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Ochrana podnikatele před nekalosoutěžním jednáním konkurence v obchodní činnosti
Bílková, Kristýna
This thesis deals with the protection of entrepreneurs against unfair competition actions in the business activity. It is divided into two parts - a review of literature and one's own work. The theoretical part explains concepts such as competition, unfair competition, general clause and individual facts of unfair competition are defined as well. Further, it discusses the legal and illegal protection of business with regards to the legal and illegal means of protection. The practical part pre-sents the selected cases of unfair competition. In conclusion, there are recommen-dations for businesses.
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Comparative advertisement - the development of regulation in the Czech legal order
Soukupová, Radka ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
COMPARATIVE ADVERTISEMENT - THE DEVELOPMENT OF REGULATION IN THE CZECH LEGAL ORDER My thesis is aimed particularly to analyse the existing legal regulations on the comparative advertising in the Czech Republic with a view to its comprehensive treatment in the Community law and to summarize the history of the Czech laws not only of the comparative advertising evolution, but also an unfair competition or an unfair advertising in general, as the legislation governing the comparative advertising did not exist until 2001 and particularly the comparative advertising was usually qualified as an unfair competition. The work is divided into seven chapters. First two chapters briefly depict general characteristics of both the economic competition and an unfair competition terms and concepts. The third chapter is devoted to advertising in general. Chapters Four and Five form the core of the thesis. They are dedicated to the phenomenon of the comparative advertising and legislation prevailing in the Czech Republic. In Chapter Four, varying attitudes of different rules of law to comparative advertising are discussed in Section 4.1, and Section 4.2 summarizes the different types of comparative advertising. Section 4.3 is dedicated to the evolution of the legislation on unfair competition or an unfair...
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Unfair competition - False advertising
Kakáčková, Tereza ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee)
This bachelor's thesis deals with the definition of unfair competition, and also false advertising. The work is divided into two parts. In the general section summarizes the basic concepts related to economic competition, unfair competition, advertising and false advertising. Information for this section was drawn primarily from the Czech legislation and literary sources. A special section is processed on the basis of the research. The aim of research was to determine the relationship of Czech consumers to advertising in general and the qualitative analysis discovers opinions on specific examples of advertisings.
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Prohibited comparative advertising
Křenková, Michaela ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Prohibited comparative advertising The Diploma thesis, Prohibited comparative advertising, deals with prohibited comparative advertising according to Czech legislation and legislation of the European Union. The aim of the thesis is primarily to deal with what makes comparative advertising unlawful. The diploma thesis is divided into four chapters: terminology, development of the legislation in the Czech Republic, comparative advertising legislation in the Czech Republic and the EU legislation, and self regulation of advertising. The attitude of the society to advertising as such has been developing as well as the attitude of the society to the comparative advertising. The legal regulation of unfair competition in the Czech Republic has its origins in the Austro-Hungarian monarchy. After the First World War, the newly created state of the Czechoslovak Republic, became a member state of the Paris Convention for the Protection of Industrial Property. Thus, it bound itself to ensure appropriate legal remedies for nationals of other countries in the Union to suppress unfair competition. Based on this commitment, the Act on Protection Against Unfair Competition, which is the inspiration for the currently valid legislation on unfair competition, was adopted. The legal regulation of comparative advertising...
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Deceptive Advertising and Analysis of Its Effect on Consumers
Barvínek, Jakub ; Pešek, Ondřej (advisor) ; Havránek, Petr (referee)
This bachelor thesis deals with deceptive advertising and its effect on consumers. The first part of this thesis describes deceptive advertising as a part of unfair competition, definitions, psychology of advertising and means to influence consumer's decisions. In the practical part the specific cases of deception in advertising are identified, including their demonstrations on examples. The following chapters contain the evaluation of the survey to determine consumer awareness of deceptive advertising, consumer's manipulability and their attitudes towards advertising. The conclusion summarizes the objectives of this bachelor thesis, there are also suggested other possibilities of further investigation and it describes the contribution of this thesis.
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Economic and legal aspects of brand
Kazdová, Hana ; Horová, Olga (advisor) ; Štědroň, Bohumír (referee)
The Bachelor's thesis deals with brands and is mainly focused on the estimation of their value. The purpose of the thesis is to achieve three main goals in the chapters following an introductory theoretical-methodological part. First goal is to perform an analysis of legal protection of brands in the Czech Republic. The analysis shows that all various kind of brands are protected by Czech law mainly by four institutes of private law - trademarks, business firms, protection of personality and unfair competition. The remaining goals are to estimate the value of two formerly used brads Enron and WorldCom to year 2000 and suggest a method, which would be able to calculate the decrease in their value during the consequent years. Both brands are valuated with the help of relief from royalty method and the results signify that both brands used to have an exceptional value. The thesis also suggests using a crude death rate of population to calculate the decrease in brands' value after the termination of their usage and illustrates the decrease in the value of Enron and WorldCom since 2000 to 2025.
