Abstract This article is about the false, misleading advertising and harmful behavior to goodwill in China. Generally speaking, advertisement is the best marketing way and an unique characteristic in the West¡]always mean capitalist society¡^. And advertising is related to the anti-trust law that combines the science of law and economy. After 1979 PRC¡¦s reform, economical power¡]or the market¡^is the greatest concern in their policy-making. In 1987, PRC issued the formal statute of advertising in place of the interim procedures¡]1982¡^. But the first anti-trust law in the world is Sherman Act¡]1890¡^of USA. According to Sherman Act and the rule of ¡§true in advertising¡¨, FTC Act¡]1914¡^stops the false and misleading advertising in USA, because those are unfair competitions. All capitalist countries want a fair and faultless market. After comparing the law against false advertising in USA and Taiwan with China, we will observe how to enforce the anti-trust law. After understanding the differences of those laws in three countries, we could find out whether those work or not. Through the enforcements in these countries, we realize that the capitalist power often affects lawmaking a lot. Therefore, the governments should not neglect demand of market, especially in an immature capitalist society.

The selected unfair competition practice and protection against such practice The aim of the thesis is to analyze the phenomenon of misleading advertising and the possibilities of legal protection against that kind of unfair competition, within the comprehensiveness of Master's diploma thesis. I deal with the topic predominantly from the private law point of view. The aim of the thesis is, first, to summarize unfair competition and related terminology and, next, to outline its different aspects in detail and present related instruments of legal defence. The thesis consists of nine chapters. Each of them is concerned with different aspects of unfair competition. The Introduction describes the thesis topic, the structure of the thesis and its aim. Chapter One defines the term 'competition' and describes the law regulating the right to competition, its limits and normative basis. Chapter Two focuses on market competition and consists of two parts. The first one concentrates on legal definition of the term 'competition' and its general interpretation. The second one is addressed to competition law and its division. Chapter Three explains the term 'unfair competition' and presents a detailed survey of subjects in unfair competition. Following subchapters examines 'competitors', 'consumers', 'other...

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...

Darbe aptariami reklamos reglamentavimo Lietuvos ir Europos Sąjungos teisėje klausimai, siekiama atskleisti pagrindines su tuo susijusias problemas bei pasiūlyti jų sprendimo būdus. Darbe apžvelgiami skirtingų rūšių reklamą reglamentuojantys teisės aktai, analizuojami šiuose aktuose pateikiamų gaminių ir paslaugų reklamos sąvokų skirtumai, nagrinėjami pagrindiniai reklamos draudimai bei apribojimai, vertinami jų tikslai ir veiksmingumas, apsaugant visuomenę nuo neigiamų reiškinių reklamoje, pateikiami praktinių pažeidimų, susijusių su viešu reklamos skleidimu, pavyzdžiai bei jų vertinimas. Nagrinėjant reklamos teisinio reglamentavimo problematiką, pateikiama pavyzdžių iš Lietuvos teismų ir Konkurencijos tarybos praktikos, nes būtent ši praktika aiškiausiai atskleidžia atskirų reklamą reglamentuojančių teisės normų taikymo problematiką. Darbe pateikiamos išvados ir pasiūlymai, kaip galima būtų liberalizuoti reklamos ribojimą, nesudarant sąlygų piktnaudžiauti vis stiprėjančia reklamos įtaka eiliniam vartotojui. / The work discusses questions of advertising regulations in Lithuanian and European Union law, tries to reveal main problems of the regulations and suggests the ways of solving them. The work reviews different legal acts regulating advertising, analyses differences of various products and services advertising definitions, examines main prohibitions and restrictions of advertising, evaluates their objectives and efficiency of protecting society from negative aspects of advertising, presents examples of practical violations in public advertising and gives their evaluations. Problematic of legal advertising regulations is analyzed through presenting the examples in Lithuanian court and Competition Council cases, for this kind of practice points out main individual problems of legal advertising regulations. The work gives conclusions and suggestions how to liberate advertising restrictions in the way not to create possibilities to abuse a regular user with growing influence of advertising.

European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...

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...

European Law Against Unfair Competition Resumé This diploma thesis deals with the European (EU) law against unfair competition, or more specifically with the legal regulation of two directives of European Union, which are the ones for the european law against unfair competition most significant, Misleading and Comparative Advertising Directive and Unfair Commercial Practices Directive. The purpose of this thesis is to provide comprehensive and understandable overview of the legal regulation of both above mentioned directives, to analyze selected judicature of the Court of Justice of the European Union related to these directives, to briefly outline interpretation problems arising from the transposition of both directives to the Czech legal order, which were identified by professional literature. The content of this diploma thesis is divided into 5 main chapters. After the Introduction follows the chapter briefly defining the main notions, economic competition, competition law, the law against unfair competition and unfair competition. The second chapter deals with the development of the European Law against unfair competition till the present day. The third chapter provides overview of the legal regulation of Misleading and Comparative Advertising Directive, describes factual basis of the misleading...

European Law Against Unfair Competition Abstract The scope of this thesis is intended to cover mainly two branches of the European law against unfair competition. Those two branches were recognized in (i) business-to- business relations governed mostly by the European Union Directive 2006/114/ES and in (ii) business-to-consumer relations governed by the European Union directive 2005/29/ES respectively. Taking in consideration the above-said, it can be stated that this thesis predominantly analyzes what should be in more precise way called as "European Union law against unfair competition". The thesis is divided into ten chapters while five of them should be considered as the leading ones. First of them is the chapter number five dedicated to B2B relations. The author examines the respective directive 2006/114/ES also to the extent of its relevant jurisprudence of the European Court of Justice. The same approach was chosen to describe functioning of B2C relations under directive 2005/29/ES in chapter number seven. Chapter number six focuses on so called "Average Consumer" model that has been found as one of the most important elements of EU law against unfair competition. Because of its exceptional relevance, chapter six deals with the average consumer in a very detail, emphasizing important role of the...

The theoretical part is divided into four chapters. The first chapter deals with competition, the second chapter is about Czech law advertising regulation and about Community law. The third chapter describes misleading advertising and the fourth chapter deals with FMCG. The practical part analyzes current ads. The first chapter describes the method of analysis. The second chapter deals with use of misleading and the third chapter analyzes misuse of truthful information in advertising. The last chapter focuses on the advertising hyperbole.

European Law Against Unfair Competition Abstract The diploma thesis deals with the "European law against unfair competition" and the emphasis is placed on providing understandable and comprehensive summary of European law represented by two leading directives of the European Union. The first one is called Unfair Commercial Practices Directive and it focuses on relations between businesses and customers, while the second one, called Misleading and Comparative Advertising Directive, concentrates on business to business relations. Moreover, the realm of unfair competition is richly complemented by the jurisprudence of the Court of Justice of the European Union, which dedicates many of its rulings to this problematic due to its indispensable significance. The content of diploma thesis is divided into several chapters. The chapter following the Introduction gives brief definitions of the terms typical for this branch of law, for example competition or average consumer. The third chapter takes into account historical development of unfair competition at European union level and its direct impact to Czech legislation. For this reason, the fourth chapter includes a short discourse about unfair competition from the point of view of the latest Czech Civil Code. Questions relating to consumers and protection of their...