Angličtina (1)
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For a trust to be valid, the necessary elements are the certainty of intention, the certainty of subject-matter and the
certainty of objects.
Public (charitable trust) – the settlor is called the donor, the beneficiaries need not to be certain, charities enjoy tax
exemptions, they must serve either relief of poverty, advancement of education, advancement of religion or benefit of the
community
Express – may be created during the settlor’s lifetime or by will, the settlor deliberately and consciously creates the trust,
the beneficiaries are clearly identifiable and the trustee is appointed to hold, administer and manage the property according
to the terms set out by the settlor
Implied – express intention is absent, therefore it is not created intentionally but based upon the presumed intention of the
settlor
Constructive – trust created by a court (imposed by law) regardless of the intent of the parties
The Czech law knows the concept of trust law comparatively for a short period of time (after the recodification of the civil
law). A trust fund can only be established through an explicit act of the settlor. The “act” may take form of a contract
(between the settlor and the trustee – the trustee must except) or a bequest (gift in a will). The new Civil Code also
recognizes private and public trusts.
8 – INTELLECTUAL PROPERTY
Intellectual property law includes copyright, patent, trademark, trade secret, design and geographical indications.
Copyright protects artistic works such as books, films, software of some commercial value. It arises automatically at the
moment of creation of a work. To use a copyrighted work, one must pay for it. There is also a term fair dealing, which means
that for example a book can be photocopied for free but only for non-commercial purposes and not a substantial part of it.
The works enjoy 70 years of protection after their publication.