Perspectives on Legal Protection of Databases in the EU and the Czech Republic

2016 ◽  
Author(s):  
Tommm Dobbichovskk
Keyword(s):  
Czech Republic ◽  
Legal Protection ◽  
The Czech Republic ◽  
The Eu

scholarly journals International Legal Aspects of Civil Protection of Intellectual Property Rights in the Czech Republic and Ukraine

1970 ◽  
pp. 248-253
Author(s):  
Ruslan Boudka
Keyword(s):  
Czech Republic ◽  
Intellectual Property ◽  
Legal Protection ◽  
Legal Aspects ◽  
Legal Order ◽  
Eu Law ◽  
International Treaties ◽  
The Czech Republic ◽  
Domestic Law ◽  
The Eu

The purpose of the article is a comparative analysis of certain international legal aspects of the Czech and Ukrainian systems of protection of IPR in the context of European integration processes. A comparative analysis of the basic principles of the interaction between international and domestic law between Ukraine and the Czech Republic shows that there are similar and distinct features. The similarity is based on the fact that the constitutions of both states contain an ambivalent legal regime effect of the provisions of international and national law, according to which the provisions of international treaties, which are properly implemented in domestic law, are an integral part of it. This means the supremacy of the national constitution on the provisions of a ratified international treaty, which, in turn, takes precedence over domestic law by virtue of the principle of good faith implementation of international treaties and the inadmissibility of invoking deficiencies in internal law and as a ground for non-compliance with international obligations. On the basis of the application of dogmatic, natural law and comparative-legal approaches the peculiarities of interaction of the international and domestic system of legal protection of intellectual property law are analyzed. The peculiarities of international legal protection of intellectual property law in the Czech Republic are revealed, in particular at the level of universal and regional systems of international protection, as well as in the framework of the supremacy of the European Union law and its horizontal effect on the legislation of Czech Republic. The difference between the legal order of Ukraine and the Czech Republic on the interaction of international and national law is conditioned by an EU factor, since the Czech Republic is a Member State of the Union. In the course of interaction between the domestic legal order of Ukraine with the EU, this takes place in the form of an approximation, the legal forms of which are defined by the Association Agreement between Ukraine and the EU. The interaction between the internal law of the Czech Republic and the EU law is determined in the field of intellectual property rights through at least two parameters: 1) the supremacy of law of the EU over the legislation of the Czech Republic; 2) the horizontal effect of EU law when the legislation of the Czech Republic does not properly specify and detail the principles and norms of the EU in private-law relations between individuals.

scholarly journals Entry Into the Common Market of the European Union in Terms of Czech Republic’s Foreign Trade with Dairy Products

2018 ◽  
Vol 66 (2) ◽  
pp. 605-616 ◽  
Author(s):  
Ivo Zdráhal ◽  
Věra Bečvářová
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Foreign Trade ◽  
Dairy Products ◽  
Business Environment ◽  
Common Market ◽  
Milk Product ◽  
The European Union ◽  
The Czech Republic ◽  
The Eu

The aim of the paper is to evaluate the development of the Czech foreign trade in milk and milk products and specify the typical features and consequences within its territorial and commodity structure using a specific system of indicators intended to show a relevant image on the topic. The analysis covers the period between 1999 and 2015 and are interpreted in the context of changes of the business environment that have occurred in the last two decades, particularly in relation to the Czech Republic’s entry into the European Union. Throughout the studied period, the Czech Republic revealed a positive balance of trade in milk and dairy products, as well as favourable values of TC index (value of coverage of import by export). The dynamics of the territorial structure of export and import is embodied in the overall trade dynamics between the Czech Republic and countries of EU-28. The Czech Republic’s entry into the EU common market, however, led to a change in the trading milk product structure. As a negative is regarded the fact that the structure of Czech export to the EU countries has changed and that is mainly concentrated on basic raw milk or dairy products of the first phase of processing with relatively low added value.

scholarly journals Food Self Sufficiency in Selected Crops in the Czech Republic and Poland

2014 ◽  
Vol 62 (6) ◽  
pp. 1329-1341 ◽  
Author(s):  
Pavel Kotyza ◽  
Josef Slaboch
Keyword(s):  
Czech Republic ◽  
National Security ◽  
Crop Production ◽  
The Self ◽  
Critical Limit ◽  
Internal Factors ◽  
The Czech Republic ◽  
Domestic Production ◽  
Self Sufficiency ◽  
The Eu

Being a member of the EU, today the Czech Republic is not entirely dependent on domestic production of food and farming commodities. Since borders inside the EU are open, particular commodities can flow without any tariff measures. But food self-sufficiency belongs to internal factors of national security and therefore it deserves sufficient attention. The aim of this article is to evaluate, based on an analysis, the self-sufficiency rate of the Czech Republic and Poland in selected commodities of crop production between marketing years 2000/2001–2009/2010, with special attention to the most important and cultivated commodities – basic cereals, oilseeds, corn and potatoes. Based on analyses of self-sufficiency rate it can be concluded, that both countries can be considered as stabilised with restpect to rate of self-sufficency of selected crops – none of the presented groups falls under 80%. For most described commodities the trend of self-sufficiency rate in the Czech Republic and Poland is stabilised or growing. Only production of potatoes is coming close to critical treshhold in CZ, therefore national strategies should be put in place to maintain the self-sufficiency rate above the critical limit. After an analysis of internation trade it can be concluded that the Czech Republic is specialised exporter of not-processed commodities but country significantly falls behind Poland in competitiveness of processing of commodities.

