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Product placement and its legal aspects
Korčeková, Andrea ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
The thesis deals with analysis of legal aspects of product placement. First, it looks at product placement from a general point of view. The work explains past legal framework where product placement was a part of "unfair competition" both in EU and Czech Republic. Then, it analyzes particular articles of directive 2007/65/EC which regulates the term product placement as the first in the history. The analyses showed that there are a lot of vague and disputable terms, e. g. "significant value", provision "free of charge", or ensuring that viewers are "clearly informed" about existence of product placement. Further, the work analyzes an implementation of the directive to the czech law and its comparison with Slovakia. Product placement was translated into czech law as "umístění produktu". The implementation is reflected in the "on-demand audiovisual media services Act" but also in the amendment of Act Nr. 231/2001 Sb. By contrast, Slovakia did not create a new special Act for non-linear audiovisual media services, just amended Act Nr. 308/2000 Z.z. and some other affecting laws. Finally, the work confronts the legal theory with praxis. This is done by a survey. The most important result of the survey showed that almost a half of the respondents think that product placement is not a commercial practice. This fact highlights the importance of ensuring that viewers are "clearly informed" about the existence of product placement and also the provision of consumer protection.
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Private international law in a comparative perspective: the determination of governing law for non-contractual relations in the law of the CR and the USA
Kadlecová, Kristýna ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
1 English Summary The aim of this thesis is to compare the determination of law applicable to non- contractual obligations in the Czech Republic and the United States of America. In the beginning I provide a brief overview of the international private law in general and then the substantial law of torts in both Czech Republic and the USA and the prospective changes in the new Civil Code which should be applicapble from 2014. The fifth chapter concerns with the law applicable to non-contractual obligations in the Czech Republic. In the first place there is a statute (Private International Law Act), but the majority of its provisions were overruled by the Rome II regulation, which unifies the privite international law of the EU states. According to the regulation, general rule for the law applicable to non-contractual obligation arising out of torts is lex loci delicti (the law of the country in which the dammage occurs). Rome II then provides special rules for product liability, unfair competition, environmental dammage, etc. In the Czech Republic the regulation does not apply to traffic accidents because the Czech Republic is a contracting state to Hague Convention on the Law Applicable to Traffic Accidents. The sixth chapter focuses on the law applicable to torts in the USA. The first subchapter deals with...
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Regulation of business-to-business unfair traiding practices in the retail supply chain
Šidlovská, Liana ; Zeman, Jiří (advisor) ; Filipová, Alena (referee)
Diploma thesis reviews the position of the European Union to regulate the business-to-business relations in the retail supply chain and sums up the view of parliamentary political parties in the Czech Republic on the regulation of unfair trading practices in the business-to-business relations. The first chapter defines the behavior of firms in the market structures of perfect and imperfect competition, and specifies the microeconomic effects of economic policy. The second chapter describes the development of retail sector, forms of unfair trading practices, and approaches to solving the problem of unfair trade practices in the Czech Republic and in the European Union. The third chapter presents opinions of political parties in the Czech Republic to regulate the unfair trading practices in the retail supply chain.
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Comparative advertisemenet - the development of its regulation in Czech law
Šmukařová, Kateřina ; Eichlerová, Kateřina (referee) ; Horáček, Vít (advisor)
Resumé The aim of the thesis "Comparative advertising - the development of its regulation in Czech law" is to analyze the development of comparative advertising in the Czech legislation, to make a comparison with the EU legislation and to examine development trends in comparative advertising. The thesis is divided into four key parts. First part discusses general issues of comparative advertising, ways of comparison in advertising, understanding of comparative advertising in the past and general regulation of advertising. Second part of the thesis analyses development trends in the Czech regulation of comparative advertising. This part analyzes two key phases - understanding of comparative advertising before and after accepting the amendment of the Commercial Code (1st January 2001) that introduced explicit regulation of comparative advertising. The thesis evaluates compatibility of conditions of permeability in the Commercial Code to the ones in the EU directive, assesses strictness of the conditions and examines the relationship of comparative advertising to other explicitly regulated types of the unfair competition in the Commercial Code. In relation to the requirement of the single regulation of the comparative advertising in the EU it is possible to evaluate the regulation in the Commercial Code -...