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Regulation of retailer-supplier relatiohships within the food chain
Mokrejšová, Veronika ; Zadražilová, Dana (advisor) ; Klosová, Anna (referee) ; Zeman, Jiří (referee) ; Vyhnálek, Petr (referee)
This thesis deals with retailer-supplier relationships within the food chain, and with possibilities of their regulation. The aim is to assess the effect of regulation of retailer-supplier relationship, through "Act on Significant Market Power and Abuse thereof" on particular food chain members, and eventually to propose an alternative solution of their regulation. The thesis states the following hypothesis: The Act on Significant Market Power does not change bargaining power between suppliers and retailers. The thesis is divided into five parts. The first of those defines the issue of retailer-supplier relationship, especially the so called "unfair practices". The mind-set of the European Commission which judges the unfairness of a practice, according to its impact on consumer, investment and competition is stressed. When comparing market shares and profit abilities, it is obvious that supplier sector is not disadvantaged in relation to retailing, however, there are cases of small and medium enterprises over which retailers can impose their bargaining power. Retroactive changes and excessive risk transfer on a business partner are then indicated as unfair, which is confirmed by microeconomic analysis. The second part maps means of regulation, through hard and soft law in the EU and its member states with focus on the Czech Republic, where the Act No. 395/2009 Coll., on Significant Market Power in the Sale of Agricultural and Food Products and Abuse thereof is applied. It is found that regulation within the EU is heterogeneous and the results of different regulatory mechanism in different countries differ. The third part talks about self-regulatory possibilities constituted by corporate social responsibility. The main solution of retailer-supplier relationships is represented by stakeholder dialogue, in which contractual parties look for the basis of their antagonistic positions (which are hidden in their interests and needs), and try to identify mutual needs and to create shared value. This approach increases the created value, which is advantageous for both partners, instead of redistributing the value to the benefit of the stronger partner. The fourth part presents the results of a survey conducted among retailers, retailer suppliers and farmers, their opinions about the Act on Significant Market Power, about changes caused by this Act and about particular unfair practices. It was realised that the Act does not help the suppliers very much, in that the bargaining position was improved only with a tiny part of the respondents, and the Act even did not fulfil the role of small and medium sized enterprises protection. The everyday practice of retailer-supplier relationships remains (after changing few legal formulations in the contracts) almost the same as it was before the Act came into force. The only considerable change is shortening the payment period to 30 days; however, there are suppliers that are not content about this provision. The farmers do not feel any consequences of the Act; retailers regard it as business barrier and excessive regulation. Thus, this part confirms the hypothesis. The final part of the thesis proposes a solution to this issue by engaging many stakeholders: the business partners (self-regulation), the State (regulation through general universal act), consumers, non-governmental organisations and media (generating demand for responsible behaviour of firms).
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Selected aspects of the retail supplier-purchaser relations
Vejnarová, Alena ; Drozen, František (advisor) ; Šípek, Ladislav (referee)
The Diploma thesis ,Selected aspects of the retail supplier-purchaser relations' defines British grocery retailing. It presents government bodies which regulate retail industry and important independent not-for-profit organizations which have a strong influence on the market situation. It introduces the reader into legislation which regulates supplier-purchaser relations, particularly the Supermarket Code of Practice and its revised version the Groceries Supply Code of Practice. The analytical part examines the British market at the macroeconomical level, outlines the grocery retailing structure, describes the supply chain, customer behaviour, points out certain pricing and product policy trends and presents subjects which are bonded by the provisions set out in the Groceries Supply Code of Practice. The findings on local market competition and barriers which prevent the entry by a competitor are of a high significance as well. Despite the introduction of legal regulation the supplier-purchaser relations remain unequal and unfair. The thesis proposes a forecast of possible future grocery market development in the United Kingdom.
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Possible means of legal protection for computer programs and perspectives of future development
Toufar, Pavel ; Bruckner, Tomáš (advisor) ; Čerych, Ondřej (referee)
This theses focuses on the possible legal protection of a computer program as well as on the legal nature of computer program as an intangible asset. Both copyright protection (as a standard and worldwide accepted means of protection) and also the other possibilities, i.e. patent protection and protection based on provisions regulating an unfair competition are discussed. Each means of protection is assessed based on its usability in relation with the computer program taking the overall impact on the information technology branch as such into account. Furthermore, this theses involves critical evaluation regarding the capability of traditional model of distribution and protection of computer programs to face the rapid technological development in the digital era. With respect to this fact some alternative models (SaaS, Free Software) are cited and an analysis of their practical applicability and perspectives of the future development is conducted
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