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Unfair competition (the concept of legal regulation, selected causes)
Nývltová, Petra ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Resumé Unfair Competition (Conception of Legal Regulation, Selected Facts in Issue) Cybersquatting - a term that is often used but less often defined. The purpose of this Thesis is to deal with this phenomenon, to try to define it and mainly to assess applicability of the legal regulation of unfair competition not only to this phenomenon but also to other unfair practices in the field of information technologies connected in some way with domain names. The Thesis has been divided into two basic parts: The first part deals with the conception of the legal regulation of unfair competition in the Czech Republic. Here, the signs of the general clause contained in Section 44(1) of the Commercial Code are discussed in detail and the doctrine of competitive relations that is mostly applied in practice is critically evaluated. The first part of this Thesis also includes a proposal for a solution to overcoming the limits of this doctrine in the form of a two-stage test of practices in commercial intercourse whose part is the proposed conception of the economic conflict of interest which allows the persons involved to take legal actions against those competitors who use unfair practices despite their company's objects being quite different. In this part, the reader can even find some de lege ferenda considerations...
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Unfair competition (the concept of legal regulation, selected causes)
Nývltová, Petra ; Horáček, Vít (referee) ; Horáček, Tomáš (referee)
Resumé Unfair Competition (Conception of Legal Regulation, Selected Facts in Issue) Cybersquatting - a term that is often used but less often defined. The purpose of this Thesis is to deal with this phenomenon, to try to define it and mainly to assess applicability of the legal regulation of unfair competition not only to this phenomenon but also to other unfair practices in the field of information technologies connected in some way with domain names. The Thesis has been divided into two basic parts: The first part deals with the conception of the legal regulation of unfair competition in the Czech Republic. Here, the signs of the general clause contained in Section 44(1) of the Commercial Code are discussed in detail and the doctrine of competitive relations that is mostly applied in practice is critically evaluated. The first part of this Thesis also includes a proposal for a solution to overcoming the limits of this doctrine in the form of a two-stage test of practices in commercial intercourse whose part is the proposed conception of the economic conflict of interest which allows the persons involved to take legal actions against those competitors who use unfair practices despite their company's objects being quite different. In this part, the reader can even find some de lege ferenda considerations...
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Unfair competition (the concept of legal regulation, selected causes)
Nývltová, Petra ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Resumé Unfair Competition (Conception of Legal Regulation, Selected Facts in Issue) Cybersquatting - a term that is often used but less often defined. The purpose of this Thesis is to deal with this phenomenon, to try to define it and mainly to assess applicability of the legal regulation of unfair competition not only to this phenomenon but also to other unfair practices in the field of information technologies connected in some way with domain names. The Thesis has been divided into two basic parts: The first part deals with the conception of the legal regulation of unfair competition in the Czech Republic. Here, the signs of the general clause contained in Section 44(1) of the Commercial Code are discussed in detail and the doctrine of competitive relations that is mostly applied in practice is critically evaluated. The first part of this Thesis also includes a proposal for a solution to overcoming the limits of this doctrine in the form of a two-stage test of practices in commercial intercourse whose part is the proposed conception of the economic conflict of interest which allows the persons involved to take legal actions against those competitors who use unfair practices despite their company's objects being quite different. In this part, the reader can even find some de lege ferenda considerations...
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