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Unfair advertising
Foltínová, Ľubica ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The subject of my doctoral thesis is the analysis of the judicial treatment of unfair advertising. The aim of the thesis is to offer a systematic outlook on the legal environment of advertising from a private and a public law perspective. The legal definition of advertising is given in the Advertising Regulation Act, which can be regarded as the most important public act governing unfair advertising and in the Act on the Operation of Radio and Television Broadcasting, which regulates advertising in television, radio and internet broadcasting. All these definitions belong to the public law area. On the other hand, the definition of unfairness can be found in a private law act, namely in the Commercial Code (Act No.513/1991 Coll.). The unfairness of competition (indirectly of unfair advertising as well) is defined with a general clause against unfair competition. As a result of these definitions, unfair advertising could be understood as the activity, which fulfils the legal definition of advertising and at the same time fulfils the general clause against unfair competition. The thesis consists of three extensive chapters. The first chapter describes the history of unfair advertising and the current legal regulation of this subject from an international, a European and a national perspective. This...
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Community law against unfair competition
Nathanielová, Nicole ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
Resumé Community Law Against Unfair Competition The purpose of my thesis is to analyze the European legislation on unfair competition, its application by Court of Justice of the European Union (hereinafter referred to as "CJ EU") and its implementation into Czech law. The thesis is composed of six chapters. Chapter One is dedicated to the general explanation and description of the unfair competition and its subjects. Chapter Two examines the background and evolution of the harmonization process on unfair competition on European level and summarizes present applicable directives. It also provides a brief note on respective Czech regulation in which these European directives were implemented. Chapter Three is dedicated to the subject of misleading advertising as defined by the Directive 2006/114/EC. The first part of this chapter provides a description of misleading advertising, second part illustrates the approach of CJ EU in its decisions. Third part is concerned with the Czech regulation of misleading advertising while it can be concluded that Czech regulation is sufficient according to required European standard without further need of implementation. Chapter Four is concerned with the comparative advertising and is subdivided into three main parts. Its first part contains a summary of conditions under...
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Selected issues of unfair competition and legal protection against such conduct
Mrzena, Miroslav ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Selected issues of unfair competition and legal protection against such conduct The purpose of my thesis is to analyse one of the most frequent unfair competition practice, the misleading advertising and the possibilities of legal protection against this practice. The thesis is composed of six chapters, each of them dealing with different aspects of unfair competition. The first chapter describes various attempts on the definition of the economic competition and explains the terms as economic aspect and benefit. The legal regulation of the economic competition includes direct and indirect regulation. Indirect regulation is based on exclusion of certain items or goods from the trading and on supervision of another category of items. Direct regulation is devided into antitrust law, that prevents elimination, restriction or another violation of economic competition, and into competition law, that prohibits the competitors from using unfair practices in the battle for customer. In the second chapter the unfair competition, its development and its subjects are covered. One of the most essential elements of an unfair competition, the "general clause" concept, is outlined in this chapter by characterization of its attributes and its relationship to special states of facts of an unfair competition. Certain...
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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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Misleading advertising and deceptive business practice when shopping online
Žáčková, Veronika ; Hejda, Jan (advisor) ; Kaczor, Pavel (referee)
This Bachelor´s thesis deals primarily with the issues of misleading advertising in online shopping, especially when purchasing at single-item e-shops. The thesis provides a description and comparison of misleading advertising and deceptive business practice, an analysis of a specific ´problematic´ e-shop and its comparison with a ´problem-free´ e-shop and a comparison of characteristics that are common to misleading e-shops. The thesis also includes a list of institutions that are authorized to resolve issues related to misleading advertising and deceptive business practice. The practical section of the thesis proposes a website add-on that might help reduce significantly the number of fraudulent e-shops.
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Misleading advertising from the point of view of average consumer
Hobzová, Anna ; Štěpánek, Petr (advisor) ; Vavrečka, Jan (referee)
This bachelor's thesis deals with the European legislation of consumer protection from misleading advertising using the institute of average consumer. The objective is to determinate whether the institute in its current form works efficiently and really protects the consumer. After explanation of basic terms and application of the method of average consumer on some specific situations, the thesis concludes, that the current way of using average consumer is not sufficient. The thesis also brings a possible solution created by the author.
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Misleading advertising and FMCG
Teprtová, Irena ; Boháček, Martin (advisor) ; Postler, Milan (referee)
The theoretical part is divided into four chapters. The first chapter deals with competition, the second chapter is about Czech law advertising regulation and about Community law. The third chapter describes misleading advertising and the fourth chapter deals with FMCG. The practical part analyzes current ads. The first chapter describes the method of analysis. The second chapter deals with use of misleading and the third chapter analyzes misuse of truthful information in advertising. The last chapter focuses on the advertising hyperbole.
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Unfair commercial practices in european and czech legal regulations and in practice of the courts
Štouračová, Vanda ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The bachelor thesis deals with charting of unfair commercial practices on consumer. Initially there are described unfair commercial practices in legal regulations of EU and Czech Republic and distinguished into misleading and agressive practices. There is also included description of misleading advertising. Besides unfair commercial practices there are described businessunlike commercial practices boundaring with legal regulations. Lastly there are stated chosen European and Czech court decisions and through them are shown aforesaid unfair commercial practices on particular judgements in practice.
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Consumer protection in the food sector, focusing on misleading advertising
Poszmiková, Silvia ; Boháček, Martin (advisor) ; Žák, Květoslav (referee)
The focus of the thesis is misleading advertising and the consumer protection against this unfair competition. The main focus area of the thesis is the misleading advertising of foodstuffs. The usage of this particular kind of commodities serves as an example to show which authorities are competent in the process of consumer protection against the misleading advertising. The thesis further deals with interpretation of terms, which are related with misleading competition, unfair competition and advertising in general. Awareness of the consumers of what are the possibilities of their protection against the misleading competition and their willingness to defend their interests is then discussed in the final part of the thesis.
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