The diploma thesis concentrates on the topic of trademarks in the context of the economic competition. The first part of the thesis is devoted to the general perspective on the trademarks and to the national and international legislation regulating the usage of trademarks. The second part of the thesis analyses the function and usage the trademarks in the context of the economic competition. The thesis is divided into 6 chapters. The first chapter focuses on the definition of the institute of a trademark and on its position in the system of intellectual property law. In addition, it provides an insight into the primary sources related to trademarks including the legislative norms and case-law. Moreover, the first chapter contains also a typological and functional classification of the trademarks and outlines the absolute and relative reasons for refusal to register a trademark and therefore for the denial to provide legal protection of this institute. The conclusion of the chapter is devoted to the various forms of expiry of the trademarks such as cancellation or expiration. Chapter two concentrates on the impact of the legal institute of a trademark. In particular, it focuses on the rights and duties of the owner of a trademark including the limitations of the intellectual property law imbued in a...

Sports used to be the only way to enjoy oneself and to spend free time. Today it rather represents business and an important part of all economies around the world. That is why the European community law includes the sports indirectly in three areas: - the community market of the European union, - the economic competition of the EU, - coordinated policies of the EU. The key role of the entire diploma thesis plays the decision of the European Court in the case Bosman in 1995.

State aid is the government intervention, which affects the economic competition because of the preference of certain market subjects. The European Union has concluded that if there exists any violation of competition in the international scale, it would be the reason for constitution of supranational regulation of its providing. The economic policy of subsidizing of chosen market subjects could be in principle taken into account as the subset of the industrial economic policy. Through it, the governments fulfill their miscellaneous structural intentions, from aborning industries helping till the declining industries saving. However, this type of the economic policy seems to be contrary to the protection of the economic competition, which has been declared as the one of key segments of the economic policy of the European Union. Selective privileges constitute anti-competition policy, so thus has been their control incorporated within the policy of the protection of competition. During the reviewing of the legality of provided state aid, we could see that the authorities prefer simpler, just legal review of the problem instead of the deeper economic testing of the given case. And that is the reason (together with the high recency of the theme), why this dissertation aims the generally neglected, economical aspect of the problem. I.a. it concentrates itself on the sight from the perspective of the Public Choice economic theory, which studies the interrelationship between the worlds of politics and economics. This important relation could not be marginalized and during the research work abstracted. Logical structure of exposed dissertation follows: first ordinary chapter focuses on the theoretical concepts of the state aids. It regards chosen questions from the point of view of different streams of the economic thoughts. It devotes itself especially to the effects of the state aids on the economy from the light of macroeconomics, microeconomics and international economics. It contains also conclusions of some empirical analyses. Next chapter focuses on the legal environment of the branch of subsidizing. Primary it contains communitary regulations of the European Union, secondary the list of legislation relevant for the Czech Republic and within the World Trade Organization, which has constituted unique system of countervailing measures. Next part of the dissertation maps different possibilities of measurement of the extent of granted state aids. With the stipulation of calculation difficulty and resulting lower ability of comparability, it uses subsequently four sources of data. One part of the dissertation is especially devoted to the analytical statistical system of the European Union, which is called the Scoreboard. First, there is characterized its methodology, and further, there is -- with the use of this database -- analyzed the structure of state aid granting within the area of the European Union. Its development is compared with the aim of the Lisbon strategy from the year of 2000. Last ordinary chapter represents the attempt -- on the base of the enterprise data -- to elementary research of the existence of the link between state aid and final market. Analysis could be characterized as the contribution to the -- yet more likely occasionally -- research of the effects of subsidizing within the context of competitiveness of target industry. Tested hypotheses are: larger industries receive more subsidies and industries receiving subsidies do not improve their competitiveness. For the case study has been the combination of four data sources used. The goal of this dissertation is the description of the questions of state aid provision from the highest possible number of different points of view, of course with the accent on the economics and with the stipulation of constraint of (un)availability of relevant data. In the end of the dissertation there are submitted some practical economic policy suggestions. During its elaboration there was wide variety of specialized literature used and great number of relevant thought and data sources processed, after all as the enclosed list at the very end of this thesis could show. The value added of exposed dissertation and its contribution to the existing research of chosen theme is namely the complexity of analysis, the compilation of previously developed knowledge, and also empirical findings.

Diss. (sammanfattning) Uppsala : Sveriges lantbruksuniversitet, 2008. / Härtill 4 uppsatser.

