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Comparative advertising
Rousková, Petra ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The diploma thesis - Comparative advertising - is focused on domain of unfair competition and comparative advertising in the Czech Republic, and also in the European Union. Considering that basically there is no society living completely separated from surroundings, it is evident, that Czech law system should be seen in the context of the European Union legal environment. Comparing the Czech law and the European Union legislation I came to the conclusion that both are in their substance in compliance with each other. This is an important fact leading to an effective harmonisation of the national regulations with European Union law. This was achieved through several directives. Furthermore, I also included many conclusions on decisions of courts of law, which play an important role in this field of law. The diploma thesis is devided into six basic chapters. The first chapter defines economic competition and the law of economic competition. The second chapter is focused on unfair competition frame according to the Commercial Law (law no. 513/1991 of the Collection of Laws) and provides necessary information on the general clause, the keystone of unfair competition. The third chapter talks about the concept of advertising and comparative advertising including types and functions. The fourth chapter...
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The Community Trade Mark in Comparison with the National Trade Mark - Focused on the Unitary Character of the Community Trade Mark and the Absolute Grounds of Refusal
Beránková, Alena ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The Community Trade Mark in Comparison with the National Trade Mark - Focused on the Unitary Character of the Community Trade Mark and the Absolute Grounds of Refusal Abstract The Community Trade Mark system has existed since 1994 when the Community Trade Mark Regulation No. 40/94/EC was adopted. Even though the European system is younger than the national trade mark systems, one cannot say that it is a less successful system - particularly according to the number of registered Community Trademarks. The regulation of trademarks is very complex and for this reason I have decided to focus only on one part of the regulation, namely the unitary character, which represents a special characteristic of a Community Trade Mark - and further on the absolute grounds of refusal and their comparison in European and Czech trade mark law. The two systems for the registration of trademarks show considerable resemblance; however, one shall find differences, e.g. an integration of bad faith as one of the absolute grounds of refusal appearing only in the national system. The purpose of my thesis is to compare the two systems of trademarks - the Community level and the National level, and to provide readers with clear guidance regarding the general rules applicable within the registration. I will do this through an analysis...
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Comparative advertisemenet - the development of its regulation in Czech law
Šmukařová, Kateřina ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Resumé The aim of the thesis "Comparative advertising - the development of its regulation in Czech law" is to analyze the development of comparative advertising in the Czech legislation, to make a comparison with the EU legislation and to examine development trends in comparative advertising. The thesis is divided into four key parts. First part discusses general issues of comparative advertising, ways of comparison in advertising, understanding of comparative advertising in the past and general regulation of advertising. Second part of the thesis analyses development trends in the Czech regulation of comparative advertising. This part analyzes two key phases - understanding of comparative advertising before and after accepting the amendment of the Commercial Code (1st January 2001) that introduced explicit regulation of comparative advertising. The thesis evaluates compatibility of conditions of permeability in the Commercial Code to the ones in the EU directive, assesses strictness of the conditions and examines the relationship of comparative advertising to other explicitly regulated types of the unfair competition in the Commercial Code. In relation to the requirement of the single regulation of the comparative advertising in the EU it is possible to evaluate the regulation in the Commercial Code -...
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The relationship between the lawyer and his client under the contract of mandate
Čech, František ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Relationship between client and attorney-at-law according to mandate contract Resume This thesis examines the legal relationship between a client and an attorney-at-law who conclude a mandate contract. Its aim is to characterize the most important rights and obligations which arise in such a relationship in accordance with valid Czech legislation, judicial decisions and disciplinary practice of the Czech Bar Association. The thesis begins with a description of the special role of attorneys-at-law in the market of legal services among other professions that are involved in provision of these services. Then it focuses on the legal nature of a commercial mandate contract, its comparison with a civil mandate contract according to Czech law, and examines whether such differences in fact have any impact on the rights and obligations in the client and attorney-at-law relationship. After a short analysis of the possible legal causes of a creation of the legal relationship between a client and an attorney-at-law and I focus on the different rights and obligations which are the content of the relationship. I start with a description of the attorney's-at-law right for remuneration and the limits of this right, where I notice the different legal views towards a success fee. Then I explain the attorney's-at-law duty to...
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Business secret
Hanková, Lenka ; Eichlerová, Kateřina (advisor) ; Horáček, Vít (referee)
59 Summary Trade secret (subject and protection) Information plays significant role in international, regional and local business and keeping important business and industrial information in secrecy represents crucial point in many companies. This thesis is focused on the legal institute - trade secret according to relevant international, European and Czech law. The importance of trade secret has raising tendency and it deserves an attention of legislators in all states. The first chapter is dedicated to legal characteristics in international and Czech law and to the definition of the trade secret in accordance with s. 17 Act. No. 513/1991 Coll., Business Code. All information which is defined as the trade secret has to meet legal conditions, e.g. they must contain objective and subjective characteristics. Trade secret represents broad concept of information and rights. Nobody may jeopardize or violate the right of the trade secret. It is fully up to entrepreneur to treat with his/her trade secret in compliance with his/her will. The next chapter includes the legal analysis on a mutual relationship between the trade secret and alike legal institutes such as know-how, confidential information and internal information. Although the most important provisions about the protection of trade secrets are...
