|Adéla Pecková, Martin Boháček
|Year of publication
|Metropolitan University Prague Press, Wolters Kluwer
|978-80-87956-94-6 (MUP) 978-80-7598-460-9 (WK), 978-80-7598-459-3 (WK e-pub)
The monograph is the result of research on industrial property protection of technical solutions in the Federal Republic of Germany under the grant project Legal Protection of Industrial Property System in Germany of the Metropolitan University, Prague. Thematically, the monograph deals mainly with the development and current form of protection of inventions and utility models that fall within the field of protection of the results of technical creative activity. Firstly, the reader is acquainted with the general question of the system of protection in Germany, which briefly introduces an overview of intellectual property rights and aspects of the continental law system from the point of view of Germany. The following chapters deal with the historical context and background of law development in the territory of Germany. The principal milestone in Germany's development, i.e. the reunification in 1990, which has also affected the legal protection of technical solutions, has not been omitted. In a separate part, the monograph introduces the current regulation for protection of inventions by patents and adverts to remarkable facts and possible differences with respect to the Czech legal regulation. In the next part, the monograph focuses on the specifics of utility models, which were created as an industrial-legal institute in Germany. In particular, it analyzes in detail the development of the condition of the inventive step, which, besides novelty and industrial applicability, is one of the conditions for registering utility models. Subsequently, attention is paid to the protection of employee inventions, which is included in the German law in a separate act, and shows many differences in terms of terminology and factual aspects. Above all, according to the act in force, employee inventions are divided into service and free inventions. In the case of disputes, a special procedure is set out, which includes Conciliation Commission under the DPMA.