- 65 - Abstract Unlawful comparative advertisement The thesis, whose subject is unlawful comparative advertising, deals in detail with regulation of such advertising not only in the Czech law but also in the European Union law. The aim of the thesis is to analyse thoroughly the conditions of permissibility which decide whether a particular advertising is an unlawful and unfair one and introduce the readers to the means of legal protection against unlawful comparative advertising. Unlawful comparative advertising is one of nine listed facts of unfair competition, which are among the most frequent ones in economic competition. The unfair competition law and the law against restriction of economic competition are two fundamental branches of the economic competition law, whose main purpose is to affect conduct directed generally against competition. Nowadays, comparative advertising is regulated by the provision § 50a of the Commercial Code. In the new Civil Code, which will come into force on 1 January 2014, comparative advertising will be slightly modified and regulated by the provision § 2980. The regulation of unfair competition in the Czech Republic is greatly influenced by the Act against unfair competition of 1927, whose general clause made it possible to affect subjects acting contrary to the rules of...

Legal penalties for unfair competition This diploma thesis analyzes private law penalties for unfair competition, focusing on the means of protection provided by private law statutes. This thesis also deals with the questions of active and passive legitimacy in lawsuits concerning unfair competition and procedural specifics of these lawsuits. The thesis is divided into six chapters. The first charter offers an introduction to unfair competition law by presenting its substantive law provisions: the general clause and the special case clauses. The aim of this chapter is to outline the issue of unfair competition and define actions against which it is possible to use means of protection described in the following chapters. The second chapter focuses on subjects of unfair competition disputes: subjects actively legitimated but also subjects passively legitimated. This chapter also aims to define each of these individual subjects, such as competitors and consumers. The third chapter presents the essential means of protection against unfair competition provided by the Commercial Code. These are namely the claim to refrain from unfair competition practices, the claim to remove unfair competition situation, also the claim to provide damages for material losses, the claim to hand over unjustified enrichment...

MARKETING HARASSMENT AS THE FACTS OF UNFAIR COMPETITION Abstract This master's thesis titled "Marketing harassment as the facts of unfair competition" focuses on the legal regulation of marketing harassment, which was introduced by Act No. 89/2012 Sb, Civil Code. This Act lays out what is considered the statutory facts of unfair competition. These particular facts concern the phenomenon of unsolicited advertising that is unprecedently common in present-day society. The establishment of the institute of "marketing harassment" in the new Czech Civil Code can be considered a positive measure taking into account that its purpose is to protect the privacy of a legal entity. However, the very formulation of marketing harassment in the abovementioned Act can hardly be judged as a distinctively positive one. The objective of this thesis is not only a detailed analysis of marketing harassment itself and evaluation of its positives and negatives, but also a comparison with the regulation of similar issues found in other regulations as well as self-governing regulations (specifically in the Code of Advertising). The attempt to outline possible changes in these facts in terms of de lege ferenda is an integral part of this thesis. The thesis is divided into five chapters. The first chapter contains a brief overview of...

Disparagement as the facts of unfair competition This master's thesis titled "Disparagement as the facts of unfair competition" deals with various aspects of the legal regulation of this unfair competition practice which is regulated by Act No. 89/2012 Coll., The Civil Code. The thesis also deals with the development of legal regulation in Czech territory, introduces the topic into the European context and compares some partial aspects with the Dutch law. Disparagement is understood to mean an act by which a competitor states or spreads false statement about the situation, performance or product of another competitor, where such a statement can cause harm to that competitor. Disparagement is also an act by which a competitor states and spreads true statement about the situation, performance or product of another competitor, where such a statement is capable of causing harm to that competitor. The aim of this work was a detailed analysis of disparagement as the facts of unfair competition including the assessment of its pros and cons, the presentation of the expert's opinions on its individual aspects and a summary of the possibilities of protection against derogatory practices focusing on the special private law protection provided by the Civil Code in the sections dealing with unfair competition. In this...

Thesis (doctoral)--Universität Freiburg in der Schweiz.

