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Penalising surreptitious advertising by influencers on social networks
Krchovová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Penalising surreptitious advertising by influencers on social networks Abstract This academic paper deals with the trend of influencer advertisement and its regulation in the Czech Republic and the European Union. It also evaluates the effectiveness of enforcement in the Czech Republic and presents three different approaches to enforcement abroad, including Czech and foreign self-regulation. The first section of the paper describes the development of influencer advertisement and the form it takes today, emphasizing the remuneration of influencers. Its most pressing problem is the hidden form of advertising and thus it is considered deceptive advertising. The second part focuses on the current domestic public and private law regulation of advertising as applied in the social networks environment and defines the legal status of the participants. The legal regulation in the Czech Republic is based on the European Union law, and therefore the thesis reflects the key concepts in the light of the Guidance on the interpretation and application of Directive concerning unfair business-to-consumer commercial practices in the internal market. After analysis of the applicable law, the main purpose of the next chapter is to define the difference between an influencer's recommendation and their commercial content,...
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Comparison of the Czech and French regulation of unfair competition and analysis of the relevant French legal terminology with a glossary
ROŽCOVÁ, Petra
The main topic of this bachelor thesis is an unfair competition in Czech Republic and France and an analysis of a corresponding French legal terminology. This thesis is structured into descriptive, comparative and lexical part. The descriptive part contains information about the unfair competition legislation in Czech Republic and France. The next part compares both legislations. The lexical part describes the analyses of corresponding legal terminology and their Czech equivalents. In case of non-existence of the Czech equivalents, possible translation is suggested. This part also includes the French-Czech glossary.
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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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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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Misleading advertising
Vilhelmová, Lucie ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Misleading advertising The topic of this rigorous thesis is "Misleading advertising". The theme of the thesis is current and attractive, because everybody comes across the advertising all the time and thus the advertisement influents each of our lives. One of the motives for writing this rigorous thesis was to mediate understanding of problems concerning with the misleading advertising and the unfair competition. The rigorous thesis is divided into six chapters. The first chapter deals with the economy competition and is an introduction to the misleading advertising. In this chapter, I compare the brief historical excursion law against the unfair competition with the cartel law. The second chapter deals with the unfair competition. In this chapter, I also analyze the general clause of the unfair competition and its three characters and subjects of the unfair competition. The third chapter of the rigorous thesis is called "Advertising" and it is an introduction to the advertising and its legal and non-legal regulation in the Czech Republic and the European Union. The fourth chapter is a pivotal one and it is titled "Misleading advertising". In this chapter, I analyze the characters of the misleading advertising and trying to compare the regulation of the misleading advertising in the Commercial Code and the...
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Selected issues of unfair competition and legal protection against such conduct
Mrzena, Miroslav ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Selected issues of unfair competition and legal protection against such conduct The purpose of my thesis is to analyse one of the most frequent unfair competition practice, the misleading advertising and the possibilities of legal protection against this practice. The thesis is composed of six chapters, each of them dealing with different aspects of unfair competition. The first chapter describes various attempts on the definition of the economic competition and explains the terms as economic aspect and benefit. The legal regulation of the economic competition includes direct and indirect regulation. Indirect regulation is based on exclusion of certain items or goods from the trading and on supervision of another category of items. Direct regulation is devided into antitrust law, that prevents elimination, restriction or another violation of economic competition, and into competition law, that prohibits the competitors from using unfair practices in the battle for customer. In the second chapter the unfair competition, its development and its subjects are covered. One of the most essential elements of an unfair competition, the "general clause" concept, is outlined in this chapter by characterization of its attributes and its relationship to special states of facts of an unfair competition. Certain...
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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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