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This course covers the whole area of the intellectual property law, including patents, copyrights, trademarks, trade secrets and designs. The course addresses the policies underlying the protection of intellectual property and compares the different ways organisations and individuals can use intellectual property to protect their interests.
Technological developments affecting copyright are also addressed, including issues related to computer software, internet and AI Special attention shall be paid to the European and international case law in this field. Students should have the general overview of the IP Law basics. They should be able to interpret and apply law accurately as well as investigate and analyse facts effectively. The respective legal norms should be presented on real business life situations, cased studies, etc. in order to help students to understand the problems of IP Law in the broader perspective and help them to understand the importance of the IP Law protection. Poslední úprava: Šicnerová Barbora, Mgr. (13.05.2025)
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1. Written exam – test 2. Two assignments in a form of presentations Poslední úprava: Šicnerová Barbora, Mgr. (13.05.2025)
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The subject covers following topics: 1. The subject and system of IP Law Intellectual property – definitions, framework, relations to civil law and commercial law Copyright Law – basic definitions, principles of European and Anglo-American copyright law, moral rights and economic rights, copyright duration Industrial property Law – basic definitions and principles, framework of IP Law 2. Copyright Law – License agreements, Limitations and Exceptions License agreements – fundamental terms, types of contracts, sublicense agreements, termination of agreements, case law study Exceptions and limitations – three step test, personal use copy, blank copy levy, quotations, exceptions for disabled, Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 3. Copyright protection in Cyberspace Copyright and its protection in cyberspace (internet and other networks), Peer to peer networking and downloading of copyrighted works, Cyberpiracy, Liability of service providers and other intermediaries, Digital content and exhaustion of rights, On-line licensing, Sale of goods vs provision of services, Digital content and copyright levies 4. Protection of software, databases, know how and other IP rights related to IT Protection of software, Protection of software interfaces, Licensing software, Sale of goods vs licensing of copyrighted works, Protection of underlying know how and principles 5. AI and copyright AI Act; Text and data mining exception Protection of creative outputs of AI Deep fakes created by AI6. Copyright Law – Neighboring rights, other related rights and collective management Performer’s rights, producer’s rights, broadcaster’s rights, database sui generic rights 7. Collective management The history, Basic principles, Collective management in digital era, Directive (EU) 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market 8. Industrial property – Trademarks Introduction, the purpose of trademark protection, Registrability [absolute and relative grounds], Infringement, Defenses, Revocation, Maintenance, Dealing, International agreements and EU legislation, Case Law 9. International Copyright Law, EU Copyright Law International agreements and EU legislation, Case Law, Overview of international agreements on the Copyright field – Berne Convention for the Protection of Literary and Artistic Works, Rome Convention for the Protection of Performers, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Overview of all related EU legislation Related current decisions of CJEU 10. Industrial property – Patents, Utility models, Industrial designs, Geographical indications, Commercial names Introduction, Excluded inventions and exceptions to patentability, Novelty and obviousness, Priority and validity, Infringing acts and defenses, Exploitation and remedies Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks 11. Current Development of the EU copyright Introduction Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market Pending legislation 12. Decisions of the CJEU in IP Law Cases tba Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
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Basic literature: Jacob, Robin: Guidebook to Intellectual Property, Bloomsbury Publishing, 2022, 7th Edition Basic legislation (always in wording in force and effect as on the date of examination): Paris Convention for the Protection of Industrial Property; Berne Convention for the Protection of Literary and Artistic Works; Madrid Agreement Concerning the International Registration of Marks; Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations; Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); AI Act; Poslední úprava: Šicnerová Barbora, Mgr. (28.08.2025)
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