This dissertation examines various internal factors within a county and external factors outside the county that influence policy adoption. Particular attention is given to external factors, or the possible ways that counties respond to the policies of their neighbors. This study focuses on the multiple external processes involved that contribute to policy adoption. These include policy diffusion, lagged diffusion, and conditional diffusion. These processes are used to test hypotheses that will better explain how counties react to their neighbors' policy adoptions. Unlike most studies that examine only one process, multiple processes are tested to determine if they vary across different policies. This study explores Tax Incremental Financing districts, smoking bans, and the sales tax rates of counties in the state of Missouri. Missouri is politically, economically, and demographically similar to other states, therefore making it a sufficient case for this study. I find that different processes are involved in policy adoption, and that counties mainly react to one another through economic competition. I also find that certain county-level characteristics influence a county's likelihood of adopting policies. These findings will enable scholars to better determine the multiple processes involved in county policy adoption.

The thesis deals with the most common cases of unfair competition punishable under general clause, such as "snowball", botheration of consumer, unfair advertising, exploitation of feelings, etc. There is also outlined the development of the law against unfair competition, the subjects of unfair competition and the crucial term "general clause". The following chapters are concerned with the European Unfair Practises Directive and legal means of protection against unfair competition. The last chapter deals with the upcoming new Civil Code and its regulation of the law against unfair competition. It also includes suggestions de lege ferenda.

No description available.

Las prácticas colusorias vienen a ser conductas perjudiciales para la competencia, ya que involucran una coordinación, conspiración o acuerdo entre postores o proveedores, con el fin de no competir en el desarrollo de los procesos de selección. En ese sentido, la presente investigación tiene por objeto proponer medidas a ser adoptadas durante el proceso de selección en las contrataciones públicas para evitar prácticas colusorias. Para ello fue necesario diseñar un marco institucional el cual favorezca la competencia al interior de los procesos de selección, para que así el Estado o la ley no se convierta en un instrumento que posibilite la colusión. Asimismo, se tomará como referencia la legislación y jurisprudencia nacional, así como también de los países de Brasil y España para analizar la prohibición de las prácticas colusorias como conductas anticompetitivas. Además, el estudio realizado viene a ser de tipo documental, ya que, se ha tenido cuenta el análisis como objeto de estudio, presentando como fundamento bases conceptuales y teóricas, asimismo, en esta investigación las bases teóricas y conceptuales se ahondan en cuanto la obtención de contenidos de fuentes bibliográficas. / Collusive practices are behaviors harmful to competition, since they involve a coordination, conspiracy or agreement between bidders or suppliers, in order not to compete in the development of selection processes. In this sense, the purpose of this research is to propose measures to be adopted during the selection process in public procurement to avoid collusive practices. For this purpose, it was necessary to design an institutional framework that favors competition within the selection processes, so that the State or the law does not become an instrument that makes collusion possible. Likewise, national legislation and jurisprudence, as well as those of Brazil and Spain, will be used as a reference to analyze the prohibition of collusive practices as anticompetitive conducts. In addition, the study carried out is of a documentary type, since the analysis has been taken into account as an object of study, presenting as a basis conceptual and theoretical bases, likewise, in this research the theoretical and conceptual bases are deepened in terms of obtaining contents from bibliographic sources.

How do catch-up East Asian countries cultivate their exchange rate (ER) policies in a different trajectory than advanced economies often cited in current literature? What are the dynamics and results (pros and cons) of choosing a particular ER policy, and what influence does it have on the progress of developmental states? How do domestic and international politics explain the convergences and variances of ER policy decisions in East Asia? The decisions of ER policy are by all means political choices. ERs influence the prices of daily exchanged goods, and thereby determine resource allocation within and across national borders. Therefore, any internal political actor, including a government, interest group, foreign party or constituent exerts discretionary power to manipulate an ER to satisfy its own interests. Externally, the size of foreign trade and the status of international monetary accounts closely depend on the valuation and volatility of ER. Thus for the transitional polities and the trade-driving economies in East Asia, the analysis of ER politics not only helps to clarify the complex mechanisms of ER influences combined with various interests and institutional settings, but also to advance the political study of globalization. My dissertation proposes an integrated framework to contend that the domestic distributional politics and economic determinants, as well as the international monetary relations, and regional market force and adaptive policy diffusion are crucial factors that influence and interact with ER policy in East Asia. This theoretical framework explains how an ER policy decision is compromised between domestically generated preferences and apparently intense international interactions. Likewise, this dissertation provides a vigorous empirical specification toward the spatiotemporal differences of ER policy in East Asia. The application of the structural vector autoregression (SVAR) model properly specifies the theoretical dynamics across variables in the East Asian panel data compiled from 1980 to 2004. Furthermore, by using the alternative Bayesian estimation, SVAR successfully demonstrates the "spinning stories" that distinguish the variances with regard to country-specific development under the asymmetrically international and interdependently regional monetary system. The empirical findings verify that my theoretical variables interact significantly with ER policy decisions in East Asia. The statistics also demonstrate that most East Asian countries tend to strategically withstand influences from the various waves of capital liberalization and keep their currencies at low values. In a general testing, however, domestic pursuits for preferred interests gradually yield to the persistent influences of international and regional forces on ER policy making in East Asia. / text

Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...