This master's thesis deals mainly with the interface between patent law and competition law. The main objective is to provide the reader with a complex patent law overview and explanation of basic concepts related to intellectual property law, with a pivotal focus on patent law. In order to do so, author examines how national legislation contained primarily in Act no. 527/1990 Coll., On Inventions and Rationalization Proposals, as amended works and then analyzes Paris Convention and other treaties, which still remain to be the cornerstone of the international law. After introduction to a patent protection there are examined three of the most significant patent systems in the world - European Union, United States of America and Japan and their respective approaches to patent protection. In addition to exploring limits of a patent rights protection, there are explained doctrines relating to intellectual property rights, with closer attention to patents. Another objective of the work is the analysis of patent law's interface with the competition law. As part of this examination there is paid attention mainly to the abuse of a dominant position through the exercise of patent rights, essential facilities doctrine and FRAND licensing. In conclusion, the author tries to critically assess what the current problems...

The right of ownership of a unit and the possibilities of its transfer after recodification This thesis deals with the right of ownership of a unit by the act No. 89/2012 Coll. (the civil code) with emphasis on the possibilities of its transfer. I chose the topic because of great practical importance of the issue and many changes brought by recodification of the civil law. This thesis is based on comparative method - the previous legislation by the act No. 40/1964 Coll. (the civil code) and by the act No. 72/1994 Coll. (about ownership of flats) is compared with current legislation. The main aim of the thesis is to clearly describe the most significant changes in the rules of ownership of a unit and its transfer and to point out the benefit of the new regulation as well as its weaknesses and eventual practical problems. This thesis is composed of eight separate chapters, each of them includes several subsections. First chapter contains an introduction to the issue of the ownership of flats and a brief description of the historical development of ownership of flats in the Czech Republic. Chapter two describes the basic concept of ownership of flats by the repealed legislation, followed by chapter three describing the same basic concept by the new legislation and highlighting the most important...

ACQUISITION OF PROPERTY FROM UNLAWFUL POSSESSOR In my diploma thesis I deal with the issue of the acquisition of property from unlawful possessor as an exception to the traditional civil law principle nemo plus iuris ad alium transferre potest quam ipse habet (also called as nemo dat rule), the principle, which lays down that no one can transfer more rights than he has himself. The topic is extremely actual since as of 1st of January 2014 the Act No. 89/2012 Coll., The Civil Code, which - in comparison to the previous legislation - provides diametric changes in the understanding and in the legislation of the property acquisition from unlawful possessor, became effective. Until the adoption of the new Civil Code, the legislation in this area was inadequate and due to dichotomy between Civil and Commercial Code it was also fragmented. The thesis is composed of an introduction, five main chapters (which are further divided into sub-chapters) and a conclusion. Each chapter deals with different aspects of acquisition of property from unlawful possessor. In the first introductory part I give my thesis some theoretical fundamentals and define basic terminology used in this paper: property, good faith. I'm also trying to analyze nemo plus iuris principle and conflict of protection of property rights with the...

The topic of this thesis is "Industrial property rights to the results of creative activity and their protection." This thesis reflects on Protection of Industrial Property as a part of a modern legal system which is getting more and more important in legal systems of all states. Protection of intellectual rights and industrial property became an integral part of the legal system in every developed country. In my work, I describe a wide range of Czech legislation governing the creative work in the field of industrial property. Very intense development in science and technology during the last decade caused growing importance of industrial property rights. Protection of industrial property is a very important framework of innovation stimulating research and development investment and transfer of knowledge from laboratory to the marketplace. It is clear that this course of economic life has received much attention not only in domestic law but also in international law. The protection of Industrial property rights is important for economical development at home as well as on an international level which led to establishing legislative protection in legal systems of individual countries as well as international treaties and agreements. While state and international legislature covers all aspects of intellectual...

This paper compares legal systems of trademark law in Czech Republic and Peoples Republic of China with focus on trademark legislation. The goal of this thesis is to provide the reader with a view of Czech and Chinese mentality towards trademarks as it evolved in time. This historical comparison of trademark evolution should mainly serve as a guideline to understanding as to why each legal system chose such legislation even though both are part of the civil law system. Another goal is to present the reader to a complete view of Chinese trademark legislation with focus on those aspects that are the most different for Czech trademark legislation and also to present specifics of Chinese and Czech trademark legislation which would be hard to find in its counterpart. This thesis is divided into three chapters. The first chapter describes the basic concepts that are essential to this thesis, with focus on those, that are significant for the comparison of both legislations. Second chapter provides complete explanation of historical evolution of trademarks in both countries, with focus on historical evolution of trademarks in China. Third and longest chapter deals with the actual comparison of both legislations, with the main focus on Chinese legislation. Each subchapter starts with a description of a...

