Parallel application of national and Union competition law The adoption of regulation No. 1/2003 opened a discussion on admissibility of parallel application of national and EU competition law regarding the ne bis in idem principle. The aim of the thesis is to map the condition of this legal topic after ten years since the process of modernisation of EU competition law on the basis of the analysis of judicial decisions and relevant legal acts including EU Charter of fundamental rights that became a part of EU primary law since Lisbon Treaty. Three different cases are to be understood under the term parallel application. The cumulative application means a case where national competition authority applies both national and EU law to punish anticompetitive behaviour in one single proceedings. The second case is the parallel application on the EU territory, where there are several proceedings held by competition authorities parallelly. These proceedings are held either concurrently or consequently. Lastly, the parallel application going beyond the EU territory is the case where an anticompetitive behaviour that has already been punished by a competition authority of a non-member state is subject of proceedings held by competition authority in EU. The thesis is divided into six chapters. The first...

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...

The goal of this diploma thesis is to compare trademarks in terms of their systemic and practical functioning not only in terms of economic competition and to identify pitfalls and formulate recommendations both practical and de lege ferenda. Trademarks and their institutes are also compared with other exclusive rights to labels. By way of their mutual comparison I attempt to find systemic and procedural differences in differing legislation and following that, attempt to identify aspects that could enrich either subsystem of rights to label. This thesis is divided into 6 chapters. In the opening chapter, I deal with the definition of key terms as well as the role of trademarks in industrial property rights. Following that I deal with mark law as enshrined in international law as well as the individual systems - national, European and international. The greatest attention is given to trademarks and their various aspects. An entire chapter is spent on their detailed exploration and analysis as well as their comparison with other rights to label. Recommendations, both practical and de lege ferenda are formulated based on this analysis. Attention is also given to the law enforcement of industrial property rights as well as the use of instruments of private law, especially as it concerns the right to...

in English This thesis deals with the issue of counterfeiting, in terms of both criminal and criminological perspective. Its opening is devoted to the money, especially to their historical development. The following chapter, number three, continuously moves to the description of the most widely used security features of money, especially of banknotes. Although these security features are not the subject of my thesis, this part can look quite dominant. However, I am convinced that the technical protection of money plays the pivotal role it the whole issue, so I gave them enough space at the beginning of work. The following section deals with the valid legislation and focuses primarily on the enumeration and analysis of the actus reaus under the Criminal Code. In my opinion, the focus only on criminal legislation is inadequate, and therefore I consider it is necessary to mention also other legislation which is significantly related, ie Act No. 136/2011 Coll., on the circulation of banknotes and coins and amending Act No. 6/ 1993 Coll. on the Czech National Bank, as amended, which contains mainly the Czech National Bank's role in the issues mentioned above and responsibilities of defined group of persons handling the money suspected of counterfeiting. The procedure of the Police of the Czech Republic...

This diploma thesis accents the value of accounting as the most important business informational system especially in the recent period of time. The most of financial decisions are based on accounting, thats why accounting is used for manipulation with financial results by management. I described various ways of accounting frauds including the creative accounting. The economic criminality and accounting frauds became a serious problem so I suggested possible methods for preventing frauds.

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...

61\dokument1\23 December 2011 Abstract The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legislation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter of this thesis is a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, including the protection against unlawfully registered trade marks. The third chapter, which is the core of this thesis, discusses the uses and functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. This chapter also...

The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...

The diploma thesis deals with the issues related to capital market regulation from a more complex point of view. The capital markets represent a significant part of market mechanisms in the developed market-economy countries. They act as a significant means of transfer as well as material artifacts re-allocation. Understanding of capital market in the quality of an interdisciplinary phenomenon is the point of departure. The individual approaches that we have chosen in order to grasp the subject of capital market regulation are the following: law, economics, ethics, and on a limited basis, psychology. The intention is to catch legal regulation (reactive) on the one hand - executed institutionally (provided by the authority of state), and on the other hand a form of regulation represented by the proactive self-regulation approach based on ethical values - the approach of psychology representing a transitional mechanism - with this all set in the context of economic reality and its specific approaches to regulation. The diploma thesis reflects the recent years developments - partly the financial crisis, then the financial market globalisation and internationalisation as well as the Czech Republic integration into European structures. The analytical and descriptive focus prevails in the diploma thesis....

The aim of this thesis is to examine trademarks and the possibilities of their application and use in the context of business competition. Trademarks are used widely in business and form part of an important and independent branch of the law. The thesis is divided into seven chapters. The first deals with the inclusion of trademark law into the broader area of intellectual property law. The following chapter describes the concepts of trademarks and legal sources. The law of trademarks is divided into a three level jurisdictional system - international, European and domestic law. The chapter also discusses the division of trademarks and describes their function. The conclusion of the chapter is devoted to the reasons for the refusal of registration of trademarks - namely absolute and relative. The third chapter focuses on the ways how trademark law is established. The establishment of trademarks is fundamentally based on the principle of registration. The exception is well known trademarks, which enjoy legal protection despite not being registered. The chapter is divided into three parts dealing with the registration procedure at the domestic, European and international level. In contrast, the fourth chapter contains circumstances under which trademarks lapse and are no longer in effect. The...