Dr Zuzana Cisarova

Position: Visiting Fellow
School and/or Centres: Centre for European Studies

Qualification:

1994 - finished studies at the Charles University in Prague, Law Faculty 1997 - Academic Degree “Doctor of Law” (JUDr.)

Biography
Publications

Since 1997 has been working as an assistant and lecturer at the Institute of Copyright, Industrial Property Rights and Competition Law of the Law Faculty of Charles University in Prague. In addition to teaching, she is involved in scientific and publishing activities in the field of copyright, trademarks and unfair competition. 2015 – enrolled in a Ph.D. study at the Charles University, Law Faculty in the field of civil law, with the title “Copyright Law Issues in Internet”. The study should be focused on the use of works protected by copyright law in the digital environment and on the liability of intermediary service providers. The research should analyse the case law of the Court of Justice of the European Union on the application of the copyright directives, esp. Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce, Chapter II Section 4) and the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. The most difficult task for the CJEU is to find a balance between different fundamental rights guaranteed under the Charter of Fundamental Rights of the European Union (2000/C 364/1): right to property including the copyright protection on one side and other fundamental rights such as freedom of expression and information, freedom of speech, personal data protection. Concerning the Internet intermediaries it is necessary to weigh carefully the fairness and economic effect of the measures imposed on them in relation to free movement of goods and services a the freedom to conduct a business. The precautionary measures shall not impose a general obligation to monitor the information which they transmit or store, or a general obligation to seek actively facts or circumstances indicating illegal activity of their customers. There are some important differences between the European continental system of copyright law and the Anglo-American common law, which also should be mentioned and compared in this research.

Císařová, Z., Křesťanová, V.: Advertising regulation law, Linde Praha, 2002; Císařová, Z.: Exhaustion of rights in the Information society regarding copyrighted works and its international effects, EMP 1/2003; Císařová, Z., Kroftová, B.: Providers´ responsibility for breaching the copyright and the right to the freedom of speech in the Czech Republic,. In: Current issues of Copyright and Industrial Rights. Nakladatelství Karolinum, 2009; Císařová, Z.: Copyright agreements with an international element in the digital environment. In: Tomášek, M., Gerloch, A. a kol.: New phenomenons in law in the early 21th century – Vol. 2. Nakladatelství Karolinum, 2010; Císařová, Z.: European Court of Justice has decided: ISAP needn´t to filter, eBay has to? In: epravo.cz, 2011; Císařová, Z.: Passive legitimacy of (host)providers in case of copyright infringement in Internet and L´Oréal/eBay and Scarlet/SABAM rulings. In: Current issues of Copyright and Industrial Rights.Charles University, 2011; Císařová, Z.: Electronic data and Cloud computing from the view of Copyright and Personal data protection.Charles University, 2012; Císařová, Z.: Crucial decision of the Court of Justice EU in the case ACI Adam C-435/12 about the copying from illegal sources, In: epravo.cz, 2014; Císařová, Z.: The phenomena of the “new public” in the decisional practice of the Court of Justice of European Union and its compatibility with the international copyright treaties. In: Current issues of Copyright and Industrial Rights. Charles University, 2014; Císařová, Z. Copyright system in the Australian Common Law and thoughts about introducing of the fair use doctrine. In: Current issues of Copyright and Industrial Rights. Charles University, 2015.