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...

Diploma thesis describes the problems with non-compulsive practices against the consumer. Literary research provides a comprehensive overview of the basic terms as a general clause, competition, unfair competition and the facts of unfair competition and consumer protection. The second partdescribes specific unfair practises used to promote products or services on the Internet. To compare and evaluate the conclusion of this thesis, specific case laws are assigned to the unfair business practices. The last part of the thesis consists of a survey and its analysis for more comprehensive understanding of the issue. Conclusions and recommendations are made.

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...