Global ETD Search

1	Neregistruoto prekės ženklo gynimas / Protection of unregistered trademark Granickas, Vaidotas 19 December 2006 (has links) Summary Universal globalization is best of all reflected by trademark spread. Trademarks are autonomous objects of agreements. Unregistered trademarks are characterized with high integrity as object of economic turnover; they quite easily spread over the boundaries of state jurisdiction. Unregistered trademark can not be protected by common legal means used in cases of registered trademarks. The fact that trademark is unregistered creates specificity in its protection, as parties are forced to use other grounds than rights of ownership created by the registered trademark. This paper analyses hypothesis that different size of material rights is owned by the user of a mark, owner of trademark application and owner of well-known trademark in each separate case and accordingly, the specificity of protection of interests of unregistered trademark depend upon it. Although the law does not cover agreements on trademark applications, however these agreements are not contradicting the said law. However, depending on circumstances of the case, such agreements on transfer of unregistered trademarks can not be considered perverse as there is no prohibition on such action. Therefore, it cannot be unambiguously stated that rights of ownership of unregistered trademark can or can not be transferred. The Law on Trademarks does not provide any method of trademark right protection in cases when trademark is unregistered, not applied for registration or can not be recognized as a... [to full text] Law Neregistruotas prekės ženklas Unregistered trademark
2	Mezinárodní ochrana práv na označení / International trademark protection Hubáčková, Kristýna January 2008 (has links) The diploma thesis gives the view of international trademark protection chiefly through its legal regulation in international agreements and through regulation' s application to the praxis. The thesis is divided according to particular sorts of rights (trademarks, marks of origin, unsigned marks), it consider their concrete regulation, international organizations protecting the rights and trademarks rights enforcement. The aim of the diploma thesis is to explain and to show the basic principles of international trademark protection functioning on concrete cases and decisions and therefore to offer the help to those subjects, who need to orientate themselves at the area of international trademark protection.
3	The impact of unregistered births of children in South Africa and how their rights to essential services and basic education are affected Beko, Hombisa January 2021 (has links) Magister Artium (Development Studies) - MA(DVS) / Civil registration has not been recognised as a matter of concern or public interest in South Africa. It has not been part of discussion in platforms concerned with children’s rights including the government. Consequently, led to failure in understanding the implications it has on children’s lives, in realising their rights and having access to other significant and essential services (Brito, Corbacho & Osorio, 2013). Birth registration proves to be a global problem and a concern for children. Thus many countries have made it a priority and a matter of urgency as indicated in the Sustainable Development Goals for 2030. The objective is for every child to be registered before the year 2030 to ensure that all children are accounted for and prevent invisibility and them having no access to their rightful services. Unregistered births Rights to essential services Basic education South Africa Children's rights
4	The UCDR - A Source For Innovation or the Downfall of the Fashion Industry : A Comparative Analysis of Whether the Unregistered Community Design Right is Adequate for Small Fashion Businesses in the EU Parkan, Sanna January 2021 (has links) The fashion industry is one of the largest industries in world, yet the priority of creating an adequate protection for the industry can be questioned. Thankfully, the EU introduced the UCDR in the early 21st century, which grants protection for the appearance of a design of it reaches the requirements of novelty and individual character. The aim of this thesis has been to examine whether the UCDR is adequte for small fashion businesses and designers trying to gain a foothold in the industry. The larger businesses are not of interest as they have the resources to go through court-proceedings. As the UCDR is quite a new protection and the thesis aims to see if it is in fact the best protection for small fashion businesses, a comparison have been made with three national legislations within the EU; France, UK and Sweden. All requirements and aspects of the UCDR and the national legislations have been analysed with the finding that the UCDR, even though the french legislation is more generous in giving out protection, is the best protection for small businesses within the EU. The UCDR ensures that the copyist is caught whilst interpretations are allowed. Nevertheless, it has been found that there is a need for clarification regarding whether a design first disclosed in a third country can gain protection, if it is made available within the EU before the circles specialised operating within the Community become aware of the design. Furthermore, the time it takes to go through litigation exceeds the lifetime of the design which has been allegedly infringed. This makes the UCDR:s deterrent effect lower, although not non-existent. At the end of the thesis, suggestions have been made as to how these issues can and/or should be solved, and a basis for a future discussion have been made. UCDR Design Design Right Copyright Design Law UDR Unregistered Community Design Right French Copyright Upphovsrätt Law (excluding Law and Society)
