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Comparative advertisement - the development of regulation in the Czech legal order
Dufková, Marie ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The Comparative Advertising - development of regulation in the Czech legal order Resumé My thesis analyzes the legal regulation of the comparative advertising in the Czech Republic. It deals not only with the current legislation, but it looks at the historical development and future perspectives too. The goal of my thesis is to provide a thorough guide to the development of its legal regulation within the particular eras of the Czech history, describe different approaches of legislators, judges and professionals, and eventually, I try to evaluate the current situation and draw conclusions. At the very beginning after my introduction I put a short chapter containing a few words about the term "comparative advertising" itself and about the different types of comparative advertising. Then, in the following chapter I chronologically address the issues of legal legislation in the history of the Czech Republic: the first part is dedicated to the time period of so called "First Republic" and its Law on protection against unfair competition and its vast judicature. The second part is concerned with the socialist era in our history, the complete rejection of the economic competition as such and the logical decline in the interest in the unfair competition legislation. The last two parts of this chapter mention the...
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Perception of comparative advertising in the Czech environment
Lesáková, Kateřina ; Rosenfeldová, Jana (advisor) ; Vranka, Marek (referee)
This bachelor thesis deals with the issue of comparative advertising and its perception in the Czech environment. From a marketing point of view, comparative advertising represents an interesting opportunity to legally confront the competition in advertising. However, this option is little used in the Czech Republic, although comparative advertising has been permissible for twenty years. The aim of the thesis is to provide a comprehensive insight into the topic and to find out what reactions the comparative advertising in the Czech environment evokes. The theoretical part introduces comparative advertising as part of marketing communication, its legal and non-legal regulation or its perception in different cultures. Research, which deals with the issue of comparative advertising in the Czech environment, is presented additionally. The practical part then builds on the theoretical part and verifies its findings through quantitative research in the form of a questionnaire survey. Specific examples of comparative advertising are also presented. The obtained conclusions can be useful, for example, for advertisers who are considering whether to create a comparative advertisement, but also for the academic community, as this topic is not much researched in the Czech environment.
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Comparison of market leaders and their direct competition with the primary focus on Alza.cz and CZC.cz
Veverka, Martin ; Koudelková, Petra (advisor) ; Klabíková Rábová, Tereza (referee)
This bachelor thesis focuses on the direct competitors of leaders in various markets and their marketing strategies and practices. In the theoretical part, important factors of brands such as branding and positioning are discussed and these theoretical terms are interspersed with practical examples. The practical part then uses in-depth interviews and analyzes to describe the marketing strategy of CZC.cz, which it uses against its more successful competitor Alza.cz. The goal of the thesis is to find out whether profiling to the position of the second most successful company in a given segment is advantageous for brands and whether there are any connections between different industries and strategies.
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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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Comparative advertisement - development of its regulation in Czech law
Volf, Petr ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
Comparative advertisement - development of its regulation in Czech law In my diploma thesis I deal with comparative advertising in the Czech legal system. Its main goal is to monitor the development of legal regulation of this phenomenon in historical periods, with an emphasis on private law and its changes after harmonization amendment no. 370/2000 Coll. The work is divided into the introduction, seven chapters, which are further divided into subsections, and the conclusion. Following the introduction, there are three chapters, which are dealing with general topics that are connected with main theme of my thesis. The first chapter briefly allude to regulation of competition, including system of unfair competition with accentuation of the general clause. Next chapter is focused on the general term of advertising with the mention of its self-regulation, which serves as an alternative to legislation. In the third chapter is specification of theoretical frame of comparative advertising, including the list of different types of comparative advertising, which is followed by summary of different legal approaches to advertising comparison. Fourth chapter contains historical overview of legal regulation of comparative advertising in the Czech legal system covering the period from the First Republic to the...
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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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Comparative advertisement - development of its regulation in Czech law
Srněnský, Jakub ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The diploma thesis is related to the comparative advertisement and its chronological development in the czech legal order. The aim is an explanation of the comparative advertisment institute, its history and modified private law regulation in the Civil Code no. 89/2012 Coll with comparison of individual past legislation and consideration of European law. The thesis consists of an introduction, four chapters, their subchapters and conclusion. The first chapter defines the general notions related to the comparative advertisement institute starts from the economic competition, private branch as competition law and the definition of advertisement, its history and understanding. Afer the advertisement definiton loosely follows second chapter which solely deals with the comparative advertisement institute. In this chapter a reader gets acquanted with the terminology, theory and practical cases of comparative advertisement. Then he is able to clarify the positives and negatives of comparative advertisement. The third chapter deals with the historical excursus starting with section of the legislation of the comparative advertisement from year 1919 to 1950, followed by the historical part from the lack of freedom period and ending with revolutionary legislation in year 1989 which is subsequently divided to...
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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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Regulation of advertisements in pharmaceutical industry
Metelka, Jan ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Abstract, Jan Metelka The main aim of this diploma thesis was to firstly explain the field of human pharmaceuticals and regulation of advertisement regarding them, from the general point of view and then in details. In order to achieve this it was required to define advertisement and pharmaceuticals because these terms and crucial for the whole thesis. Both definitions may be off the scope of this text however it plays an important role in understanding all necessary issues. Advertisements in pharmaceutical industry have some specifics as described in chapter 2. There are two kinds of recipients - experts (doctors and pharmacists) and ordinary people (mostly patients). Every kind is special and regulated in a different way. Third chapter described all steps in administrative proceedings related to Act on Advertisement, forming a public branch of law against unfair competition. It summarises and divides all misdemeanours, statistically describes how often they occur and deeply analyses possible breaches of Act on Advertisement. The main part of this thesis is Chapter seven, dealing with unfair competition in private law, as mentioned in early chapters, however here it is specifically described how to apply the general clause and the more important kinds of unfair competition such as deceptive adverts and...
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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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