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LECTURE X. UNFAIR COMPETITION EU LEGAL FRAMEWORK REVISION Copyright Law and Media Law 3.12.2014 JUDr. Eva Ondřejová, LL.M. 1
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JUDr. Eva Ondřejová, LL.M.
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LECTURE X .UNFAIR COMPETITIONEU LEGAL FRAMEWORK
REVISION
Copyright Law and Media Law
3.12.2014
JUDr. Eva Ondřejová, LL.M.
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US model
3.12.2014
United States copyright law is governed by the federal Copyright Act of 1976
Copyright law includes the following types of works: Literary Musical Dramatic Pantomimes and choreographic works Pictorial, graphic, and sculptural works Audiovisual works Sound recordings Derivative works Compilations
Architectural works
JUDr. Eva Ondřejová, LL.M.
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US model
3.12.2014
DurationWorks created in or after 1978 are extended
copyright protection for a term defined in 17 U.S.C. § 302. With the passage of Congressman Sonny Bono's Copyright Term Extension Act, these works are granted copyright protection for a term ending 70 years after the death of the author. If the work was a work for hire, e.g., those created by a corporation, then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter.
JUDr. Eva Ondřejová, LL.M.
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US model
3.12.2014
six basic rights protected by copyright: To reproduce the work in copies or phonorecords; To prepare derivative works based upon the work; To distribute copies or phonorecords of the work to the public by
sale or other transfer of ownership, or by rental, lease, or lending;
To publicly perform the work, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To publicly display the work, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.
To digitally transmit sound recordings by means of digital audio transmission;
JUDr. Eva Ondřejová, LL.M.
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US model
3.12.2014
Three types of transfers exist for copyrighted works.
AssignmentExclusive licenseNon-exclusive license
JUDr. Eva Ondřejová, LL.M.
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Unfair competition
3.12.2014
Where?What it is?Examples?Remedies?
JUDr. Eva Ondřejová, LL.M.
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Unfair competition
3.12.2014
Basic definition act in business relations causing harm to other competitors or customers is prohibited
NCC S. 2976 et seq.
JUDr. Eva Ondřejová, LL.M.
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Unfair competition
3.12.2014
a) misleading advertising, b) misleading identification of goods and services, c) creating a likelihood of confusion, d) free-riding on the reputation of an enterprise,
product or services of another competitor, e) bribery, f) disparaging a competitor, g) comparative advertising, unless allowed as
admissible, h) breach of business secrets, i) marketing harassment, and j) threat to health and the environment
JUDr. Eva Ondřejová, LL.M.
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Unfair competition
3.12.2014
Misleading advertisement in practice a) the availability, nature, design, composition, manufacturing
method, date of manufacture or provision, fitness for the intended purpose, usability, quantity, geographical or commercial origin, as well as a more detailed definition and other features of goods or services, including the expected results of their use or the results and essential features of the tests and checks performed,
b) the price or the method of its determination, c) the terms under which goods are supplied or service
provided, and d) the nature, properties and rights of an advertiser, including,
but not limited to, his identity, property, professional competence, his intellectual property rights or his awards and honours.
JUDr. Eva Ondřejová, LL.M.
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Unfair competition
3.12.2014
Misleading identification of priduct in practicecome from a particular region or place, or from a
specific manufacturer, or that they have a particular characteristic feature or a particular quality. It shall be irrelevant whether the identification was placed directly on the goods, on the packaging, in a commercial document or elsewhere. It is also irrelevant whether the misleading identification was direct or indirect, and what means were used for such identification.
accompanied by additions capable of misleading, including, without limitation, by using the term “pravý” (genuine), “skutečný” (real) or “původní” (original).
JUDr. Eva Ondřejová, LL.M.
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Unfair competition
3.12.2014
Marketing harassmentdisclosing information about a competitor, goods
or services, as well as by an offer of goods or services using telephone, fax, electronic mail or similar means where the recipient clearly wishes to receive no such activity
the communication of advertising in which its originator conceals or disguises information which allow for his identification, and does not specify where the recipient can have the advertising terminated without incurring additional costs.
JUDr. Eva Ondřejová, LL.M.
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Unfair competition
3.12.2014
Protection Refrain Remove Damages Moral satisfaction Unjust enrichment
JUDr. Eva Ondřejová, LL.M.
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License Agreeement
3.12.2014
Formal requirementsI. Parties of the licenseII. Subject-matter of the licenseIII. The scope of UseIV. Royalty feeV. Right and obligations of the PartiesVI. CommunicationVII. Termination and WithdrawalVIII. ConfidentialityIX. Applicable law and jurisdictionX. Final provisions
JUDr. Eva Ondřejová, LL.M.©
Summary
8.10.2014
What works attract copyright protection?
What does the copyright protection confers?
Ownership of the copyright?
Distinction between moral and economic rights?
Remedy for the infringement?
JUDr. Eva Ondřejová, LL.M.©
Summary
15.10.2014
What is Trademark?What criteria must TM have to be able to get
registered?How does the registation procedure looks
like?How long is the period for protection?What protects drugs?What protects the shape and material of a
good?What is CTM?
JUDr. Eva Ondřejová, LL.M.©
Summary
22.10.2014
Database protected by copyright?Sui generis database?Duration of protection?Substantial investment?Where is the personal protection stated?What is image right?What is publicity right?How is the image right protected in CZ?
JUDr. Eva Ondřejová, LL.M.©
Summary
12.11.2014
What is right to reply?When do you use right to subsequent
statement?What is ISSN?What are obligatory information stated in
non-periodical publication and periodical publications?
Who is liable for the article in the newspaper?
JUDr. Eva Ondřejová, LL.M.
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Summary
19.11.2014
What are obligations of the broadcaster in respect of the commercial communication?
What is right to reply?When do you use right to subsequent
statement?Who grants the licence to broadcast?Who is liable for the broadcasting?What is product placement?
JUDr. Eva Ondřejová, LL.M.
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Summary
26.11.2014
Who is data subject?What is access right?What is sensitive data?
JUDr. Eva Ondřejová, LL.M.
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Summary
3.12.2014
What is teleshopping?What is sponzorship?Where are those terms regulated?What regulates the Advertisement Act?What is Cousil for Advertisement?Who enforce the advertisement law in the
CZ?
What is WIPO?
JUDr. Eva Ondřejová, LL.M.
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Summary - examples
3.12.2014
1. What is not copyright work?a) softwareb) receiptc) foto
2. What does not belong to the moral rights?
a) right to claim authorshipb) righ to the inviolability of the workc) right to reproduce the work
JUDr. Eva Ondřejová, LL.M.
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Summary
3.12.2014
3. The champagne wine is a) copyrights work b) patentc) geographical denomination
4. Who regulates the broadcasting in the Czech rep.?
a) is free, not regulated by stateb) the Council for Radio and Televison
broadcastingc) the Press board
JUDr. Eva Ondřejová, LL.M.
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Finally
3.12.2014
Attendance list
Exam Date 17.12.14; 21.1.2015
Paper work
Questions?
