This paper focuses on the consensual security rights over the objects of intellectual property in the Czech Republic. The paper is based on the national report presented for the purpose of XX. Congress of the International Academy of Comparative Law (Japan, Fukuoka, 22-28 July 2018). In the first part of the paper, the authors describe the system of the intellectual property protection and explain the basic principles of the core sstems of IP protection: copyrights, patents, trademarks and industrial designs. in the next part the authors define three most common methods of the security rights over the intangible assets: a pledge, transfer of a right as a security, and a prohibition of the alienation or the encumbrance of assets. The paper subsequently deals with the following issues: typical structure of the security transaction, mechanisms of evaluating the IP rights used as collateral, and requirements needed for the effectiveness of security rights. With this regard the authors distinguish between the effects of the security rights over non-registered rights such as copyright or unregistered designs, and security rights over registered trademarks, granted patents or registered industrial designs. Special attention is paid to the security rights over the business enterprise. The final part of the paper is aimed at the statistical analysis. The authors describe how frequent is the use of the consensual security rights in Czech legal practice and what are the usual costs related to the secured transactions over the intellectual property., Pavel Koukal, Helena Pullmannová., and Obsahuje bibliografické odkazy
After the accession of several Central and Eastern European countries to the European Union in 2004, new challenges arose for their highest judicial institutions to define and shape the relationship between the national and European legal order. This paper assesses the first decade of the effort of the Slovak Constitutional Court (SCC) in interpreting the relationship between domestic and EU law via applying the concept of constitutional pluralism which presumes a specific relationship between the legal orders characterized by their heterarchical structure, mutual interaction and cooperation rather than of a hierarchical, monistic structure, governed by clash over dominance. Answering the research question how the SCC has positioned itself vis-à-vis the constitutional monism v. pluralism dilemma can offer an insight on the general relationship between domestic and EU law in Slovakia. By analysing statutory law, selected judgments and reviewing secondary literature, the paper argues that the SCC seems to have chosen the monistic, hierarchical approach to the relationship, having rejected constitutional pluralism. At the same time, this position is not articulated clearly enough due to the veil of secrecy that to some extent still prevails over the SCC’s doctrinal attitudes to EU law. The findings of the paper, which combines conceptual analysis of constitutional pluralism with review of relevant legal provisions and case law, demonstrate the need for a more active and straightforward approach of the SCC when dealing with the challenges of EU law., Max Steuer., and Obsahuje bibliografické odkazy
The issues related to cybersecurity are being amplified by the growing role of the Internet of Things devices in current digital economy. The focus of this contribution is to examine the challenges of IoT environment for the corporate cybersecurity from the legal perspective with regards to the specific role of small and medium enterprises. It provides an introduction into the environment of SMEs and the transformation of their operations through new technologies, followed by highlights of the cybersecurity challenges brought by the IoT. Core part of the contribution is an analysis of the applicable legal frameworks and discussion of the broader picture with regard to this specific perspective on the regulation of corporate cybersecurity., František Kasl., and Obsahuje bibliografické odkazy
The national report for the purpose of the 20th International Congress of Comparative Law Fukuoka 2018 deals with the optional choice of court agreements from the perspective of the Czech law. The report answers the questions if the Czech national legislation allows the parties to conclude the optional choice of court agreements in international cases, what is the character of these clauses and if they are expressly stated in the Czech Private International Law Act. The authors deal also with the asysmmetrical choice of court agreements, expecially their legal effect. in the end of the report, the authors evalueate the efficiency of the national regulation and propose for the necessary modifications., Naděžda Rozehnalová, Silvie Mahdalová, Lucie Zavadilová., and Obsahuje bibliografické odkazy
Administrative courts at the onset of the new century face the challenge of ever-changing legislation. Frequent amendments do solvee some gaps but creat even more gaps which have to be filled by the courts. in the CZech Republic relative ease of judicial review by the courts of first instance and the wide open access to the Supreme Administrative Court mean that many administrative cases are resolved in four instances - two instances of administrative proceedings and additional two instances of judicial proceedings. All these things considered, it is not surprising that neither legal scholarship nor case law defines any general concept of judicial deference (or self-restraint) to the administration. Various areas of public law contain some expressions of judicial deference (most notably the limitation of judicial review of administrative discretion and subsidiarity of judicial review). Nevertheless, both case law and scholarship are far from subsuming these concepts under the common label of "judicial deference to the administration". This paper provides an in-depth analysis of the notion of judicial deference in the Czech Republic as well as some prospects in this field., Zdenek Kühn, Josef Staša., and Obsahuje bibliografické odkazy
Příspěvek se zabývá institutem tzv. dříve vyslovených přání, přičemž zahrnuje jak některé právní, tak i některé etické problémy. Zejména se soustředí na otázky, které ještě v české odborné literatuře nebyly řešeny. V první části je shrnuta užívaná terminologie a historie institutu. Kromě toho jsou zmíněny tři modely dříve vyslovených přání, tzv. living will, substitute decision-making (rozhodování zvoleným zástupcem) a konečně tzv. values history (historie hodnot pacienta). Ve druhé části je shrnuta úprava v České republice. Ve třetí se pak článek zabývá konkrétními právními a etickými problémy., This article deals with advance directive and some legal and ethical issues associated with them. Its main purpose is to show some problems which haven´t been solved in Czech professional literature. The first part of this article summarizes terminology and history of this medical institute. Three models of advance directives are mentioned as well - living will, substitute decision-making and values history. The second part summarizes Czech legislation and its development. The last part speaks about some crucial ethical and legal issues associated with advance directives., and Adam Doležal.