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Selected issues of unfair competition and legal protection against such conduct
Kelman, Jan ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The selected unfair competition practice and protection against such practice The aim of the thesis is to analyze the phenomenon of misleading advertising and the possibilities of legal protection against that kind of unfair competition, within the comprehensiveness of Master's diploma thesis. I deal with the topic predominantly from the private law point of view. The aim of the thesis is, first, to summarize unfair competition and related terminology and, next, to outline its different aspects in detail and present related instruments of legal defence. The thesis consists of nine chapters. Each of them is concerned with different aspects of unfair competition. The Introduction describes the thesis topic, the structure of the thesis and its aim. Chapter One defines the term 'competition' and describes the law regulating the right to competition, its limits and normative basis. Chapter Two focuses on market competition and consists of two parts. The first one concentrates on legal definition of the term 'competition' and its general interpretation. The second one is addressed to competition law and its division. Chapter Three explains the term 'unfair competition' and presents a detailed survey of subjects in unfair competition. Following subchapters examines 'competitors', 'consumers', 'other...
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European law against unfair competition
Hobzová, Anna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...
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Klamavá reklama a její dopad na podnikatelské subjekty
Pražský, Roman
Pražský, R. Misleading advertising and its impact on business entities. Bachelor Thesis. Brno: Mendel University in Brno, 2017. The aim of this bachelor thesis is to evaluate the economic impacts of using the misleading advertisement on business entities, both on the economic result and other economic indicators. In the thesis were mainly used the methods of analysis, comparison, generalization and, also description. I have studied three different large and known companies from different business spheres. I was looking for connections between the use of misleading advertisement and the progress of profit, operating profit and sales of selected companies. Then I compared the results and concluded the conclusions. I figured out that more serious economic impacts of misleading advertisement are on smaller or less known companies, than on those with long-standing traditions. In the final passages of the thesis I have defined recommendations for wider business community. Higher predictive value of some other thesis related to this topic can be obtained by increasing the number of surveyed companies or economic indicators.
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European law against unfair competition
Neuvirtová, Lucie ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Resumé European Law against Unfair Competition This thesis focuses on the regulation of law against unfair competition adopted on the European Union level. The thesis is composed of two parts - the first one introduces legislative regulation of law against unfair competition, the second part analyses legal regulation of misleading and comparative advertisement as the examples of merits of unfair competition. The first part of the thesis firstly overviews the law against unfair competition on the international level; the core of the thesis, however, lies in the overview of legislation adopted by the European Union. Within the summary of the European legislation it firstly introduces the background for the legislative activity of the European Union in the field of unfair competition. Subsequently, it is followed up by the overview of directives with the primary aim to protect European businesses and consumers against unfair competition. When introducing the directives it emphasises mainly the findings whether it was adopted under minimum or maximum harmonisation, therefore to which extend the member state legislators are free to diverge from the regulation adopted by the European Union. The aim of the forth chapter is to look at the law against unfair competition as a part of private law. The second part of...
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European law against unfair competition
Kaštánková, Jitka ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
European Law Against Unfair Competition Abstract The diploma thesis deals with the "European law against unfair competition" and the emphasis is placed on providing understandable and comprehensive summary of European law represented by two leading directives of the European Union. The first one is called Unfair Commercial Practices Directive and it focuses on relations between businesses and customers, while the second one, called Misleading and Comparative Advertising Directive, concentrates on business to business relations. Moreover, the realm of unfair competition is richly complemented by the jurisprudence of the Court of Justice of the European Union, which dedicates many of its rulings to this problematic due to its indispensable significance. The content of diploma thesis is divided into several chapters. The chapter following the Introduction gives brief definitions of the terms typical for this branch of law, for example competition or average consumer. The third chapter takes into account historical development of unfair competition at European union level and its direct impact to Czech legislation. For this reason, the fourth chapter includes a short discourse about unfair competition from the point of view of the latest Czech Civil Code. Questions relating to consumers and protection of their...
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European law against unfair competition
Hobzová, Anna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...
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European Law Against Unfair Competition
Najman, Ondřej ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
European Law Against Unfair Competition Abstract The scope of this thesis is intended to cover mainly two branches of the European law against unfair competition. Those two branches were recognized in (i) business-to- business relations governed mostly by the European Union Directive 2006/114/ES and in (ii) business-to-consumer relations governed by the European Union directive 2005/29/ES respectively. Taking in consideration the above-said, it can be stated that this thesis predominantly analyzes what should be in more precise way called as "European Union law against unfair competition". The thesis is divided into ten chapters while five of them should be considered as the leading ones. First of them is the chapter number five dedicated to B2B relations. The author examines the respective directive 2006/114/ES also to the extent of its relevant jurisprudence of the European Court of Justice. The same approach was chosen to describe functioning of B2C relations under directive 2005/29/ES in chapter number seven. Chapter number six focuses on so called "Average Consumer" model that has been found as one of the most important elements of EU law against unfair competition. Because of its exceptional relevance, chapter six deals with the average consumer in a very detail, emphasizing important role of the...
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Regulations of advertising within a legal and ethical framework focusing on unfair competition in the Czech Republic
Vojtovič, Jakub ; Winter, Filip (advisor) ; Hejlová, Denisa (referee)
The aim of this bachelor thesis is to present the legal and ethical framework of regulations of advertising, while pointing out the latest changes in this area. The legislation of unfair competition, especially false advertising and comparative advertising which went through some changes due to the new Czech Civil Code is more closely described. In the theoretical part of this thesis first the evolution of advertising in general is described, then it briefly enlightens on the development of regulations of advertising in the Czech Republic. Afterwards the thesis is divided into three main parts which describe ethical self-regulation, legal regulation and unfair competition. The practical part of the work contains examples regarding false and comparative advertising from the last few years. Lastly the content of this thesis is summarized and the author's opinion on the regulation of advertising is offered
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Misleading advertising
Vilhelmová, Lucie ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Misleading advertising The topic of this rigorous thesis is "Misleading advertising". The theme of the thesis is current and attractive, because everybody comes across the advertising all the time and thus the advertisement influents each of our lives. One of the motives for writing this rigorous thesis was to mediate understanding of problems concerning with the misleading advertising and the unfair competition. The rigorous thesis is divided into six chapters. The first chapter deals with the economy competition and is an introduction to the misleading advertising. In this chapter, I compare the brief historical excursion law against the unfair competition with the cartel law. The second chapter deals with the unfair competition. In this chapter, I also analyze the general clause of the unfair competition and its three characters and subjects of the unfair competition. The third chapter of the rigorous thesis is called "Advertising" and it is an introduction to the advertising and its legal and non-legal regulation in the Czech Republic and the European Union. The fourth chapter is a pivotal one and it is titled "Misleading advertising". In this chapter, I analyze the characters of the misleading advertising and trying to compare the regulation of the misleading advertising in the Commercial Code and the...
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