This diploma thesis deals with ownership rights to land. Due to change in legislation caused by Act No. 89/2012 Sb., Civil Code, there were many substantial changes in the area of land ownership, which have extensive impact on some of the institutes of this ownership. This thesis deals exactly with these changes and with newly or more precisely repeatedly implemented institutes of land ownership. Whole thesis aims to give some analysis of this institute with main focus on its specifics and differences. This object is fulfilled by general interpretation, which deals with characteristics of land ownership and its specifics and then it analyses some particular institutes of land ownership mainly those which were considerably changed or newly established by the ratification of the present Civil Code. Next to comparison of present and previous Czech legislation the last chapter of this thesis is devoted to comparison of Czech and German legislation.

THESIS SUMMARY: ARTICLES OF APARTMENT OWNERS ASSOCIATION The thesis deals with the regulation of apartment owners associations in the Czech Republic, in particular, with the articles of association of such legal entity. The paper is divided into three parts. The first part focuses on the Czech statutory regulation (especially The Act on Ownership of Apartments No. 72/1994 of Collection of Laws, and The Government Order No. 371/2004 Coll.) of the apartment owners association in general. There has been provided a short survey of the historical evolution of the ownership of apartments in the world as well as in the Czech Republic and a short depiction of the approaches on apartment ownership models - Anglo-Saxon-French and German Models. Greater attention in the first part is given then to the legal entity of apartment owners association. It examines the foundation and dismissal of the association, its legal capacity (and limits given by law), the membership in such association, and its bodies - assembly, statutory body, and other optional bodies. The second part is devoted to the articles. It is always necessary to examine the articles in light of the current legislation, which greatly affects the content of the articles. In the beginning of the second part, short characteristics of the articles is given,...

Rights and duties of the member of Flat owners association The purpose of my thesis is to focus on applicable law in the Czech Republic, particularly the Flat Ownership Act 72/1994 Coll. and analyze the rights and duties of the members of Unit owners association. The reason for my research is that the flat ownership and housing is one of the most important sector which affects the general public. The thesis is composed of three chapters, each of them dealing with aspects of flat ownership. Chapter one informs about historical context of housing and tries to introduce the flat ownership in general. Thesis provides information about contemporary regulation and also about relevant provisions of new coming civil code which will be applicable by 1 January 2014. Next chapter is introductory to Flat owners association and defines basic terminology. It explains a legal framework regulating the legal entity of the association and regulation of common property management. Including the internal structure and describes some relevant issues in respect with Flat owners association. Last chapter is most significant part of the thesis. The main aim is to analyze the rights and duties of flat owners and especially the members of flat owners association. The thesis concentrates on problems resulting from this...

The thesis deals with the protection of land ownership rights against unlawful interference. The aim of the thesis is to present and analyze interference with land ownership and outline means of protection against unlawful interference. This thesis pays attention to new Civil Code and comparison with current regulation. Thesis also includes relevant decisions issued by the Supreme Court, the Supreme Administrative Court and the Constitutional Court of the Czech Republic with regard to protection of land ownership. The thesis is composed of three main parts. The first part is introductory and defines basic terminology used in the thesis. This part describes land ownership and its specific features. The following part describes and anylyzes what is meant by interference with land ownership. This part ilustrates interference allowed or recognized by law and unlawful interference. The interference with land ownership can be caused by public authority or by other people. This part also explores interference with land ownership within neighbour relations. Special attention is given to interference with ownership regarding entry to land, on the basis of selected legal regulations that are related to land ownership and environmental law. The third part is subdivided into two subparts and provides overview...

Ownership Land (object, subject-matter and content) The aim of my thesis is to give a brief owerview of ownership land, namely its object, subject-matter and content. The reason for choosing this topic is that with no doubí belongs to the current issues in the field. Primarily, considering the object ownership land, ie land and its special features, mainly its limited quantity. The thesis is composed of four parts further divided into chapters and subchapters. Part one deals with object of ownership land. The land has certain special characteristics: it has a multifunctional and indispensable character of the land, the limited extent and the irreplaceability, the fact that the land is not a result of human activities and finally, the special characteristic that the land is not consumed or destroyed by using. In this chapter is land also defined as a thing and as a plot of land. An important and signifiant institute of Land law is purpose-categorization of the land. I deal with that issue at the end of this part. Part two is focused on subjects-matter of ownership land. There is an interpretation of natural persons, legal entities, territorial self-governing units and state. Just as other things also the land may be owned by more than one owner. This issue is engaged in a chapter on co-ownership....