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Protection of Economic Competition - Agreements to Obstruct Competition
Sůra, Jan ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The aim of this thesis named "Protection of Economic Competition - Agreements to Obstruct Competition" is to analyse a theme of agreements distoring economic competition at the point of view of a substantive law of the Czech Republic and European Union. These agreements oftenly called as cartels represents one of the most dangerous anti-competitive practicies that leeds to a monopolization of free markets and in consequence of that to a damage of other undertakings and even consumers. This area of law is typical for its generality when the essential influence is reserved for a judicature. For that reason there is layed a great emphasis on the decisions of the European Commission, courts and also national competition authorities in this thesis. The soft law regulation by means of various White books and Notices issued by the European Commission and national competition authorities is not neglected. In Chapter One there is an introduction to this thesis. Chapter Two concentrates on the theme of agreements to obstruct competition in general. It describes a nature of the agreements and their elemental features and outlines a history of this therm. Chapter Three illustrates a relationship between the agreements and other anti- competite practicies - abusing of a dominant position and mergers and pointed...
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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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Sales contract under business law and its prospects
Švábová, Jana ; Černá, Stanislava (advisor) ; Horáček, Vít (referee)
71 Resumé In my diploma thesis I tried to find out the possible development of sales in Czech and European area. As we can see, legal adjustment of commercial sale and obligations has been changing in a huge development. Present legal adjustment without any doubt will get more changed. By cancelling the dualism of obligations, the legal adjustment of sales will get changed. The new adjustement is influenced by the politic situation, there is even a tendency to put off the code and start creating a new one (using the used materia). Not concerning the conceptual changes that will be the logical consequences caused by acceptation of new Czech Civil Code, I do have doubts about the mutual possible existation of both codifications, I work with in my thesis. I mean the new Czech Civil Code and the Draft of Common Frame of Reference. Although academic works in the area of CFR are characterised by considerable comparatistic (especially in the area of particular states law), I am afraid of minimum influence of CFR to the new Civil Code. Nevertheless it is premature to do any conclusions. It is always posibble to upgrade the existing Civil Code with the Draft. It will also depend on the binding force of DCFR for member states of the EU. Getting mantinels for CFR still seems to be an open question. How far are the...
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Comparative advertisement - the development of regulation in the Czech legal order
Soukupová, Radka ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
COMPARATIVE ADVERTISEMENT - THE DEVELOPMENT OF REGULATION IN THE CZECH LEGAL ORDER My thesis is aimed particularly to analyse the existing legal regulations on the comparative advertising in the Czech Republic with a view to its comprehensive treatment in the Community law and to summarize the history of the Czech laws not only of the comparative advertising evolution, but also an unfair competition or an unfair advertising in general, as the legislation governing the comparative advertising did not exist until 2001 and particularly the comparative advertising was usually qualified as an unfair competition. The work is divided into seven chapters. First two chapters briefly depict general characteristics of both the economic competition and an unfair competition terms and concepts. The third chapter is devoted to advertising in general. Chapters Four and Five form the core of the thesis. They are dedicated to the phenomenon of the comparative advertising and legislation prevailing in the Czech Republic. In Chapter Four, varying attitudes of different rules of law to comparative advertising are discussed in Section 4.1, and Section 4.2 summarizes the different types of comparative advertising. Section 4.3 is dedicated to the evolution of the legislation on unfair competition or an unfair...
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The selected problems of the concept of State aid regulation
Kašparová, Kateřina ; Černá, Stanislava (advisor) ; Horáček, Vít (referee)
TFEU attempts to achieve a balance Member States and the European Union by laying down a broad prohibition on the granting of State aid which distorts of threatens to distort competition by favouring certain undertakings of the production of certain goods' insofar as it affects trade between Member States (Article 107 (1) TFEU). Even TFEU provides the general prohibition of State aid, there are some exceptions to the general prohibition that are either automatically compatible with the internal market (Article 107 (2) TFEU) or enables the European commission to consider the compatibility of certain aid with the internal market on the bases of a number of objectives to be attained (Article 107 (3) TFEU). The application of these exceptions is only within the power of European Commission. State aid measures can be effective tools for achieving objectives of common interest. State aid should only be used when it is an appropriate instrument for meeting a well defined objective, when it creates the right incentives, is proportionate and when it distorts competition to the least possible extent.
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