scholarly journals Strategic development of varietal vineyards in the Czech Republic

2012 ◽  
Vol 60 (2) ◽  
pp. 325-334 ◽  
Author(s):  
Jiří Sedlo ◽  
Pavel Tomšík
Keyword(s):  
Czech Republic ◽  
Vitis Vinifera ◽  
Future Development ◽  
Production Potential ◽  
Strategic Development ◽  
The Czech Republic ◽  
Current Production ◽  
External Sources ◽  
Being There ◽  
The Eu

The paper describes strategic changes in the structure of grapevine (Vitis vinifera L.) varieties grown in the Czech Republic. In 2004–2005, (i.e. after the admission of the Czech Republic into the EU) expenditures associated with restructuralisation and transformation of vineyards amounted for CZK 25,423 thous. The authors examine the development taking place in this domain within the last 50 years (i.e. from 1960 to 2010) and pay detailed attention to the period of 1989 to 2010. The paper analyses reasons of these changes and tries to describe the future development expected after 2010. The current production potential of the Czech Republic are 19,633.45 hectares of vineyards. For the time being, there are in average 1.07 wine growers per hectare of vineyards. As compared with 1960, the acreage of vineyards has doubled up and the number of the most frequent varieties has also increased. Within the period of 1989–1990, four varieties (i.e. Müller Thurgau, Green Veltliner, Italian Riesling and Sankt Laurent) occupied more than 60 % of the total vineyards area in the Czech Republic, whereas at present there are altogether 8 varieties (Müller Thurgau, Green Veltliner, Italian Riesling, Rhein Riesling, Sauvignon, Sankt Laurent, Blaufrankish, and Zweigeltrebe) at the nearly the same acreage.As far as the percentages of Müller Thurgau, Green Veltliner, Italian Riesling and Sankt Laurent varieties is concerned, it is anticipated that their acreages will further decrease, whereas those of Rhein Riesling, Sauvignon, Blaufrankish and Zweigeltrebe are expected to grow. The industry is under pressure of all Porter’s five forces of competition from external sources.

Enough is enough… Can various legislative tools cause ambiguities when applied in a single area? (Case study: Hády Hill, Brno, Czech Republic)

2021 ◽  
Author(s):  
Lucie Kubalíková
Keyword(s):  
Nature Conservation ◽  
Czech Republic ◽  
Protected Areas ◽  
Agricultural Land ◽  
Earth Science ◽  
Legal Protection ◽  
Habitats Directive ◽  
The Czech Republic ◽  
Care Plans ◽  
Management Measures

<p>Establishing legal protection to a geosite (or geodiversity site) is considered one of the key tools of how to conserve its values and how to avoid degradation and devastation. The proper management measures (usually included in care plans or other planning and strategic documentation) then help to balance the conservation needs and sustainable use of the sites and allow to gain public finances for these purposes.</p><p>In the Czech Republic, nature conservation is anchored in Act n. 114/1992 Coll. (Nature Conservation Act) which defines several levels of protected areas that can be applied also on geoheritage. However, there are other legislative tools that protect other entities (e.g. agricultural land, water, or forests). The special relationship to geodiversity has Act n. 44/1988 Coll. (Mining Act) which aims to protect the mineral deposits including their deposit areas. Various tools for the protection applied to a single area can cause ambiguities because every protected entity has different management and limitations.</p><p>This is the case of Hády Hill, an area situated in the outskirts of Brno, the second-largest city in the Czech Republic. The area is important from the Earth Science point of view (tectonics, paleontology, geomorphology, stratigraphy, hydrogeology) and has high ecological and cultural values, e.g. occurrence of endangered species linked to the subsoil, remnants of old landscape structures (orchards, pastures), historical mining, use of the building material for Brno monuments. Earth-science and ecological values are protected according to Nature Conservation Act within one National Nature Reserve, two Nature Monuments, and four Important Landscape Elements and partly included in Special Area of Conservation (according to the Habitats Directive - Council Directive 92/43/EEC). Moreover, due to the occurrence of quality limestone, which was extracted from the Middle Ages up to the end of the 20<sup>th</sup> Century, the part of the study area is declared as a reserved mineral deposit and protected deposit area (according to Mining Act). All these areas mutually overlap.</p><p>Concerning geoheritage, some phenomena still have no degree of protection, but they are included in the Database of Geological Localities (kept by the Czech Geological Survey) and proposed for legal protection.</p><p>Last but not least, the site undergoes tourist and recreational pressure which is continuously increasing due to the COVID-19 situation (lack of indoor possibilities of how to spend the free time).</p><p>To find the balance between the various conservation needs, management measures, limitations, tourist/recreation pressure, and urban development, it was necessary to do a complex analysis of the various types of protected areas and their values. Based on the SWOT analysis and Risk Assessment, the main threats, risks, and possible conflicts of interest were identified and assessed. Then, specific proposals and possible solutions were designed with an emphasis on effective geoconservation (e.g. declaration of the new or enlarging the currently protected areas), development of sustainable forms of tourism, and future rational use of an area (e.g. via volunteer activities or participative planning of management).</p>

