B_PPL Industrial Law and Licenses

University of Finance and Administration
Winter 2026
Extent and Intensity
2/0/0. 3 credit(s). Type of Completion: z (credit).
Guaranteed by
JUDr. Mgr. Tomislav Potocký, Ph.D.
Department of Economics and Management – Departments – University of Finance and Administration
Contact Person: Mgr. Petra Dovhunová
Prerequisites
This course has no prerequisites.
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives
The aim of the course is to acquaint students with all important aspects of intellectual property management in business. Particular attention is paid in particular to trademarks, industrial and utility models and patents, as the most important elements of corporate governance strategy. Students are also acquainted with the issues of protection of know-how, trade secrets and license use of intellectual property rights, including the possibility of enforcing these rights in case of their violation. After completing this course, students should be able to understand this issue and should also be able to practically use industrial rights and licenses in managing business strategy of companies, including start-ups.
Learning outcomes
The Czech Republic's Innovation Strategy 2019–2030 has the ambition to become one of Europe's innovation leaders and become a country of the technological future within 12 years. The aim of this Innovation Strategy is to make the Czech Republic a symbol of knowledge and advanced technologies, based on a combination of our industrial traditions, research background and entrepreneurial skills. This vision is inherently linked to the protection of intellectual property as one of the pillars of this Innovation Strategy. In the Czech Republic, intellectual property protection instruments are under-utilized in comparison with the most developed countries, which is reflected in the low number of national and foreign patents granted.
Upon completion of this course the student will become aware of the need to protect intellectual property,
increase awareness of its protection and also increase the use of intellectual property and its commercial potential in the research, development and application spheres.
Syllabus
  • · I. INTRODUCTION TO INTELLECTUAL PROPERTY
  • o Copyright and its relationship to industrial rights
  • o Overview of main types of industrial rights and their role in business
  • o Economic significance of IP for start-ups and established companies
  • o Czech Innovation Strategy 2019–2030 and comparison with EU innovation policy
  • o EU Intellectual Property Action Plan (2020), unitary patent and reforms in enforcement
  • o Overview of international treaties (Paris Convention, TRIPS, Madrid System, Hague System)
  • · II. DESIGN PROTECTION
  • o Legal definition of design and requirements for protection
  • o Criteria of novelty and individual character – practical examples (Apple vs. Samsung, Czech glass products)
  • o Scope and effects of registered design protection
  • o Protection of unregistered designs in the EU
  • o Topographies of semiconductor products and their special regime
  • · III. TRADEMARK
  • · Functions of a trademark (identification, guarantee, advertising)
  • · Registrability and assessment of distinctiveness
  • · Right of priority (seniority) in practice
  • · Absolute and relative grounds for refusal
  • · Rights and obligations of trademark owners
  • · Trademark and marketing practice
  • · Oppositions to trademark registration
  • · Case studies: Lidl vs. Tesco, Red Bull vs. Bull Dog
  • · IV. PROTECTION OF TECHNICAL SOLUTIONS
  • · - Patent for invention
  • · - Improvement proposal
  • · - Utility model
  • · - Employee invention or utility model
  • · - Rights of inventors and patent owners
  • · V. DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS
  • · Difference between designation of origin and geographical indication
  • · Examples of Czech protected products (Pilsner, Olomouc curd cheese)
  • · Control of specifications and the role of state authorities
  • · Objections and disputes over registration
  • · Relationship to trademarks (conflict of rights)
  • · VI. KNOW-HOW AND TRADE SECRETS
  • · Defining features of know-how under the EU Directive
  • · Contracts for the provision of know-how and license agreements
  • · Practical protection of know-how in a company (NDAs, internal policies)
  • · Trade secrets and judicial protection
  • · Current case law on trade secret infringement (cases in the Czech Republic and EU)
  • · VII. LICENSES
  • · Types of license agreements (exclusive, non-exclusive, cross-licensing)
  • · Mandatory and optional elements of contracts
  • · Licenses for technical solutions and for rights to designations
  • · Open-source licenses and their specifics (GPL, MIT, Creative Commons)
  • · Cross-licensing and patent pools (e.g., in the field of 5G technologies)
  • · VIII. PATENT OFFICES AND ORGANIZATIONS
  • · - Industrial Property Office (CZ IPO)
  • · - World Intellectual Property Organization (WIPO)
  • · - European Patent Office (EPO)
  • · - European Union Intellectual Property Office (EUIPO)
  • · - Visegrad Patent Institute (VPI)
  • · IX. ENFORCEMENT OF INDUSTRIAL PROPERTY RIGHTS
  • · Persons entitled to enforce rights (owner, licensee, collective organization)
  • · Right to information and corrective measures
  • · Amount and methods of damages
  • · Protection of trade secrets in court proceedings
  • · Alternative dispute resolution – mediation, arbitration
  • · IP Scan Enforcement tool and its use for SMEs
  • · X. INDUSTRIAL PROPERTY STRATEGY
  • · IP scan as a diagnostic tool for companies
  • · How to choose the optimal method of legal protection for products and services
  • · License agreements in technology transfer (role of universities and spin-off companies)
  • · Option agreements and NDAs in practice
  • · XI. CURRENT ISSUES
  • · IP and marketing strategies
  • · Industrial rights in the digital environment (protection of databases, software, user interfaces) · XII. CURRENT ISSUES II
  • · Copyright and industrial property aspects of AI creations
  • · Patentability of AI systems and algorithms
  • · European legislation (AI Act, Digital Services Act, Data Act)
  • · International developments
Literature
    required literature
  • KARABEC, David. Průmyslová práva a licence. 2., aktualizované vydání. Praha: Vysoká škola finanční a správní, 2019. EDUCOpress. ISBN 978-80-7408-195-8.
    recommended literature
  • SCHWEMER, Sebastian Felix. Licensing and access to content in the European Union: regulation between copyright and competition law. Cambridge: Cambridge University Press, 2019. Cambridge intellectual property and information law. ISBN 978-1-108-47577-8.
  • KOTYKOVÁ, Martina. Právní ochrana grafických uživatelských rozhraní. Praha: Metropolitan University Prague Press, 2017. ISBN 978-80-87956-69-4.
Teaching methods
In addition to theoretical knowledge, the course will also include practical examples and case studies of the use of intellectual property rights in the Czech Republic and abroad.
Assessment methods
The course is completed with a CREDIT (3 ECTS credits).
**Full-time study:** The credit is granted upon successful completion of a test (11 correct answers out of 20 multiple-choice questions).
**Part-time study:** The credit is granted upon fulfilling the requirement of **at least 50% active attendance** (i.e., not just mere presence, but active participation in the course, including discussion, interaction, and argumentation) and upon successful completion of a test (11 correct answers out of 20 multiple-choice questions).
Language of instruction
Czech
Further Comments
The course can also be completed outside the examination period.
The course is also listed under the following terms Winter 2020, Winter 2021, Winter 2025.
  • Enrolment Statistics (recent)
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