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

The topic of this diploma thesis is legal regulation of unfair competition law, namely comparing Czech and German law in reference to EU law. Unfair competition law, one of the two branches of competition law (economic competition law), is a body of law prohibiting particular conducts in economic competition and setting out sanctions for a violation of these prohibitions. The central term of the entire thesis - unfair competition contains those cases in which someone abuses and deforms competitive environment in an unfair way. Unfair competition may be defined as a competition which someone spoils, hides something, or behaves in a dishonest, immoral, or unsatisfactory manner. This thesis is divided into four chapters. In the first chapter the purpose of this thesis, a reason of having regulation of competition law as well as legal terms and definitions are laid down. The terms of competition in general, economic competition, competition law, and unfair competition are introduced. Furthermore, the second chapter is to present relevant legal sources of unfair competition law. It deals with constitutional bases, primary legislation, and EU law. The topic of the third chapter aims to introduce a vertical and horizontal competitive relationship. It is set out the meaning of legal persons which...

The diploma thesis is related to the comparative advertisement and its chronological development in the czech legal order. The aim is an explanation of the comparative advertisment institute, its history and modified private law regulation in the Civil Code no. 89/2012 Coll with comparison of individual past legislation and consideration of European law. The thesis consists of an introduction, four chapters, their subchapters and conclusion. The first chapter defines the general notions related to the comparative advertisement institute starts from the economic competition, private branch as competition law and the definition of advertisement, its history and understanding. Afer the advertisement definiton loosely follows second chapter which solely deals with the comparative advertisement institute. In this chapter a reader gets acquanted with the terminology, theory and practical cases of comparative advertisement. Then he is able to clarify the positives and negatives of comparative advertisement. The third chapter deals with the historical excursus starting with section of the legislation of the comparative advertisement from year 1919 to 1950, followed by the historical part from the lack of freedom period and ending with revolutionary legislation in year 1989 which is subsequently divided to...

Comparative advertisement - development of its regulation in Czech law In my diploma thesis I deal with comparative advertising in the Czech legal system. Its main goal is to monitor the development of legal regulation of this phenomenon in historical periods, with an emphasis on private law and its changes after harmonization amendment no. 370/2000 Coll. The work is divided into the introduction, seven chapters, which are further divided into subsections, and the conclusion. Following the introduction, there are three chapters, which are dealing with general topics that are connected with main theme of my thesis. The first chapter briefly allude to regulation of competition, including system of unfair competition with accentuation of the general clause. Next chapter is focused on the general term of advertising with the mention of its self-regulation, which serves as an alternative to legislation. In the third chapter is specification of theoretical frame of comparative advertising, including the list of different types of comparative advertising, which is followed by summary of different legal approaches to advertising comparison. Fourth chapter contains historical overview of legal regulation of comparative advertising in the Czech legal system covering the period from the First Republic to the...

Competition between trade rivals in a marketplace operating within a common law-based legal system is regulated primarily by two fairly distinct branches of the law: the prohibitions against anti-competitive conduct imposed by the competition law framework, and the common law restraints against acts of “unfair competition” that attract liability under the economic torts. This dissertation aims to critically examine both these legal frameworks and provide an integrated account of how these branches of the law distinguish between lawful and unlawful modes of competitive conduct. By scrutinising the doctrinal and policy foundations that underlie each of these legal frameworks, common thematic strands that may not be immediately apparent to lawyers working exclusively in either field will be exposed, while fundamental differences between their respective inner workings will also be uncovered in the process. Engaging in such a comparative exercise will facilitate a deeper understanding of the contrasting objectives and jurisprudential approaches associated with each legal framework which, in turn, sheds some light on the nature of their relationship with each other and the extent to which legal developments in one field ought to influence, or be influenced by, the other. Besides evaluating how and why the common law economic torts operate differently from the competition law prohibitions in circumscribing the liberty of individual competitors to inflict economic harm upon their trade rivals, this dissertation will also analyse selected types of commercial conduct which are regarded as lawful under one framework but unlawful by the other, and contrast them with scenarios which could attract overlapping legal liability under both legal frameworks. In addition, this dissertation will explore a selection of legal issues arising from the doctrinal interaction between these areas of the law that may confront the courts as these two legal frameworks continue to develop in tandem with each other.