5	Právní aspekty nezapsaných označení zboží a služeb užívaných v obchodě / Legal Aspects of the Unregistered Marks of Goods and Services Used in the Course of Trade Vozáb, Jakub January 2005 (has links) This dissertation theses addresses the phenomenon of the unregistered mark for goods and services in accordance with trade mark law of the Czech Republic, while taking into consideration the given scope of EU law and its comparison with the legal protection of applied trade marks in the framework of the "passing-off" doctrine of the legal systems of the United Kingdom of Great Britain and Northern Ireland. While the subject of trade marks has already been thoroughly established in juristic theory and has also become commonplace in legal practice, the institute of the unregistered trade mark has not yet to be comprehensively examined, and as such it presents significant difficulties in applied practice, as it bears no solid legal foundation, and in the context of the regulations of trade mark law it is always possible to identify specific special entitlements arising from the existence or application of unregistered trade marks, whereas the nature of their verbal formulations and systematic classification presents difficulties in the interpretation and application of such entitlements. The basis for this reasoning is namely the historical evolution of the phenomenon of the unregistered mark in trade mark law in Austrian, respectively in subsequent Cisleithania, and its reception and evolvement within Czechoslovak law as the legal predecessor to the Czech Republic. The goal of the research presented herein is to identify answers to the underlying theoretical questions concerning unregistered marks of fundamental significance to applied practice, and in so far as they concern the nature of the unregistered mark as perceived by trade mark law and its definitional attributes, terms of origin, duration, and expiration of unregistered marks, or more precisely as they concern rights to them, as well as the terms and scope of disposition with unregistered marks, namely in so far as they in turn relate to transfer or conversion and the grant of license or other temporary right of use. Subsequently, the establishment of answers to the aforementioned questions addresses the problem of the absence of an explicit legal principle to the phenomenon of the unregistered mark and the interpretation difficulties offered in the poorly formulated laws and subsequent fluctuations in legal practice. This problem is examined within the legal setting of the Czech Republic as a democratic nation with a market economy, in which holds true the classic legal rudiment of "that which is not prohibited by law is permitted", and in which hold true the fundamental and indefeasible rights of man, a component of which is the right to freely pursue economic activities and possess property within a framework of restrictions favouring the preservation of the rights of others as set forth by the law.
6	Recognition of domestic partnerships in South African law Manthwa, Tshepo Aubrey 09 1900 (has links) With the advent of a new constitutional dispensation in South Africa, intimate relationships that were not formally recognised, such as customary marriages, became fully recognised through designated legislation. Domestic partnerships are, however, afforded only limited recognition despite compelling reasons that lead people to domestic partnerships. Domestic partners are also discriminated against based on marital status despite a Constitution that forbids discrimination based on equality, human dignity and marital status. The object of this study is to investigate whether there are sufficient grounds to afford domestic partnerships full recognition similar to that granted to civil marriage. This study includes arguments in favour and against the recognition of domestic partnerships and a discussion of the reasons that lead people into domestic partnerships. There will also be an analysis of the draft Domestic Partnership Bill 36 of 2008 to determine the suitability of the draft Bill to regulate domestic partnerships. This investigation is conducted with reference to relevant draft Bills, legislation, and case law. / Private Law / LLM Choice Domestic partnerships Family life Heterosexual domestic partnerships Human dignity Functional approach Marital status Registered domestic partnerships The right to equality Unregistered domestic partnerships Same-sex domestic partners Substantive equality 346.163068 Marriage law -- South Africa
7	Recognition of domestic partnerships in South African law Manthwa, Tshepo Aubrey 09 1900 (has links) With the advent of a new constitutional dispensation in South Africa, intimate relationships that were not formally recognised, such as customary marriages, became fully recognised through designated legislation. Domestic partnerships are, however, afforded only limited recognition despite compelling reasons that lead people to domestic partnerships. Domestic partners are also discriminated against based on marital status despite a Constitution that forbids discrimination based on equality, human dignity and marital status. The object of this study is to investigate whether there are sufficient grounds to afford domestic partnerships full recognition similar to that granted to civil marriage. This study includes arguments in favour and against the recognition of domestic partnerships and a discussion of the reasons that lead people into domestic partnerships. There will also be an analysis of the draft Domestic Partnership Bill 36 of 2008 to determine the suitability of the draft Bill to regulate domestic partnerships. This investigation is conducted with reference to relevant draft Bills, legislation, and case law. / Private Law / LL. M. Choice Domestic partnerships Family life Heterosexual domestic partnerships Human dignity Functional approach Marital status Registered domestic partnerships The right to equality Unregistered domestic partnerships Same-sex domestic partners Substantive equality 346.163068 Marriage law -- South Africa
8	Pozemková kniha a využití v dnešním katastru / The land registry book and its use in current cadastre Netolický, Lukáš January 2014 (has links) This Thesis deal with problems in Czech land registry, which started after year 1945. In thesis are described four exemples, which are formed by many reasons. First example deal with problems of dual registration in Land books and Land tables. Second example is focused on situation after 1948 and subsequent changes in the ownership of land. Third example deal with problems which are formed in 1964 when had founded new property registry. The last example deal with promblems which are formed in changes of state boundary. And diferences between states land registry. Thesis is focused on description of problems and outline solutions.
