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Comparative advertisement - the development of regulation in the Czech legal order
Soukupová, Radka ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
COMPARATIVE ADVERTISEMENT - THE DEVELOPMENT OF REGULATION IN THE CZECH LEGAL ORDER My thesis is aimed particularly to analyse the existing legal regulations on the comparative advertising in the Czech Republic with a view to its comprehensive treatment in the Community law and to summarize the history of the Czech laws not only of the comparative advertising evolution, but also an unfair competition or an unfair advertising in general, as the legislation governing the comparative advertising did not exist until 2001 and particularly the comparative advertising was usually qualified as an unfair competition. The work is divided into seven chapters. First two chapters briefly depict general characteristics of both the economic competition and an unfair competition terms and concepts. The third chapter is devoted to advertising in general. Chapters Four and Five form the core of the thesis. They are dedicated to the phenomenon of the comparative advertising and legislation prevailing in the Czech Republic. In Chapter Four, varying attitudes of different rules of law to comparative advertising are discussed in Section 4.1, and Section 4.2 summarizes the different types of comparative advertising. Section 4.3 is dedicated to the evolution of the legislation on unfair competition or an unfair...
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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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Spanish unfair competition law - comparison with the Czech regulation
Kartner, Martin ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Résumé: The thesis "Spanish law of unfair competition - comparison with the Czech law of unfair competition law" (hereinafter referred to as the "Thesis") is dedicated to the comparison of the Czech and Spanish unfair competition law. The Thesis also deals with the impacts of the law of the European Union on both national regulations. The first part of the Thesis primarily concentrates on the evolution of the law against unfair competition (both generally and on national level) and describes the relations between the law against unfair competition and other related areas of law (such as consumer law, industrial property law and law on protection of the economic competition). The second part of the Thesis contains a detailed comparison of the general clauses of the Czech and Spanish law against unfair competition. Explanation and comparison of the main concepts used by both legal regulations can be found in this part of the Thesis, such as: competitors, clients, consumers, entrepreneurs, acting in economic competition, acting in business relation, good manners, good faith etc. The third part of the Thesis is mainly focused on description and comparison of the particular examples of the unfair competition listed in the acts against unfair competition. The particular examples of the unfair competition are...
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Prohibited comparative advertising
Křenková, Michaela ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Prohibited comparative advertising The Diploma thesis, Prohibited comparative advertising, deals with prohibited comparative advertising according to Czech legislation and legislation of the European Union. The aim of the thesis is primarily to deal with what makes comparative advertising unlawful. The diploma thesis is divided into four chapters: terminology, development of the legislation in the Czech Republic, comparative advertising legislation in the Czech Republic and the EU legislation, and self regulation of advertising. The attitude of the society to advertising as such has been developing as well as the attitude of the society to the comparative advertising. The legal regulation of unfair competition in the Czech Republic has its origins in the Austro-Hungarian monarchy. After the First World War, the newly created state of the Czechoslovak Republic, became a member state of the Paris Convention for the Protection of Industrial Property. Thus, it bound itself to ensure appropriate legal remedies for nationals of other countries in the Union to suppress unfair competition. Based on this commitment, the Act on Protection Against Unfair Competition, which is the inspiration for the currently valid legislation on unfair competition, was adopted. The legal regulation of comparative advertising...
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Regulation of advertisements in pharmaceutical industry
Metelka, Jan ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Abstract, Jan Metelka The main aim of this diploma thesis was to firstly explain the field of human pharmaceuticals and regulation of advertisement regarding them, from the general point of view and then in details. In order to achieve this it was required to define advertisement and pharmaceuticals because these terms and crucial for the whole thesis. Both definitions may be off the scope of this text however it plays an important role in understanding all necessary issues. Advertisements in pharmaceutical industry have some specifics as described in chapter 2. There are two kinds of recipients - experts (doctors and pharmacists) and ordinary people (mostly patients). Every kind is special and regulated in a different way. Third chapter described all steps in administrative proceedings related to Act on Advertisement, forming a public branch of law against unfair competition. It summarises and divides all misdemeanours, statistically describes how often they occur and deeply analyses possible breaches of Act on Advertisement. The main part of this thesis is Chapter seven, dealing with unfair competition in private law, as mentioned in early chapters, however here it is specifically described how to apply the general clause and the more important kinds of unfair competition such as deceptive adverts and...
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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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