valuation. The second part includes valuation the trade mark of AVG Technologies, s.r.o.

The theme of this thesis is the European Union trade mark and its relation to the national trade mark. Three main chapters are devoted to this subject. The first chapter provides a brief introduction to the concept of trade mark in general and its history. The second chapter is about the core of the matter and illustrates the European Union trade mark itself - elements required by the Regulation, the registration process and the trade mark's effects. The next chapter discusses the relationship between the national trade mark and the European Union trade mark as two systems existing next to each other that do influence each other.

Revocation and Invalidity of European Trade Mark Revocation and invalidity of European trade mark, more precisely termed as Community trade mark (hereinafter as "CTM"), is a specific field of trade mark law of the European Union. It is Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark which forms a legal basis in this regard. The practice of the Office for Harmonization in the Internal Market and especially the jurisprudence of the Court of Justice of the European Union play very significant role in this area. The practice of the Office for Harmonization in the Internal Market and the jurisprudence of the Court of Justice of the European Union regarding Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is also relevant for the revocation and invalidity of CTM as this Directive provides for the revocation and invalidity of national trade marks in similar manner. The aim of this thesis is to analyse the nature of revocation and invalidity of CTM and individual grounds for revocation and invalidity as well as selected related issues, e.g. of procedural nature. This thesis is divided into four chapters. First chapter briefly introduces the institute of CTM and trade...