LECTURE X. UNFAIR COMPETITION EU LEGAL FRAMEWORK REVISION Copyright Law and Media Law JUDr. Eva Ondřejová, LL.M. 1

US model JUDr. Eva Ondřejová, LL.M. 2 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

US model JUDr. Eva Ondřejová, LL.M. 3 Duration Works 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.17 U.S.C.§ 302Sonny BonoCopyright Term Extension Act

US model JUDr. Eva Ondřejová, LL.M. 4 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;

US model JUDr. Eva Ondřejová, LL.M. 5 Three types of transfers exist for copyrighted works. Assignment Exclusive license Non-exclusive license

Unfair competition JUDr. Eva Ondřejová, LL.M. 6 Where? What it is? Examples? Remedies?

Unfair competition JUDr. Eva Ondřejová, LL.M. 7 Basic definition  act  in business relations  causing harm to other competitors or customers  is prohibited  NCC S et seq.

Unfair competition JUDr. Eva Ondřejová, LL.M. 8 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

Unfair competition JUDr. Eva Ondřejová, LL.M. 9 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.

Unfair competition JUDr. Eva Ondřejová, LL.M. 10 Misleading identification of priduct in practice come 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).

Unfair competition JUDr. Eva Ondřejová, LL.M. 11 Marketing harassment disclosing 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.

Unfair competition JUDr. Eva Ondřejová, LL.M. 12 Protection  Refrain  Remove  Damages  Moral satisfaction  Unjust enrichment

License Agreeement JUDr. Eva Ondřejová, LL.M. 13 Formal requirements I. Parties of the license II. Subject-matter of the license III. The scope of Use IV. Royalty fee V. Right and obligations of the Parties VI. Communication VII. Termination and Withdrawal VIII. Confidentiality IX. Applicable law and jurisdiction X. Final provisions

Summary JUDr. Eva Ondřejová, LL.M.© 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?

Summary JUDr. Eva Ondřejová, LL.M.© 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?

Summary JUDr. Eva Ondřejová, LL.M.© 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?

Summary JUDr. Eva Ondřejová, LL.M.© 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?

Summary JUDr. Eva Ondřejová, LL.M. 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? 18

Summary JUDr. Eva Ondřejová, LL.M. 19 Who is data subject? What is access right? What is sensitive data?

Summary JUDr. Eva Ondřejová, LL.M. 20 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?

Summary - examples JUDr. Eva Ondřejová, LL.M What is not copyright work? a) software b) receipt c) foto 2. What does not belong to the moral rights? a) right to claim authorship b) righ to the inviolability of the work c) right to reproduce the work

Summary JUDr. Eva Ondřejová, LL.M The champagne wine is a) copyrights work b) patent c) geographical denomination 4. Who regulates the broadcasting in the Czech rep.? a) is free, not regulated by state b) the Council for Radio and Televison broadcasting c) the Press board

Finally JUDr. Eva Ondřejová, LL.M. 23 Attendance list Exam Date ; Paper work Questions?

JUDr. Eva Ondřejová, LL.M. Thank you for your attention 24