L’insertion du contrat dans la vie sociale a mis en lumière des conflits d’intérêts entre d’une part les parties contractantes, qui souhaitent que leurs prévisions contractuelles se réalisent et d’autre part, les tiers, qui ne veulent pas voir leur liberté limitée par un contrat auquel ils n’ont pas consenti. La théorie de l’opposabilité, assurant une fonction préférentielle, tranche le conflit d’intérêts antagonistes en réservant aux parties contractantes une exclusivité, la connaissance étant alors le critère d’attribution de cette situation préférentielle. Dès lors tout tiers qui avec connaissance incite ou aide un débiteur à violer son obligation contractuelle engage sa responsabilité à l’égard du créancier de cette obligation. Dans un contexte concurrentiel, l’opposabilité du contrat (ou du droit subjectif) va aboutir à créer une zone d’exclusivité en faveur des parties (ou détenteurs de droits) et étouffer la liberté concurrentielle des tiers. Le droit va alors délimiter une zone d’activité pour chacun. Nos travaux de recherches visent à étudier le phénomène d’opposabilité, entendu comme l’effet d’un acte ou fait juridique sur les tiers, dans un contexte concurrentiel ; et le mécanisme de conciliation qu’est l’action en concurrence déloyale. Après l’étude des solutions existantes, nous tenterons de dégager un critère du comportement déloyal permettant une appréhension globale et contextuelle de l’effet de l’acte concurrentiel sur un marché, afin d’ajuster le degré d’opposabilité suffisant à la protection des uns et à la préservation de la liberté concurrentielle des autres. / Law rules relations between individuals. From an economic angle, it defines an activity range for each operator. Our research work aims at studying the french concept of “opposabilité” in a competitive background. The question is about analysing the effects of a contract or an exclusive right regarding third competitors; and the reconciliation proceeding that is the action on unfair competition. We will attempt to draw a criterion from unfair behaviour that enables a better analysis of the effect of competitive action on a market and therefore on this market's own operators, to adapt the “opposabilié” degree to allow protection of some and preservation of freedom for others.

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...

This diploma thesis deals with trademark in competition. It analyses the position of the trademark owner from the point of view of rights provided by the legal system in connection with his trademark ownership. The aim of the thesis is to answer the question which rights are granted to the trademark owner by the trademark law, which rights are granted to him by the unfair competition law and to depict mutual correlation of those two legal branches from the mentioned point of view. In order to achieve these targets the thesis is divided into three chapters. The first chapter deals with the trademark owner rights, where it analyses the regulation of these rights in Czech legal system, i.e. provision of act -No. 441/2003 Sb. on trademarks, considering European directives on trademarks (No. 89/104 and 2008/95/ES). This is followed by the judicature of the Supreme Court of the Czech Republic and of the Court of Justice of the European Union explaining these legal provisions. The provisions of Council Regulation on the Community trade mark (No. 207/2009) and Paris Convention for the Protection of Industrial Property are also mentioned. For the purpose of further explanation the second chapter brings an analysis of the competitor's protection by the unfair competition law from the provisions relevant for...

- Development of the legal regulation of unfair competition in Czech Republic This thesis concerns the development of the legal regulation of unfair competition in the environment and territory of Czech Republic. Thesis at the beginning introduces with origin attempts of unfair competition at the Austria-Hungary monarchies times and historical formation at the European frame. Continue by formation of Czechoslovakia and description of the first complex legal ordinance focused on this part of law on our territory. At the next stages is described decline of unfair competition in times of central planned economy raised by communist party in 1948 and subsequent factual absent of unfair competition in our legal system. And finally arise and development of unfair competition after the velvet revolution which is the main topic of this work. The thesis is also focused on the general aspect of unfair competition as the law section with term and attribute which is often hard to define or describe and as a legal area in which more often play the biggest role kind of legal sense and specific circumstances then strictly defined rules. Thesis highlights the importance of general clause, in some part compare our legal development to German and other legal legislation way of other countries and their conceptual...

