61\dokument1\23 December 2011 Abstract The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legislation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter of this thesis is a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, including the protection against unlawfully registered trade marks. The third chapter, which is the core of this thesis, discusses the uses and functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. This chapter also...

The Analysis of Some Economic and Legal Aspects of Corporate Governance of Central European Corporations There are three main goals of the thesis: 1) To identify the biggest economic risks of present Czech corporate governance 3) to recommend appropriate measures how to regulate corporate governance of publicly owned companies 2) to consider the question how appropriate it is to regulate corporate governance by hard law rules or when soft law rules could be appropriate enough. The thesis is divided into two parts - the theoretical part and the practical one. The theoretical part is subdivided into four chapters. The first contains a general introduction to the corporate governance, the second includes a description of the system of corporate governance regulation, the next one is dedicated to financial crisis impact on the corporate governance regulation, and the final chapter deals with the comparison of Polish and Czech law regulation of corporate governance in publicly owned companies. The practical part consists of three case studies. The first case study analysis the main findings of the report, which was worked out as a result of the independent audit of supervisory boards in publicly owned companies. The second case study examines the corporate governance system of state-owned companies PKN...

The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...

Lease and ownership of non-residential premises Resumé The objective of my thesis is to describe in detail the current lease (sublease), and ownership of non-residential premises as well as their expected changes in the new Civil Code. Within my thesis I branch out into several chapters in which I try to provide a comprehensive view on the legal legislation of the concepts of a lease, sublease and ownership. I have analysed these terms and referred to the current as well as previous judgments where the legislation appears to be ambiguous, notably judgments delivered by the Supreme Court. Chapter One is introductory and defines basic terminology used in the thesis, non- residential premises. Chapter Two is subdivided into parts which I dedicated to lease of non residential premises. This part of my work is devoted to a brief historical overview and current legislation of lease of non-residential premises most notably in view of selected parts of the Act No. 116/1990 Coll, and Act No. 40/1964 Coll. It provides an outline about creation of lease, particulars of the contract, rights and obligations of the lease and termination of lease. Act No. 116/1990 Coll. is significant as it restores the rights, which were removed during the period of socialism, of owners of non-residential premises to rent their property....

The transfer of ownership of cooperative apartments The thesis deals with the issue of the transfer of property of cooperative apartments which is a topic frequently approached due to a large number of members of the cooperatives who still haven't settled their legal claims against the housing cooperatives. The housing cooperatives will keep their importance even with the new civil code being applicable. The purpose of the thesis is to analyze legal regulation concerning transfers of ownership of apartments from the housing cooperatives to their members, concentrating especially on the conditions, fulfilling of which establishes an obligation for the cooperative to conclude the contract with their members in order to transfer the ownership of cooperative units. The thesis also attempts to describe some changes brought into the legal system by the new civil code. The thesis is composed of four chapters which are further divided into subchapters. Chapter One is dedicated to the definition of the essential concepts used in the thesis. Considering the transfer of ownership, it is necessary to denominate the parties of the relationship which are the housing cooperative on one side and the member the housing cooperative, and the subject to the property right or claim - cooperative apartment. Chapter Two...

The aim of this thesis is to provide complex and where possible the most up-to-date view on industrial property protection in international law. Relevant international documents are discussed in detail and even emerging issues and future development in the field of industrial property haven't been forgotten. The first chapter is introductory and aims to highlight the importance of industrial property these days. Therefore it presents lot of statistical data. In the second chapter some practical, historical and law-philosophical roots of intellectual property protection and its international aspect are briefly mentioned. The term "industrial property" itself is presented and explained in the third chapter. The first part tries to give a universal definition, while the second part of the chapter involves analyzing the texts of chosen international treaties, which mostly define industrial property by enumeration. The Fourth chapter is dedicated to the most historically significant documents in the field of industrial property - Paris Convention and TRIPS Agreement - and it focuses on their contained principles. International organizations and their role in the system of intellectual or more precisely industrial property represent the topic of the fifth chapter. The following chapters 6-14 concentrate...

The diploma thesis concentrates on legal protection of indigenous peoples in Australia. The topic itself is too wide, therefore it was shortened to predominantly concentrate on analysis of two up-to-date topics. These were, firstly, legal protection of indigenous peoples in relation to media and then, secondly, legal protection of indigenous peoples in relation to intellectual property rights. The paper is divided into three main chapters. The first chapter's goal is to introduce some parts of Australian history that are connected with Aboriginals to Czech readers. The topics discussed are, for example, colonization of Australia, genocide as perceived by international community, policy of assimilation, era of Stolen Generations etc. This chapter highlights a necessity of always dealing with current issues in proper historical context and, as it is found in the second chapter, also with deeper understanding of differences of indigenous culture. The second chapter is an outcome of the author's study stay at University of Queensland where she conducted a research on two topics connected with legal protection of indigenous peoples that were being currently discussed. The first topic was legal protection of indigenous peoples in relation to media connected with a discussion about The Freedom of Speech Bill 2014....