9	Le régime juridique du produit de luxe / The legal system of the luxury product Selosse, Philippe 23 June 2017 (has links) Le produit de luxe n’est pas un bien comme les autres. Ses qualités matérielles et immatérielles lui confèrent une valeur particulière qui oblige son producteur à le vendre dans un environnement commercial adapté. La règle de droit peut-elle considérer cette particularité économique ? Paradoxalement, la France est leader mondiale du marché des produits de luxe, mais nul n’est en mesure d’affirmer avec précision ce qu’est le luxe. Intégrer une notion aussi insaisissable au sein d’un raisonnement juridique semble difficile. Pourtant, les atteintes subies par les titulaires des droits du produit de luxe ont convaincu le juge européen de mettre en place des règles protectrices spéciales. Le but poursuivi est légitime. Il s’agit de protéger les investissements réalisés pour vendre et promouvoir le produit de luxe. Mais cette démarche légale s’appuie sur une méthode de qualification qui n’est pas satisfaisante. L’«aura», le «prestige» ou la «sensation» de luxe qui émanent du produit marqué, sont des critères trop subjectifs pour assurer l’application systématique et cohérente de règles protectrices. C’est pourquoi, outre la démonstration d’un corpus de règles applicables au produit de luxe, il convient d’analyser les fondements de sa reconnaissance par le droit positif, ainsi que l’instauration d’un régime unifié reposant sur des critères de définition précis, prenant en considération les qualités intrinsèques de ce bien particulier. / The luxury product is not a product like any other. Its material and immaterial qualities confer a special value that requires its producer to sell it in a proper business environment. The rule of law can it consider this economic feature ? Paradoxically, France is world's leading luxury goods market, but no one is able to state precisely what is luxury. The law seems unsuited to integrate a concept as elusive as luxury. Yet, violations suffered by the owners of luxury product rights have convinced the European judge to set up special protective rules. The aim is legitimate. This is to protect the investments made to sell and promote luxury products. But this legal approach is based on a method of qualification which is not satisfactory. The "will", "prestige" or the "feel" of luxury emanating frombranded product, are too subjective criteria to ensure systematic and consistent implementation of protective rules. Therefore, in addition to the demonstration of a body of rules applicable to the luxury product, it should analyze the foundations of its recognition by positive law and the establishment of a unified system based on criteria precise definition, taking into account the intrinsic qualities of that particular property. Produit de luxe Droit Biens Propriété intellectuelle Oeuvre de l'esprit Oeuvre collective Titularité des droits Savoir-Faire Marque Image de marque Renommée Notoriété Distribution Sélection Environnement commercial Personnel qualifié Licence de marque Distribution sélective Succursale Exclusivité Vendeurs parallèles Parisitisme Luxury product Law Goods Intellectual property Copyrighted work Copyrighted collective work Designs and models Ownership of rights Renown Brand image Notoriety Retail business Distribution system Brand license Selective distribution Parallel sellers Unfair competition Counterfeiting Economic parasitism European market Movement of goods Exhaustion of rights

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