Thesis--Lund. / Summary in German. Includes bibliographical references (p. 226-231) and index.

Thesis (doctoral)--Albert-Ludwigs-Universität, Freiburg im Breisgau. / Includes bibliographical references (p. 275-300).

Šiame baigiamajame magistro darbe, analizuojant Lietuvos teisės aktus, mokslinę literatūrą bei Lietuvos ir ETT praktikoje suformuotas su darbo tema susijusias atitinkamų klausimų ir teisės aktų nuostatų aiškinimo ir taikymo taisykles, atskleidžiamas nesąžiningos konkurencijos sąvokos turinys ir įvardijami atskirų nesąžiningos konkurencijos atvejų kvalifikavimo ypatumai. Šio tyrimo tikslas – išanalizuoti nesąžiningos konkurencijos reglamentavimo Lietuvos konkurencijos teisėje ypatumus bei nustatyti taikymo praktikoje problemas – pasiektas įgyvendinus tokius uždavinius: pirmiausia, išanalizavus mokslinę literatūrą, Lietuvos teismų praktiką, Lietuvos Respublikos teisės aktus, aptariančius nesąžiningos konkurencijos sampratą, atskleidžiant jos turinį; po to yra nustatoma nesąžiningos konkurencijos instituto Lietuvos teisės aktuose įtvirtinimo raida ir reikšmė, aptarti pagrindiniai unifikavimo su ES teise aspektai; ir galiausiai identifikuojami nesąžiningos konkurencijos atvejų kvalifikavimo ypatumai, įvertinamas nesąžiningą konkurenciją reglamentuojančių teisės normų veiksmingumas bei atskleidžiami teisinio reguliavimo netikslumai ir dėl to iškylančios problemos. Magistrinio baigiamojo darbo temai atskleisti buvo naudojami loginis-analitinis, lingvistinis, lyginamasis, istorinis, sisteminės analizės metodai, kurių pagalba darbo tema buvo išanalizuota, pateiktos išvados bei įvertintas hipotezės teisingumas. Remiantis padarytomis išvadomis, manytina, jog darbo hipotezė – „Siekiant... [toliau žr. visą tekstą] / In this master thesis the concept of unfair competition is revealed and qualification features of individual cases of unfair competition are presented by analyzing the Lithuanian legislation, scientific and legal literature as well as analysing Lithuanian and ECJ juridictions’ legal acts, legislation and legal practice. The objective of this master thesis - to analyze the regulation of unfair competition in Lithuanian’s competition law and to determine practical application problems- has been achieved through the following tasks. First, scientific literature, legal practice, legal acts of the Republic of Lithuania discussing the concept of unfair competition and its content are analyzed, then the development and the importance of unfair competence institute setting in Lithuanian legal acts is determined, the main aspects of unification with EU law are discussed, finally, classification features of cases of unfair competition are identified and the efficiency of unfair competition legislation is evaluated, also regulatory uncertainties and the problems it may cause are indicated. Logical and analytical, linguistic, comparative, historical, systematic analysis methods were used to analyze the topic, present the conclusions and to find out if the hypothesis was right. On the basis of the thesis conclusions, it must be held that the hypothesis - In order to make a proper legal classification of actions of unfair competition, in practice encounter problems due to lack of a clear... [to full text]

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...

Legal Penalty for Unfair Competition Unfair competition law has quite a long tradition in the Czech Republic. After the recodification of private law, the basis of the legal regulation of unfair competition is contained in the Civil Code, which is a fundamental code of the general civil law. Other legal remedies are based in the Civil Procedure Code. In the last decades some elements of the public law also infiltrated the system of legal penalties for unfair competition. The aim of this diploma thesis is to introduce the system of legal penalties for unfair competition in the Czech Republic. The main emphasis is put on the private law regulation, i.e. the regulation contained in the Civil Code and the Civil Procedure Code. The text of this thesis focuses on the comparison of the particular remedies under the Civil Code with the remedies that used to be anchored in the Commercial Code as well as on the alterations put on the unfair competition law in connection with enacting the new Civil Code. The thesis is divided into four chapters. Chapter One first of all briefly introduces unfair competition law and sets it in the context of international law and European law. Additionally, the meaning of the general clause of unfair competition and its relationship with the special statutory clauses of unfair...