How the Hard Right “Europeanized” Homosexuality

2018 ◽  
pp. 57-83
Author(s):  
Conor O'Dwyer
Keyword(s):  
Content Analysis ◽  
Czech Republic ◽  
Eu Accession ◽  
Quantitative Content Analysis ◽  
Lgbt Rights ◽  
The Czech Republic ◽  
Electoral Success ◽  
Lgbt Issues ◽  
Accession Process ◽  
The Eu

This chapter presents a framework for understanding the consequences of hard-right electoral breakthrough for the framing of homosexuality and LGBT rights. It begins by describing the extant framings of homosexuality under late communism in Poland and the Czech Republic. It then compares how the differing electoral success of hard-right political parties over the course of the EU accession process led to differing degrees of reframing homosexuality in both countries. In Poland, hard-right mobilization transformed the framing of LGBT rights by linking them with EU accession, which it portrayed as a threat to national identity. Because the Czech Republic did not experience hard-right backlash, the predominant framing of LGBT rights did not become as closely identified with the EU. The final part of the chapter moves from framing contests to frame resonance by presenting a quantitative content analysis of LGBT issues in both countries’ press from 1990 through 2012.

VALIDITY AND LEGAL EFFECT OF PUBLISHING LICENSE AGREEMENTS ACCORDING TO NEW CZECH LEGISLATION

2021 ◽  
Author(s):  
Lydie Tallova
Keyword(s):  
Czech Republic ◽  
Historical Context ◽  
Legal Protection ◽  
Civil Code ◽  
Copyright Law ◽  
Private Law ◽  
License Agreement ◽  
Industrial Property ◽  
The Czech Republic ◽  
Legal Norms

"This contribution focuses on the new legislation on the publishing license agreement in the Czech Republic. Given the legislative history and its importance in the copyright obligation area, this type of agreement occupies an essential position. The publishing license agreement is the oldest kind of license agreement. It dates back more than sixty years to earlier of the Czech legislation. Since 1953, it has been embedded in the the copyright law as a special subtype of copyright agreements. After the recent reform of the Czech private law, this legal body underwent a fundamental legislative change consisting of the transfer of this piece of legislation from the copyright law to the New Civil Code in order to unify the duality of the previous license agreement legislation formerly embedded in two legal norms of the Czech legal system. While the license provisions for literary, artistic and scientific works were contained in the copyright law provisions, the legal protection for industrial property objects, including corresponding license provisions, were subject to the commercial code. In connection with the private law reform, the New Civil Code came into effect on 1 January 2014 and its framework provided the lawmakers with a chance to unify the previously fragmented license agreement legislation into a single legal provision, while at the same time respecting the particularities of the license under copyright law. The unified license agreement legislation for commercial and civil relations in connection with the reform of local private law is newly defined in Sec. 2358 and 2389 of New Civil Code (Act No. 89/2012 Sb.), while the publishing license agreement provisions are defined in a special provision in Sec. 2384 and 2386 thereof. The new legislation has adopted the previous legislation from both special acts without any fundamental changes. However, minor changes are introduced to licensing law in the Czech Republic which are further specified in this paper. The issue under review is set in a theoretical framework and simultaneously depicted in a historical context. This paper presents the topic in its complexity by highlighting the overlap of the introduced changes in license agreement legislation with other provisions of the private law."

scholarly journals Comparison of agricultural subsidies in the Czech Republic and in the selected states of the European Union

2009 ◽  
Vol 55 (No. 11) ◽  
pp. 519-533 ◽  
Author(s):  
F. Střeleček ◽  
R. Zdeněk ◽  
J. Lososová
Keyword(s):  
Czech Republic ◽  
Life Quality ◽  
The European Union ◽  
Agricultural Subsidies ◽  
The Czech Republic ◽  
Subsidy Rate ◽  
European Heritage ◽  
The Common ◽  
The Difference ◽  
The Eu

The Common Agricultural Policy has been implemented in order to guarantee the appropriate life quality for farmers and to preserve the European heritage. Costs of its realization amounted to 40% of the EU budget. The EU has not established the same conditions for all member states. The aim of the paper is to assess the influence of agricultural subsidies and the structure of production on the incomes of agricultural holdings and their comparison with the largest producers in the EU with similar production structure. The shift-share analysis is used. Different amount of subsidies according to the type of farming together with increasing subsidy rate may influence the type of farming. Therefore, it may cause a paradox that the structure of subsidies according to the type of farming will stimulate products that are currently suppressed. The difference in subsidies in comparison with the largest producers with a similar structure of agricultural production is significant for the Czech Republic and it is possible to compare it to the increase of the SAPS by 75%.

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