The diploma thesis is divided into three chapters; the first chapter namely presents general theoretical foundation. This leads to clarification of the position of law against unfair completion in Czech legal system with special emphasis given to the general clause as fundamental assumption of unfair competition acting. The second chapter focuses on legal entities that take part in disputes arising from unfair competition. In accordance with main aims of this diploma thesis the attention to entities which have the capacity to bring proceedings is payed rather than to entities that appear in unfair competition disputes as defendants. Finally the third and main chapter analyses individual legal means of protections and claims arising from unfair competition. Besides traditional unfair competition claims exhaustively provided in Sec. 2988 of the Civil Code, described are also legal instruments of the Civil Code and of the Civil Procedure Code of more general character which's use is applicable in terms of unfair competition. In fine selected procedural specifications related to enforcement of law from unfair competition are discussed.

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...

- 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...

Práce je věnovaná vývoji a obsahu práva nekalé soutěže v Evropské unii se zaměřením na nejnovější vývoj a judikaturu. Právo nekalé soutěže je upraveno především směrnicemi, tedy sekundárním právem, a dotváří jej judikatura Evropského soudního dvora. V práci je zahrnut výklad směrnic a judikátů k jednotlivým skutkovým podstatám nekalé soutěže a stručné srovnání právní úpravy v některých členských státech.

Cílem práce je shromáždit znalosti z oblasti reklamy v podnikání a zmapovat, jak je reklama regulována v okruhu právním a etickém dle Obchodního zákoníku a Etického kodexu reklamy, které prošly v nedávné době novelizačním procesem. V praktické části je analyzován projekt ?Český sen?, který proběhl v České republice 31. května 2003.

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...

This diploma thesis with selected marketing tools and legal regulation of unfair competition according to the Commercial code. Whole thesis is divided into two parts. Basic terms important for understanding of issue of unfair competition ac-cording to the Commercial code are analysed in theoretical part. Specifically this dis-sertation aims at selected facts of the case that are described in characterised more detailed. Furthermore, the marketing tools: advertising, guerrilla marketing and viral marketing are explained here. Practical part consists of an evaluation of chosen ad-vertising campaigns from point of view of marketing and legal. A summary of the most common mistakes in marketing communication from point of view of unfair competition and subsequent recommendation of using selected tools from the per-spective of unfair competition action is included as well.