K11 - Property LawNávrat zpět

This paper examines two rules concerning translation right as a part of copyright - the existing rule which gives an author or a copyright owner control over the translation of his works and a new rule that removes the translation right from the copyright owner. It adopts the approach of Gordon (1992) and evaluates these rules using the concept of asymmetric market failure and a gametheoretic framework. In each case, conditions are stated

The article deals with sex discrimination prohibition in the European community law as well as in the Czech law and it describes antidiscrimination juridical practise in the Czech Republic. It judges selected institutes of the antidiscrimination act from the point of view of their economic consequences. It shows to which behaviour the economic subjects are forced and analyses whether this behaviour is in accordance with economic rules of market economy, with principle of private property and free choices. It pays attention to equal opportunities and affirmative action as measures to ensure them, and the institute of burden of proof transfer to the accused. It concludes that the antidiscrimination act does not respect the natural rules of people's behaviour in real economic relations and it seems to be an artificial authority construct, which serves special purposes.

The key question of the presented thesis is what precisely economic nationalism means. The author uses the situation in Czechoslovakia between the two world wars as a background of her examination of both its dimensions, economic and nationalistic. She points out several problems arising from the use of the term. She also answers the question to what extent economic nationalism is economic and to what extent it is national. Following her empiric study of the effects of nationalism on economic relations, the author redefines the existing conception and suggests that emphasis be put on the terms economic emancipation and above all national economism. The latter expression describes non-standard economic relations - politically motivated creation of highly deformed market environments characterised by restricted entry opportunities, with the nationality of capital holders being the principal disqualifying condition.

The article describes the nature and importance of the concept of private property. It traces back the logical necessity of the respect for property as a safeguard of both peace and prosperity. Then, it surveys arguments in favor of intellectual property that allegedly coincide with those of the tangible property. It shows, however, that after careful research into the origin of patents and copyrights many problems arise. The analysis shows that there are no parallels between private property in tangible goods and property in intangible goods (ownership of ideal objects). Intellectual "property" fails in bringing about both peace and prosperity. The last part of the article suggests how a truly free market - a system that does not recognized intellectual property - might function.

Badly defined institutional framework caused many problems of the Czech transition. Designers of the economic reform did not respect the importance of precisely functioning market institutions. No doubts that building institutions supports the functioning of markets. The article analyses why Czech economists and politicians did not understand the problem in the beginning and how they attempted to correct this initial mistake. The Czech (Slovak) economy was in a worse situation if compared with other central European countries because any private sector did not exist there before 1990. Both formal and informal institutions were built here in the green field. After politically sensitive problems with financial crime the building of institutions was accelerated in late 1990s. The process of re-building Czech market institutions continues within EU now.