Current Issues of Copyright and Industrial Rights: Conceptual changes in intellectual property rights approaches, with special regard to the concept of originality of works of authorship, the concept of trademarks and the understanding of the patent theory of equivalence
2018
Abstract
This publication is aimed to analyze some conceptual changes in the approaches in the field of intellectual property with special regard to the notion of originality of copyrighted works, definition of trademarks and understanding of patent's theory of equivalence. The publication starts with general analysis of the notion of copyrighted work as given under both Czech and European copyright law, taking into account international aspects.
In addition to theoretical background, European approach represented by CJEU's case-law is higlighted and several major judgements are addressed in order to summarize what actually the notion of copyrighted work and originality thereof stand for in European copyright law.