This diploma thesis concern with the legal penalty for unfair competition from the perspective of private law. The goal of this thesis is to analyze the respective private law means of protection against unfair competition, which are governed by Act no. 89/2012 Coll., The Civil Code and the Law no. 99/1963 Coll., The Civil Procedure Code. Attention is also paid to the legitimation of subjects in disputes arising from unfair competition and private law protection against unfair competition on the social network. Thesis is divided into the four chapters. Introduction of the first chapter is dedicated to law against unfair competition in general. The first subchapter sets out in detail general clause governed by § 2976 of the Civil Code, especially its historical development. The second subchapter deals with the new merits of the intrusive harassment, which was included due to the recodification of private law in the Czech Republic among the special facts of unfair competition provided by the Civil Code. The second chapter of this thesis is focused on the legitimation of the subjects in disputes arising from unfair competition. This chapter deals with actively and passively legitimized subjects that arising in disputes from unfair competition and trying to specified these individual entities in...

Unfair competition in the Internet environment This diploma thesis deals with the manifestations of unfair competition on the Internet. The aims of the diploma thesis were to provide an overview of methods of unfair competition occurring in this specific environment and assess their capability to fulfil the general clause of unfair competition. The diploma thesis is divided into four chapters. The first one of them contains a general introduction to the law of unfair competition in terms of European legislation, namely Paris Convention for the Protection of Industrial Property and European Union law. The second chapter discuss the regulation of unfair competition in the Civil Code, the general clause in particular. The thesis analyses the three conditions of the general clause, which must be cumulatively fulfilled, with regard to the Internet environment. In the third chapter of this diploma thesis the concepts specific to the Internet environment, which are often interpreted incorrectly or wrongly, are described. I decided for inclusion of this chapter mainly due to the fact that I use these concepts in the text of this diploma thesis, therefore I wanted to avoid any inaccuracies or confusion that could result from their use without proper explanation. The fourth and most extensive chapter forms...

Resumé v anglickém jazyce This thesis is focused on the legal regulation of unfair competition, unfair commercial practices and on the misleading and unlawful comparative advertisement. The legal regulation was a subject of the major changes under the influence of European union's regulation. The thesis' aim is to analyse and describe the regulation, bring it closer and by using of the partial comparisons contemplate it with the Czech legal arrangements. The structure of the thesis is divided into the introduction, three consecutive chapters and final summary. The introduction chapter is mainly focused on the European's legal regulation version of Unfair Commercial Practices Directive and Misleading and Comparative Advertising Directive. Chapter is focused on consumer protection in English legal regulation prior to implementing of the new European law and further to the form of such implementing and harmonisation. Thesis' task to interpret the main legal regulations' fundamental alterations, which acts as starting basis for the part as follows. The crucial part is listed in the second part, which is divided into the two subchapters. The subchapters follows the directives legal regulation structure. The more extensive subchapter deals with the unfair commercial practices and its task is to interpret the...

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...

This thesis is dedicated to analyzing the Czech legal regulation of competitive advertising since the year 1927, while the main focus point of the thesis lies within the analysis of European directives and Commercial code. The beginning of the thesis is dealing with the definition of several crucial terms needed for due orientation in the issue (particularly the terms "economic competition", "competitor", "general clause", "average consumer", "advertisement", "comparative advertising"). After that follows the analysis of the regulation of comparative advertising applicable in specific time periods. In the first analyzed period (1927-1950), comparative advertising was not explicitly regulated. Nonetheless it was being judged according to the general clause and special facts of the case included in the act. No 111/1927 Coll. of laws and decrees. The attitude of the legal practice towards comparative advertising was rather restrained at that time. During the next analyzed time period (1950-1991), economic competition and the regulation of unfair competition was substantially marginalized due to wide social changes. The time period 1992-2001 was, from the unfair competition regulation point of view, important, because it has seen an implementation of a relatively detailed legal regulation of the...