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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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Specific aspects of internet advertising from the perspective of the law against unfair competition
Ilichman, Dominik ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
Online Advertising Specifics with regards to Unfair Competition Law Abstract This thesis analyses advertising which is strictly connected to the internet environment with regards to the unfair competition law. The importance of unfair competition regulations in the dynamic internet environment is emphasized by presenting the most problematic areas of online advertising. The great flexibility of the general clause is often the only possible way how to prosecute the new methods of online advertising. Due to the insufficient development of the Czech jurisprudence in online advertising, there are judgments of the European Court of Justice and the judgments from other member states presented in this thesis. There are detailed analyses of six different advertising practices - keywords abuse, metatags abuse, linking, fake online reviews, advertisements on online platforms, and ad blocking software. The main goal of the paper is to draw the limits of these six advertising practices by analysing and comparing various fact patterns in foreign judgments. Some of the judgments presented in the thesis are introduced in the Czech legal environment for the first time. Furthermore, the thesis focuses on the specifics which distinguish online advertising from the traditional ones. The specific characteristics of internet...
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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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Skrytá reklama a product placement v českých mediích.
Růžičková, Šárka ; Zeman, Jiří (advisor) ; Filipová, Alena (referee)
This bachelor work pursues the hidden advertisment and mainly Product Placement. The work will make us acquainted with terms of hidden advertisment, product placement and it's positioning in the marketing communication. Theoretical part targets on definition of terminology like advertisement, hiden advertisement, product placement and legal regulations. The work deal with the analyses, the impact of the legalization of product placement in Czech media after receiving the direction of EP and Counsel 2007/65/ES and at the end it assess whether Product placement to ban or to allow in television programmes.
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