This diploma thesis aims at Czech legislation related to conservation of caves both in terms of its link to the protection of caves as subterranean spaces and parts of the natural environment and of its relation to other fields of expertise, including legal studies (e.g., mining law) and other disciplines (e.g., geology, carsology). First, our attention is paid to definition of the term "cave" and to links of the term to natural sciences. Further, we analyse the development of legal conservation of caves and approaches to caves as a subject of legislation per se. The example of Slovenia - being a prominent speleological country with recognized legislation in terms of its quality and detail - is used in order to compare Czech approaches to cave conservation. Concerning the practical issues, we present an example of conservation effort devoted to one single cave in Czechia, which enables to describe functioning of legal conservation tools, including the themes where these tools overlap. We also present and discuss the only one Czech case-law dealing with the legal aspect of caves.

Annotation Innovations have been accompanying the human society during the whole era of its development. The concerns in stimulation of the innovations have lead to efforts for legal protection. Time limitation of patent owner's rights to an exclusive use of a technical solution has been raising opinion disputes during the whole period of its evolution. Even nowadays, in Czech as well as in European context, there are still many questions open in range of the patent protection and to contribute to its better understanding and clarification has been the main goal of this publication. From the point of view of the Czech milieu we have been living in a period of a growing attention paid to innovations while at the same time it has been a period filled with many substantial changes in range of the protection of technical solutions. The Czech Republic's access to the European Patent Convention has within the scope of this international agreement enabled validity of the European patents granted by the decision of the European Patent Office in the Czech territory for the first time. In addition, our country had became a member of the European Communities what has resulted in important changes in legislation regarding the industrial property rights protection and partially regarding the solutions protected by patents as well. These facts have had a considerable impact on the business environment in the Czech Republic, giving the Czech Republic the role of an active player on the European patent playground. This writing deals in particular with the matters of legal protection of inventions and their economic impact, while in some parts of this work, somewhat unsystematically; it swings into contemplations about the industrial property itself. This happens willfully and with an intention to analyze some of the issues in broader context and therewith contribute to better understanding of the complicated and in some cases distinctively contradictory or controversially manifesting relationships. First part of this book characterizes elementary issues of the patent law, thus not only historically but as regards the contemporary European and Czech legal milieu as well. European patent system is represented by the activities of the European Patent Organization and national patent offices. The Community patent system, despite the effort put in during the past 50 years, is still does not exist. However, this does not mean that current system does not provide us with numerous issues enough to contemplate about and analyze. The decisions of the European Patent Office are influenced by the diversity of the historic evolution of the patent systems in various parts of Europe; therefore they can be used as an interesting inspiration and study material for the expert public. That is the reason why there is often referred to them in this work. On the other hand, the legal relations originated from the European patents, after the European patent protection had been granted, are a subject to a review according to the national legislation, therefore it is not surprising that the decisions and results of similar disputes not seldom bring different results. It is therefore worth to analyze them thoroughly. The extent of this work has only allowed me to concentrate only on some of the above mentioned issues, such are the possibility of legal protection of computer2 implemented inventions, issues connected with the extent of the patent protection and basic ideas on financial assessment of technical solutions, primarily of the patents. Some more detailed considerations were included too, such as about the debates and their progress in European level. Herewith I mean the matters concerning the translations of European and possibly Community patents, patent protection quality and in long term, thought until now unsuccessful debates regarding the creation of the European patent judiciary.

Attributive absolute constructions in contemporary French The aim of this master thesis is a detailed analysis of French attributive absolute constructions (att. AC) with emphasis on their semantic characteristics. Att. AC is an example of what is called "secondary predication", i.e. a non-finite predicative structure modifying the primary predication, see a typical example "les yeux fermés", 'the eyes closed', in the sentence "Marie est assise, les yeux fermés.", 'Mary sits with her eyes closed.'. The main function of the att. AC is the modification of the head noun through the relation of inalienable possession (IP), or a part - whole relation, between this noun, which is mostly a human being, and an entity conceptualized in the att. AC. The thesis finds its main source in a monograph about AC written by Suzanne Hanon (1989), which is here completed by a qualitative analysis of syntactic and semantic factors that come into play in the formation of att. AC. Att. AC are approached form the perspective of Cognitive Linguistics and Construction Grammar as conceptualizations of the IP (or part - whole) paradigm and it is proposed their description as a prototype-based category with some instances more typical (see the example above) than others (e.g. att. AC with an adverbial function or modifying an...