Legal development of unfair competition in Czech Republic This thesis concerns the development of unfair competition in the environment and territory of Czech Republic. Thesis at the beginning introduces with origin attempts of unfair competition at the Austria-Hungary monarchies times and historical formation at the European frame. Continue by formation of Czechoslovakia and description of the first complex legal ordinance focused on this part of law on our territory. At the next stages is described decline of unfair competition in times of central planned economy raised by communist party in 1948 and subsequent factual absent of unfair competition in our legal system. And finally arise and development of unfair competition after the velvet revolution which is the main topic of this work. The thesis is also focused on the general aspect of unfair competition as the law section with term and attribute which is often hard to define or describe and as a legal area in which more often play the biggest role kind of legal sense and specific circumstances then strictly defined rules. Thesis highlights the importance of general clause, in some part compare our legal development to German and other legal legislation way of other countries and their conceptual changes whether the wrong ones or opposite. The main aim...

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...

Legal Penalties for Unfair Competition As the unfair competition has become the part of business due to the fact that businessmen are trying to achieve the profit, it is necessary to set up legal rules and restrictions to assure the fair competition, i.e. competition without unfairness and negative effect on functionality of the economic competition. The aim of the diploma thesis is to analyse legal penalties of unfair competition especially in Czech legal order by means of interpretation of affected legal provisions together with judicature of the Supreme Court and other courts. First part of the thesis concerns theoretical scope of legal concepts concerning the unfair competition. The second chapter deals with active and passive legitimacy of subjects according to the Commercial Code. Both chapters give the theoretical framework for the whole thesis. The core of the diploma thesis is the third and fourth part, whereas the third part concerns the means of protection against unfair competition which are divided into several groups according to the law in which they are regulated (private law, public law divided into administrative and penal law, European law) and focuses on private law with using rich judicature of Czech courts. The fourth part regards specific procedural institutes that are...

COMPARATIVE ADVERTISEMENT - THE DEVELOPMENT OF REGULATION IN THE CZECH LEGAL ORDER My thesis is aimed particularly to analyse the existing legal regulations on the comparative advertising in the Czech Republic with a view to its comprehensive treatment in the Community law and to summarize the history of the Czech laws not only of the comparative advertising evolution, but also an unfair competition or an unfair advertising in general, as the legislation governing the comparative advertising did not exist until 2001 and particularly the comparative advertising was usually qualified as an unfair competition. The work is divided into seven chapters. First two chapters briefly depict general characteristics of both the economic competition and an unfair competition terms and concepts. The third chapter is devoted to advertising in general. Chapters Four and Five form the core of the thesis. They are dedicated to the phenomenon of the comparative advertising and legislation prevailing in the Czech Republic. In Chapter Four, varying attitudes of different rules of law to comparative advertising are discussed in Section 4.1, and Section 4.2 summarizes the different types of comparative advertising. Section 4.3 is dedicated to the evolution of the legislation on unfair competition or an unfair...

RESUMÉ The concept of an average consumer in Czech and European law The aim of this diploma thesis called "The concept of an average consumer in Czech and European law" is to describe current trends in conceptualization this term. Methods used in this diploma thesis to achieve the defined objectives are the analysis of Czech and European legislation and both Czech and Communitarian case law. There were used monographic and comparative methods too. The initial part of the thesis describes the terms consumer and the average consumer are affected by secondary Communitarian legislation and case law of the Court of Justice of the European Union as well as by the case law of courts of the European Union members states. Another aim of the diploma thesis is to highlight that the model of average consumer needs to be viewed differently depending on in which area of economic competition it is currently located at. It is subjected to diverse claims in various areas. This was proved by several judicial cases. The function of the model of average consumer is to be a substitute for all consumers. Consumers' protection is provided through this model. As it is important to emphasize, the average consumer is just a model and does not strictly remain a legal person. The case analysis and comparisons led to the definition of...

1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...