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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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Marketing harassment as the facts of unfair competition
Opitzová, Nika ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
MARKETING HARASSMENT AS THE FACTS OF UNFAIR COMPETITION Abstract This master's thesis titled "Marketing harassment as the facts of unfair competition" focuses on the legal regulation of marketing harassment, which was introduced by Act No. 89/2012 Sb, Civil Code. This Act lays out what is considered the statutory facts of unfair competition. These particular facts concern the phenomenon of unsolicited advertising that is unprecedently common in present-day society. The establishment of the institute of "marketing harassment" in the new Czech Civil Code can be considered a positive measure taking into account that its purpose is to protect the privacy of a legal entity. However, the very formulation of marketing harassment in the abovementioned Act can hardly be judged as a distinctively positive one. The objective of this thesis is not only a detailed analysis of marketing harassment itself and evaluation of its positives and negatives, but also a comparison with the regulation of similar issues found in other regulations as well as self-governing regulations (specifically in the Code of Advertising). The attempt to outline possible changes in these facts in terms of de lege ferenda is an integral part of this thesis. The thesis is divided into five chapters. The first chapter contains a brief overview of...
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Legal Penalty for Unfair Competition
Tulačková, Markéta ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Legal Penalty for Unfair Competition Unfair competition law has quite a long tradition in the Czech Republic. After the recodification of private law, the basis of the legal regulation of unfair competition is contained in the Civil Code, which is a fundamental code of the general civil law. Other legal remedies are based in the Civil Procedure Code. In the last decades some elements of the public law also infiltrated the system of legal penalties for unfair competition. The aim of this diploma thesis is to introduce the system of legal penalties for unfair competition in the Czech Republic. The main emphasis is put on the private law regulation, i.e. the regulation contained in the Civil Code and the Civil Procedure Code. The text of this thesis focuses on the comparison of the particular remedies under the Civil Code with the remedies that used to be anchored in the Commercial Code as well as on the alterations put on the unfair competition law in connection with enacting the new Civil Code. The thesis is divided into four chapters. Chapter One first of all briefly introduces unfair competition law and sets it in the context of international law and European law. Additionally, the meaning of the general clause of unfair competition and its relationship with the special statutory clauses of unfair...
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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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Unsolicited advertising in Czech and German law
Vacková, Linda ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Unsolicited advertising in Czech and German law This thesis, entitled "Unsolicited advertising in Czech and German law", comprehensively analyses the issue of unsolicited advertising in the legal system of the Czech Republic and the Federal Republic of Germany. Unsolicited advertising represents a certain interference with the personal or commercial sphere of its addressee or third parties, and in the context of the development of modern means of communication appears increasingly and in various forms. Even though advertising in general is a reflection of freedom to conduct a business and freedom of expression, its legal regulation is needed, especially in case advertisement is undesired and harassing. The text of this thesis is systematically divided into four consecutive parts. The first part constitutes an initial reflection on the need and reason for a legal regulation of unsolicited advertising. The second part is divided into four chapters and provides the basis for regulation of unsolicited advertising and an outline of its current form. The first chapter deals with the historical background of regulation of unsolicited advertising. The second chapter places unsolicited advertising into a wider legal framework of constitutional law. In the following third chapter the issue of unsolicited...
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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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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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Legal Penalty for Unfair Competition
Zátopek, Petr ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
This diploma thesis concern with the legal penalty for unfair competition from the perspective of private law. The goal of this thesis is to analyze the respective private law means of protection against unfair competition, which are governed by Act no. 89/2012 Coll., The Civil Code and the Law no. 99/1963 Coll., The Civil Procedure Code. Attention is also paid to the legitimation of subjects in disputes arising from unfair competition and private law protection against unfair competition on the social network. Thesis is divided into the four chapters. Introduction of the first chapter is dedicated to law against unfair competition in general. The first subchapter sets out in detail general clause governed by § 2976 of the Civil Code, especially its historical development. The second subchapter deals with the new merits of the intrusive harassment, which was included due to the recodification of private law in the Czech Republic among the special facts of unfair competition provided by the Civil Code. The second chapter of this thesis is focused on the legitimation of the subjects in disputes arising from unfair competition. This chapter deals with actively and passively legitimized subjects that arising in disputes from unfair competition and trying to specified these individual entities in...
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Legal penalties for unfair competition
Černá, Karolína ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Legal Penalties for Unfair Competition As the unfair competition has become the part of business due to the fact that businessmen are trying to achieve the profit, it is necessary to set up legal rules and restrictions to assure the fair competition, i.e. competition without unfairness and negative effect on functionality of the economic competition. The aim of the diploma thesis is to analyse legal penalties of unfair competition especially in Czech legal order by means of interpretation of affected legal provisions together with judicature of the Supreme Court and other courts. First part of the thesis concerns theoretical scope of legal concepts concerning the unfair competition. The second chapter deals with active and passive legitimacy of subjects according to the Commercial Code. Both chapters give the theoretical framework for the whole thesis. The core of the diploma thesis is the third and fourth part, whereas the third part concerns the means of protection against unfair competition which are divided into several groups according to the law in which they are regulated (private law, public law divided into administrative and penal law, European law) and focuses on private law with using rich judicature of Czech courts. The fourth part regards specific procedural institutes that are...
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The concept of an average consumer under Czech and European law
Jedlinský, Jakub ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...
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