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Legal Doctrine and Case Law Related to the Act on Protection Against Unfair Competition (1927) and Their Influence on the Current Law Against Unfair Competition
Veselý, Petr ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
The subject matter of this thesis is the analysis of the Czech pre-WW2 legislation on unfair competition as laid out by the Act on Protection against Unfair Competition 111/1927 Sb. and the vast body of work concerning its interpretation and application as contained in both doctrinal works and especially the case law of the Czechoslovak Supreme Court. The thesis then attempts to thoroughly compare these to the relevant contemporary Czech case law and theoretical works. To achieve this goal, after a thorough preliminary analysis and selection of the relevant sources (especially applicable case law), the thesis lays out the most crucial legal questions and areas of interest in which the current legal doctrine and case law have been influenced by the pre-war era. The thesis contains thorough analysis of provisions containing vague legal terms, such as "good morals of competition", "business relations" or "average consumer" and attempts to put these into the context of legislation, legal doctrine and case law of the first Czechoslovak Republic. Considerable attention is also paid to the relationship between industrial property law and the law on unfair competition. The focus has been put on providing an analysis of the foundations that had shaped the legal thinking of the first Czechoslovak Republic in...

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