This thesis deals with the legal regulation of comparative advertising in the Czech Republic and the Federal Republic of Germany. The aim of this thesis is to explain the correspondences and differences between the legal regulation of comparative advertising in the Czech Republic and Germany using analysis and comparison with particular focus on the European regulation of this institute. The first chapter presents the underlying theoretical system and sets the examined institute into the general framework of legal order. It defines the terms advertising and comparative advertising. Emphasis is put on explaining different approaches of legal orders to comparative advertising as a foundation for an analysis in subsequent parts of this thesis. The first chapter also introduces types of comparative advertising distinguished by doctrine. The second chapter is, due to the irreplaceable position of European legal regulation, dedicated to the genesis of legal regulation of comparative advertising in the European law. This section contains an analysis of single directives and their effects in chronological order. The third chapter uses the knowledge of European law to analyse the evolution of legal regulation of comparative advertising in national legal orders of the Czech Republic and Germany. Historical...

Domain names in the Czech legal system The aim of this work is to introduce readers to the topic of domain names themselves with a necessary technical overlap, their legal regulation in the Czech legal framework, including a general analysis of particular legal institutes used for their protection (namely trademarks, unfair competition, name of an individual and name of a legal entity), and finally to outline the ways and development of the settlement of disputes arising from them before the judicial and extrajudicial bodies. The first chapter of the thesis covers the concept of domain names as such from a technical point of view. There is described the domain name function in the Internet and the domain name system as well, consisting of top level domains of different types with their specifics. Consequently are there through domain name registration covered domain name disputes in a global context, including the individual causes (types) of these disputes, and finally concludes with the description of a specific form of alternative dispute resolution called UDRP. The second, most extensive chapter is dedicated to the legal regulation of domain names in the Czech legal framework itself. The chapter begins with theoretical concept of domain names from the legal point of view and its historical...

Diploma thesis evaluates the effectiveness of legal instruments to prevent the use of aggressive commercial practices. Thesis is divided into two main chapters, the first is the protection against aggressive commercial practices in business to consumer market and the second part is dedicated to the protection against aggressive practices in the business to business market. Each section compares the European protection of aggressive commercial practices (and also through European legislation implemented in Czech law) with the protection of those practices in U.S. law. The first part of thesis deals with the protection of consumers against aggressive commercial practices. In European law it mainly regulated by Directive on unfair commercial practices. The Directive is implemented in Czech Republic in mainly in Consumer Protection Code and in the Advertising Code. Private protection against aggressive commercial practices is embodied in provision of unfair competition of the Commercial Code. Protection of personality, privacy and personal data is another form of protection against aggressive practices. In U.S. law, public consumer protection is represented by Federal Trade Commission. In private law, consumers seek redress in court through actions for torts. In relations between competitors is the protection against aggressive commercial practices regulated by unfair competition and by antirust law. Antitrust law in European Union is represented by 81 and 82 of the EC Treaty. Unfair Competition Law in the U.S. in the B2B market is the part of business torts. Antitrust law is represented by Federal Trade Commission and the Ministry of Justice. The last part of Diploma Thesis is concerned with aggressive commercial practices that very often are accompanying the offers in time-sharing field and with children aggressive commercials, as a example of aggressive commercial practices in practice.

Thesis title: Aggressive business practices in competition This thesis deals with an analysis of aggressive business practices within competition, focusing on aggressive business practices in relation to other competitors, i.e. B2B relations. The thesis is divided into four chapters with an unnumbered introduction and conclusion. The most crucial part of the thesis can be found in the second and third chapter. The first chapter introduces reader to the issue of unfair competition. In particular, the chapter deals with the analysis of the general clause, as the key provision within the private law framework of unfair competition. Above mentioned is the reason of a brief historical development of this provision being also included in this chapter. Furthermore, the chapter considers the adaptation of unfair competition among the European Union. The second chapter deals with the analysis of the factual phenomena of aggressive business practices, namely denigration (section 2984), unlawful comparative advertising (section 2980) and breach of trade secrets (section 2985), considering the newly adopted directive on the protection of undisclosed know-how and business information (trade secrets). The chapter also incorporates relevant case law. Third chapter deals with aggressive business practices...

