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A comparison of Czech and German legal regulation of unfair competition with regard to european law
Vacková, Linda ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The topic of this diploma thesis is legal regulation of unfair competition law, namely comparing Czech and German law in reference to EU law. Unfair competition law, one of the two branches of competition law (economic competition law), is a body of law prohibiting particular conducts in economic competition and setting out sanctions for a violation of these prohibitions. The central term of the entire thesis - unfair competition contains those cases in which someone abuses and deforms competitive environment in an unfair way. Unfair competition may be defined as a competition which someone spoils, hides something, or behaves in a dishonest, immoral, or unsatisfactory manner. This thesis is divided into four chapters. In the first chapter the purpose of this thesis, a reason of having regulation of competition law as well as legal terms and definitions are laid down. The terms of competition in general, economic competition, competition law, and unfair competition are introduced. Furthermore, the second chapter is to present relevant legal sources of unfair competition law. It deals with constitutional bases, primary legislation, and EU law. The topic of the third chapter aims to introduce a vertical and horizontal competitive relationship. It is set out the meaning of legal persons which...
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Unfair advertising
Foltínová, Ľubica ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The subject of my doctoral thesis is the analysis of the judicial treatment of unfair advertising. The aim of the thesis is to offer a systematic outlook on the legal environment of advertising from a private and a public law perspective. The legal definition of advertising is given in the Advertising Regulation Act, which can be regarded as the most important public act governing unfair advertising and in the Act on the Operation of Radio and Television Broadcasting, which regulates advertising in television, radio and internet broadcasting. All these definitions belong to the public law area. On the other hand, the definition of unfairness can be found in a private law act, namely in the Commercial Code (Act No.513/1991 Coll.). The unfairness of competition (indirectly of unfair advertising as well) is defined with a general clause against unfair competition. As a result of these definitions, unfair advertising could be understood as the activity, which fulfils the legal definition of advertising and at the same time fulfils the general clause against unfair competition. The thesis consists of three extensive chapters. The first chapter describes the history of unfair advertising and the current legal regulation of this subject from an international, a European and a national perspective. This...
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A comparison of Czech and German legal regulation of unfair competition with regard to european law
Vacková, Linda ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The topic of this diploma thesis is legal regulation of unfair competition law, namely comparing Czech and German law in reference to EU law. Unfair competition law, one of the two branches of competition law (economic competition law), is a body of law prohibiting particular conducts in economic competition and setting out sanctions for a violation of these prohibitions. The central term of the entire thesis - unfair competition contains those cases in which someone abuses and deforms competitive environment in an unfair way. Unfair competition may be defined as a competition which someone spoils, hides something, or behaves in a dishonest, immoral, or unsatisfactory manner. This thesis is divided into four chapters. In the first chapter the purpose of this thesis, a reason of having regulation of competition law as well as legal terms and definitions are laid down. The terms of competition in general, economic competition, competition law, and unfair competition are introduced. Furthermore, the second chapter is to present relevant legal sources of unfair competition law. It deals with constitutional bases, primary legislation, and EU law. The topic of the third chapter aims to introduce a vertical and horizontal competitive relationship. It is set out the meaning of legal persons which...
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General Clause of Unfair Competition in Czech-Slovak Comparative View
Kapel, Ján ; Černá, Stanislava (advisor) ; Tomsa, Miloš (referee)
NÁZOV PRÁCE V ANGLICKOM JAZYKU General Clause of Unfair Competition in Czech-Slovak Comparative View ABSTRACT The main purpose of this thesis is to analyse and to deal with the Section 44 (1) Act No. 513/1991 Coll, Commercial Code, as amended. This provision stipulates the general clause of unfair competition, which consists of three conditions. These have to be fulfilled cumulatively to classify some conduct as unfair. Simultaneously, analyzing the conditions of general clause, we want to point out at the differences between legal regulation according to the czech Commercial Code and the Commercial Code of the Slovak Republic and compare them reciprocally. Thesis consists of six chapters. Chapter One deals with development of the unfair competition law in Europe, but particularly also on the territory of the Czech Republic and Slovak Republic. In this chapter we deal also with the Act against the unfair competition of the first Czechoslovak Republic. Second chapter offers the general information on the general clause, its function and its relation to the special subject matters of unfair competition. A component part of this chapter is an analysis of the relation of the prohibition of unfair competition to the special subject matters from the view of theory of law and the legislative technique. In the...
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Unfair advertising
Foltínová, Ľubica ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The subject of my doctoral thesis is the analysis of the judicial treatment of unfair advertising. The aim of the thesis is to offer a systematic outlook on the legal environment of advertising from a private and a public law perspective. The legal definition of advertising is given in the Advertising Regulation Act, which can be regarded as the most important public act governing unfair advertising and in the Act on the Operation of Radio and Television Broadcasting, which regulates advertising in television, radio and internet broadcasting. All these definitions belong to the public law area. On the other hand, the definition of unfairness can be found in a private law act, namely in the Commercial Code (Act No.513/1991 Coll.). The unfairness of competition (indirectly of unfair advertising as well) is defined with a general clause against unfair competition. As a result of these definitions, unfair advertising could be understood as the activity, which fulfils the legal definition of advertising and at the same time fulfils the general clause against unfair competition. The thesis consists of three extensive chapters. The first chapter describes the history of unfair advertising and the current legal regulation of this subject from an international, a European and a national perspective. This...
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Guerilla marketing and its legal and advertising aspects
Nosková, Zuzana ; Boháček, Martin (advisor) ; Postler, Milan (referee)
The theme of this thesis is "Guerilla marketing and its legal and advertising aspects". Guerilla marketing is a type of marketing tool used for nontraditional, innovative and sometimes shocking advertising campaigns. This thesis contains an analysis of the legal environment regulating this subject. Legal regulation of advertisement in the Czech Republic is a part of both the public and private law regulation. As a part of the thesis a questionnaire survey among the general public was carried out, the public was questioned about knowledge of the concept of guerilla marketing. Another part of the survey was carried out among professionals from communication agencies, their views of the current situation on the advertising market have been compiled. The practical part is concluded by a comparison of the Czech legislation with the legal regulation of advertising in American law.
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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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