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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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Competition Law in Russian Federation
Levý, Jan ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The thesis deals with competition law (law on unlawful restriction of competition as well as unfair competition) in Russian Federation, it particularly compares Russian and Czech law. Its content is first a brief introduction to Russian competition law, sources of law etc. Next chapters are devoted to basic concepts of this branch of law. Law about abuse of dominant position, cartels, control of mergers, and unfair competition has been analysed. The last chapter deals with the supervision in the disucussed area.
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Problems of advertising in business and ecomonic competition within the frame of European Union
KUPSOVÁ, Jitka
Objectives of this thesis is concentrate on problems of advertising in business and economic competition within the frame of EU. Thesis analyse advertising as such. In this thesis, there is a description of notion advertising, history of advertising, functions, objectives{\dots}etc. Consenquently there is a description of medium for advertising. In Czech republic, the advertising is legally regulate by public law and by private law. At the same time, it use also nonlegal instruments for regulation. It is self-regulation by the help of Ethics code. Ethics code is published by RPR (Rada pro reklamu). It watch over ethics and mind of advertising. Unfair competition is behaviour in economic competition, which is in violation of good manners and is qualified to evocate injury of others competitors or consumer. Unfair competition is for example false advertising, embracery, impeachment{\dots}etc. Economic competition is regulate and controlled by ÚOHS (Úřad pro ochranu hospodářské soutěže). It create condititons for subvention and protection. Competition law is used in case of violation against conditions of economic competition. It is for example abuse of dominant position, association of competitors or forbidden agreements. Within the frame of law, it exists sanctions for protections againts infringement of economic competition and unfair competititon. Concerning advertising in the European Union, it is analogous to advertising in Czech republic. For regulation, there is many EC directives regulating advertising.
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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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Delusive Advertisement in Unfair Competition
Vazanová, Zuzana ; Hejda, Jan (advisor) ; Přibyl, Karel (referee)
Objective of this article is to define and set bounds of the economic competition in the area of business law. Cummulate knowledge of unfair actions used in advertisement that may influence customer. Definition of protective tools against unfair competition with concentration on customers. The article includes also real examples used in practice.
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Aggressive commercial practicies
Tomanová, Magdaléna ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
Diploma thesis evaluates the effectiveness of legal instruments to prevent the use of aggressive commercial practices. Thesis is divided into two main chapters, the first is the protection against aggressive commercial practices in business to consumer market and the second part is dedicated to the protection against aggressive practices in the business to business market. Each section compares the European protection of aggressive commercial practices (and also through European legislation implemented in Czech law) with the protection of those practices in U.S. law. The first part of thesis deals with the protection of consumers against aggressive commercial practices. In European law it mainly regulated by Directive on unfair commercial practices. The Directive is implemented in Czech Republic in mainly in Consumer Protection Code and in the Advertising Code. Private protection against aggressive commercial practices is embodied in provision of unfair competition of the Commercial Code. Protection of personality, privacy and personal data is another form of protection against aggressive practices. In U.S. law, public consumer protection is represented by Federal Trade Commission. In private law, consumers seek redress in court through actions for torts. In relations between competitors is the protection against aggressive commercial practices regulated by unfair competition and by antirust law. Antitrust law in European Union is represented by 81 and 82 of the EC Treaty. Unfair Competition Law in the U.S. in the B2B market is the part of business torts. Antitrust law is represented by Federal Trade Commission and the Ministry of Justice. The last part of Diploma Thesis is concerned with aggressive commercial practices that very often are accompanying the offers in time-sharing field and with children aggressive commercials, as a example of aggressive commercial practices in practice.
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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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Selected cases of unfair competition according to the general clause
Jakubíčková, Věra ; Boháček, Martin (advisor) ; Cupka, Josef (referee)
The thesis deals with the most common cases of unfair competition punishable under general clause, such as "snowball", botheration of consumer, unfair advertising, exploitation of feelings, etc. There is also outlined the development of the law against unfair competition, the subjects of unfair competition and the crucial term "general clause". The following chapters are concerned with the European Unfair Practises Directive and legal means of protection against unfair competition. The last chapter deals with the upcoming new Civil Code and its regulation of the law against unfair competition. It also includes suggestions de lege ferenda.
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The role of big companies in the economy
Ščamburová, Mária ; Zemplinerová, Alena (advisor) ; Antoš, Ondřej (referee)
Abstract The thesis is trying to find out if Czech republic disposes really big companies in the manufacturing industry and analyze attitude of czech government towards important companies. Situation in Czech republic compares with Finland and Slovakia. Theoretical part describes certain types of market structures and their effect to competition. Reports competition concepts by chosen economic schools as well as antitrust policy and unfair competition. In the end it shows company types by size and interest groups that are connected not only with big companies. Analytical part research market concentration in czech manufacturing industry with special focus on market concentration -- company size relationship. Following part compares world largest companies with biggest czech, slovak and finnish ones. Last part points government attitude towards big companies by examples Škoda Auto, a.s., ČEZ, a.s., Slovenský plynárenský priemysel, a.s. and Nokia.
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Nekalá soutěž v právu Evropské unie
Čillíková, Dana ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee)
Práce je věnovaná vývoji a obsahu práva nekalé soutěže v Evropské unii se zaměřením na nejnovější vývoj a judikaturu. Právo nekalé soutěže je upraveno především směrnicemi, tedy sekundárním právem, a dotváří jej judikatura Evropského soudního dvora. V práci je zahrnut výklad směrnic a judikátů k jednotlivým skutkovým podstatám nekalé soutěže a stručné srovnání právní úpravy v některých členských státech.
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