Protection of holders of unregistered trademark or other designations used in business transactions under Czech law and EU law Abstract This final thesis focuses on means of legal protection of holders of non-registered trademark or of another sign used in the course of trade under Czech and European law. First, it defines the legal branch of intellectual and industrial property, the term trademark and the system of Czech national trademarks. Due to extensive amendment of the Czech Trademarks Act based on the European Union Trade Marks Directive, effective from 1st January 2019, the final thesis begins with the description of the trademark legislation effective prior the amendment. Next chapter contains comparative analysis of former and current wording of the legislation following the legislative amendments of Czech Trademarks Act based upon the European Union Trade Marks Directive. Further chapters of this final thesis describe in detail the distinctive character of the trademarks, use of the trademarks in the course of trade, likelihood of confusion on the part of the public and other legal issues relevant to the successful protection of the non-registered trademark or of another sign used in the course of trade under written law and established case law of the Czech and European courts. The most...

Online Advertising Specifics with regards to Unfair Competition Law Abstract This thesis analyses advertising which is strictly connected to the internet environment with regards to the unfair competition law. The importance of unfair competition regulations in the dynamic internet environment is emphasized by presenting the most problematic areas of online advertising. The great flexibility of the general clause is often the only possible way how to prosecute the new methods of online advertising. Due to the insufficient development of the Czech jurisprudence in online advertising, there are judgments of the European Court of Justice and the judgments from other member states presented in this thesis. There are detailed analyses of six different advertising practices - keywords abuse, metatags abuse, linking, fake online reviews, advertisements on online platforms, and ad blocking software. The main goal of the paper is to draw the limits of these six advertising practices by analysing and comparing various fact patterns in foreign judgments. Some of the judgments presented in the thesis are introduced in the Czech legal environment for the first time. Furthermore, the thesis focuses on the specifics which distinguish online advertising from the traditional ones. The specific characteristics of internet...

1 Behaviour of non-bank consumer credit providers in terms of unfair competition Abstract The thesis deals with the issue of providing consumer loans by non-bank providers of consumer loans in terms of the correctness of their actions in selected areas of their activities. The aim of this work is to assess selected typized behaviour of non-bank providers of consumer loans in terms of the possibility of committing (both) unfair commercial practices and unfair competition. The author thus examines the behaviour of these entities in connection with their information duty and the duty to assess creditworthiness of consumers. In the area of information duty, it focuses more on the pre-contractual information obligation for non-bank consumer credit providers and the obligation for these entities to inform consumers of the annual percentage rate of charge. The subject of the thesis is also an assessment of possible concurrent responsibility of non-bank providers of consumer credit for committing unfair commercial practices and unfair competition. The sanctions provided for by the Consumer Credit Act are also taken into account. The author also describes the development of legislation in defined areas, where the work includes a comparison of current and previous legislation on consumer credit. The thesis contains...

Univ., Diss. u.d.T.: Gey, Peter: Die Bedeutung des potentiellen Wettbewerbs bei der Bestimmung marktbeherrschender Stellungen im deutschen, europäischen und US-amerikanischen Kartellrecht--Hamburg, 2004.

The subject matter of this thesis is the analysis of the Czech pre-WW2 legislation on unfair competition as laid out by the Act on Protection against Unfair Competition 111/1927 Sb. and the vast body of work concerning its interpretation and application as contained in both doctrinal works and especially the case law of the Czechoslovak Supreme Court. The thesis then attempts to thoroughly compare these to the relevant contemporary Czech case law and theoretical works. To achieve this goal, after a thorough preliminary analysis and selection of the relevant sources (especially applicable case law), the thesis lays out the most crucial legal questions and areas of interest in which the current legal doctrine and case law have been influenced by the pre-war era. The thesis contains thorough analysis of provisions containing vague legal terms, such as "good morals of competition", "business relations" or "average consumer" and attempts to put these into the context of legislation, legal doctrine and case law of the first Czechoslovak Republic. Considerable attention is also paid to the relationship between industrial property law and the law on unfair competition. The focus has been put on providing an analysis of the foundations that had shaped the legal thinking of the first Czechoslovak Republic in...

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...