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The concept of an average consumer under Czech and European law
Jedlinský, Jakub ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...
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Klamavé označování zboží a služeb v obchodní činnosti
Řeháčková, Veronika
Řeháčková. V. Misleading marking of goods and services in trade business. Bachelor thesis. Brno: Mendel university in Brno, 2017. The bachelor thesis is about unfair competition focused on misleading marking of goods and services. In the literary review is described current law regulation of unfair competiton including the law regulation of EU. In the practic part are analyzed individual cases of misleading marking of goods and services. The thesis contains also suggestions for customers and competitors, how to effectivly defend and prevent against misleading marking. Within the discussion are evaluated detected facts and economic impacts.
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The concept of an average consumer under Czech and European law
Jedlinský, Jakub ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...
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