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...

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...

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...

Resumé Community Law Against Unfair Competition The purpose of my thesis is to analyze the European legislation on unfair competition, its application by Court of Justice of the European Union (hereinafter referred to as "CJ EU") and its implementation into Czech law. The thesis is composed of six chapters. Chapter One is dedicated to the general explanation and description of the unfair competition and its subjects. Chapter Two examines the background and evolution of the harmonization process on unfair competition on European level and summarizes present applicable directives. It also provides a brief note on respective Czech regulation in which these European directives were implemented. Chapter Three is dedicated to the subject of misleading advertising as defined by the Directive 2006/114/EC. The first part of this chapter provides a description of misleading advertising, second part illustrates the approach of CJ EU in its decisions. Third part is concerned with the Czech regulation of misleading advertising while it can be concluded that Czech regulation is sufficient according to required European standard without further need of implementation. Chapter Four is concerned with the comparative advertising and is subdivided into three main parts. Its first part contains a summary of conditions under...

The Comparative Advertising - development of regulation in the Czech legal order Resumé My thesis analyzes the legal regulation of the comparative advertising in the Czech Republic. It deals not only with the current legislation, but it looks at the historical development and future perspectives too. The goal of my thesis is to provide a thorough guide to the development of its legal regulation within the particular eras of the Czech history, describe different approaches of legislators, judges and professionals, and eventually, I try to evaluate the current situation and draw conclusions. At the very beginning after my introduction I put a short chapter containing a few words about the term "comparative advertising" itself and about the different types of comparative advertising. Then, in the following chapter I chronologically address the issues of legal legislation in the history of the Czech Republic: the first part is dedicated to the time period of so called "First Republic" and its Law on protection against unfair competition and its vast judicature. The second part is concerned with the socialist era in our history, the complete rejection of the economic competition as such and the logical decline in the interest in the unfair competition legislation. The last two parts of this chapter mention the...

European Law Against Unfair Competition Resumé This diploma thesis deals with the European (EU) law against unfair competition, or more specifically with the legal regulation of two directives of European Union, which are the ones for the european law against unfair competition most significant, Misleading and Comparative Advertising Directive and Unfair Commercial Practices Directive. The purpose of this thesis is to provide comprehensive and understandable overview of the legal regulation of both above mentioned directives, to analyze selected judicature of the Court of Justice of the European Union related to these directives, to briefly outline interpretation problems arising from the transposition of both directives to the Czech legal order, which were identified by professional literature. The content of this diploma thesis is divided into 5 main chapters. After the Introduction follows the chapter briefly defining the main notions, economic competition, competition law, the law against unfair competition and unfair competition. The second chapter deals with the development of the European Law against unfair competition till the present day. The third chapter provides overview of the legal regulation of Misleading and Comparative Advertising Directive, describes factual basis of the misleading...

The theme of my thesis is "The concept of an average consumer in the Czech and European law." The concept of a consumer and its evolution is explained in the first chapter. In the Czech legislation, I focused on the consumer in terms of private and public law. The notion of the consumer is explained from the perspective of the Czech law, the French legislation and, ultimately, the European legislation. Furthermore the French Consumer Code is discussed and its advantages and disadvantages in a light of the German model of consumer law, which is included in the Czech legislation. Finally, I have studied the impact of the European case law on the development of the concept of the consumer and possible proposals for consumer law de lege ferenda. In the second part, the attention is paid to the average consumer. The work deals with its origins in the Czech, German and European case law. Thesis describes a development from an empirical approach, when sociological surveys were used in assessing the impact of business practices, to the normative concept of an average consumer, which is applied consistently with regard to the decision-making practice of the Court of Justice of the EU. The average consumer is a legal construct, an exemplary consumer, from which is expected a certain degree of attention,...

The thesis deals with the most common cases of unfair competition punishable under general clause, such as "snowball", botheration of consumer, unfair advertising, exploitation of feelings, etc. There is also outlined the development of the law against unfair competition, the subjects of unfair competition and the crucial term "general clause". The following chapters are concerned with the European Unfair Practises Directive and legal means of protection against unfair competition. The last chapter deals with the upcoming new Civil Code and its regulation of the law against unfair competition. It also includes suggestions de lege ferenda.

This theses focuses on the possible legal protection of a computer program as well as on the legal nature of computer program as an intangible asset. Both copyright protection (as a standard and worldwide accepted means of protection) and also the other possibilities, i.e. patent protection and protection based on provisions regulating an unfair competition are discussed. Each means of protection is assessed based on its usability in relation with the computer program taking the overall impact on the information technology branch as such into account. Furthermore, this theses involves critical evaluation regarding the capability of traditional model of distribution and protection of computer programs to face the rapid technological development in the digital era. With respect to this fact some alternative models (SaaS, Free Software) are cited and an analysis of their practical applicability and perspectives of the future development is conducted