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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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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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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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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
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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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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