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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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The application of copyright in film production
David, Ivan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The Application of Copyright in the Film Production (Abstract) This diploma thesis on a general basis describes and analyses the application of copyright in the film production. Because the copyright regulating the relationships coming from the process of production and exploitation of audiovisual work is the part of a broader group of norms comprised within the transbranchial "film law", this paper also indicates what other legal enactments - of civil law as well as of public law origin - have to be respected in the film production. The first part of the paper specify the basic terms and concepts which could be found in the film law as well as in the practical film production itself governed by this law. First of all, the paper defines the main areas of the film law, meaning copyright and its neighbouring rights, unfair competition law, media law, advertising law and protection of personality rights. Further on, it is specified what could be understood in legal theory by terms film, film work, audiovisual work, cinematographic work and underlying work. Next, the paper briefly explains the process of film production, its function, stages and forms, as well as the following process of the film distribution. Finally, this part of the paper defines and explains the main professions which are to be found within...
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Illigal use of trademark
Pásková, Hana ; Boháček, Martin (advisor) ; Čada, Karel (referee)
The topic of this thesis is the problem of trademark infringement examined in the context of the development of legal jurisdiction. This also includes aspects of unfair competition, and in most of the cases a couple of factors are involved.I use Czechoslovakian, Czech, as well as some European court verdicts in relation to different legal regulations.
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Legal protection of logo in a view of Copyright Act and Trade Mark Act
Krbová, Lucie ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
In this thesis I explain the problematic situation presented by the legal protection of logos in the Czech Republic. I chose this topic because logos are a daily part of everyones' lives helping us make important every day decisions. Yet logo is not a legal term and sometimes it can be difficult to define what logo actually is. This doesn't mean to say that logos do not have legal protection. It always depends on the definition of logo. Usually a logo enjoys the same rights as the brand it represents giving it equal protecton under the law. In many cases logos are a registered trademark giving it full protection under the trademark act. Even unregistered logos enjoy some of the same protections afforded to registered logos and it may be additionally protected by unfair competition laws. Often logos are the work of a single artist and therefore covered by the copyright act. In the opening of the thesis I wrote about the legal protection of logos in view of the copyright act and explained the requirements a logo must meet to qualify for protection under this act. Thustly explaining the rights possessed by the author of the logo, the process of transfering those rights to another person, and finally what measures the author can take to defend his rights. Next, I desribed logo in the terms of a...
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Mark of origin Product and Consumer Protection
Mžourek, Martin ; Hejda, Jan (advisor) ; Novotná, Eliška (referee)
1. The aim of the work is the analysis of consumer protection in the food industry with a focus on the new rules of product labelling according to the new law on food labelling. Work involves evaluation of current laws and organizations which are relevant to the product labelling. In case of an inconsistency, a solution is proposed which leads to improvement and simplification of the customer orientation when buying goods. 2. Part of the study is a further explanation of basic concepts, rights and obligations under the new legislation and the evaluation of these new provisions from the consumer's point of view. At the same time examples will be given when there is a violation of these rules. 3. The subject of the study is mainly to analyse the current problems relating to the product labelling in order to identify the origin and contents of the product following the new legislation. There will also be shown examples of unfair competition as part of the study. 4. The study also aims to identify what can the customer can demand from the food labelling and to inform about the organizations used for consumer protection.
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Defence against trade mark piracy
Kutková, Petra ; Boháček, Martin (advisor) ; Čada, Karel (referee)
The aim of the thesis is to analyse different instruments of defence against trade mark piracy. The thesis composes of seven chapters. Chapter One is introductory and defines basic terminology used in the thesis: trade mark, community trade mark, registration of the trade mark by the Industrial Property Office, etc. Chapter Two focuses on the term "trade mark piracy". It divides defence against it into two different means -- dispute proceedings by the Industrial Property Office and judicial instruments. Chapter Three concentrates on comments on the ineligibility for enrolment of the trade mark designation and reasons for taking these comments. The chapter Four analyzes different types of the proposal for the revocation of the trade mark -- nonusage and using the trade mark in conflict with the unfair competition regulation. The chapter Five looks at the declaration of already-registered trade marks as invalid. Different reasons for taking a proposal of declaration are examined there. The chapter Six describes different types of appeals against decisions of the Industrial Property Office. The last chapter summarizes results of the questionary about use of the instruments against trade mark piracy.
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