COMPARATIVE ADVERTISEMENT - THE DEVELOPMENT OF REGULATION IN THE CZECH LEGAL ORDER My thesis is aimed particularly to analyse the existing legal regulations on the comparative advertising in the Czech Republic with a view to its comprehensive treatment in the Community law and to summarize the history of the Czech laws not only of the comparative advertising evolution, but also an unfair competition or an unfair advertising in general, as the legislation governing the comparative advertising did not exist until 2001 and particularly the comparative advertising was usually qualified as an unfair competition. The work is divided into seven chapters. First two chapters briefly depict general characteristics of both the economic competition and an unfair competition terms and concepts. The third chapter is devoted to advertising in general. Chapters Four and Five form the core of the thesis. They are dedicated to the phenomenon of the comparative advertising and legislation prevailing in the Czech Republic. In Chapter Four, varying attitudes of different rules of law to comparative advertising are discussed in Section 4.1, and Section 4.2 summarizes the different types of comparative advertising. Section 4.3 is dedicated to the evolution of the legislation on unfair competition or an unfair...

RESUMÉ The concept of an average consumer in Czech and European law The aim of this diploma thesis called "The concept of an average consumer in Czech and European law" is to describe current trends in conceptualization this term. Methods used in this diploma thesis to achieve the defined objectives are the analysis of Czech and European legislation and both Czech and Communitarian case law. There were used monographic and comparative methods too. The initial part of the thesis describes the terms consumer and the average consumer are affected by secondary Communitarian legislation and case law of the Court of Justice of the European Union as well as by the case law of courts of the European Union members states. Another aim of the diploma thesis is to highlight that the model of average consumer needs to be viewed differently depending on in which area of economic competition it is currently located at. It is subjected to diverse claims in various areas. This was proved by several judicial cases. The function of the model of average consumer is to be a substitute for all consumers. Consumers' protection is provided through this model. As it is important to emphasize, the average consumer is just a model and does not strictly remain a legal person. The case analysis and comparisons led to the definition of...

1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...

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...

In my graduation thesis I established a goal to discover most frequent unfair practises, which can come across a czech consumer. To accomplish this goal I've choosed following process. At first I made an enquiry between Organisations for consumer's protection and I visited frequently one of them. Also I get together all literary and virtual sources. Afterthan I made a part of Unfair practises in use, based on the informations from my enquiry and my visitation of Prague's office. In this part I tried to mention as many cosumer's problems as possible. Than I wanted to present possibilities of consumer's defence. Ther are two possibilities. The first is coming from civil law and it is included in the part of Judicature. The second possibility is from statutory law which is mentioned in the part of Activity of supervisor authority. When working on these practical parts I realised many possibilities how to make better the consumer's situation in Czech republic. These proposals I got into the final part of my work. At the end there was no more then to do theoretical or general part. This one was made on the basis of allready existing publications and articles. The real end was the introduction, where I highlighted my goal and I tried to mention problems included in my final thesis.

The topic of this diploma thesis is the relationship between rights of designation and unfair competition law. The thesis is divided into five chapters. The first two chapters define rights of designation and unfair competition law in general and the following chapters concentrate on the relationship between them. The first chapter focuses initially on the place of rights of designation in the system of intellectual propert y law and afterwards it concentrates on particular rights of designation, i.e. trademark, designation of origin and geographical indication. This chapter deals with characteristic features of the rights of designation and differences between them and national, international and european legislation. The emphasis is also put on current issues, that are related to the rights of designation. Chapter two is devoted to unfair competition law. This chapter focuses on legislation of unfair competition and the concept on which unfair competition law is based (that is combination of general clause and non-exhausting list of merits). Subsequently, it defines subjects of the unfair competition and claims that a subject affected by the unfair competition can make. The third chapter, which presents crucial part of this thesis, concetrates on the relationship between rights of designation and...

O objetivo desta dissertação é demonstrar que a responsabilidade civil aquiliana, no ordenamento jurídico brasileiro, tem como pressuposto fundamental a causação de dano injusto. Esse objetivo justifica-se porque existem posições doutrinárias, conhecidas como direito de danos, que defendem a desnecessidade do dano injusto para que seja deflagrada a estrutura de responsabilização civil. Analisam-se, para tanto, a estrutura e a finalidade da responsabilidade civil, bem como o seu enquadramento no sistema jurídico brasileiro. / The aim of this dissertation is to show that the non-contractual civil liability in the Brazilian legal order has as a fundamental presupposition the causation of the unfair damage. This aim is justifiable because there are doctrinaire opinion, known as damage law, that advocate the unnecessariness of the unfair damage to be triggered the structure of civil liability. It analyzes, therefore, the structure and the goal of the civil liability, as well as its fitting into the Brazilian legal system.

Unrelated business enterprises have been an appropriate way for nonprofit organizations to generate income since the first income tax was enacted into law. The Internal Revenue Act of 1950 clarified this opportunity and enacted the Unrelated Business Income Tax to ensure that fair competition existed between nonprofits and for profit organizations. Nonprofit organizations conducting unrelated business enterprises are faced with a dilemma: it is legal for them to conduct such enterprises but if they do so they face potential litigation from for profit business for unfair competition and/or potential loss of tax-exempt status for operating outside of their exempt function. This dissertation traces the history and theory of tax-exempt status, the history of unrelated business enterprises, and how several states, including Oregon, have addressed the issue. It then explains two major pieces of litigation in Oregon in the 1980's, Southern Oregon State College and YMCA of Columbia-Willamette, then discusses the history of the media attention and legislative/bureaucratic action in the same period. Current litigation and media attention is then discussed. The paper then discusses two theoretical frameworks, Agenda Building and Advocacy Coalition, as a means to analyze the data. Following is a discussion of how the issues of unrelated business enterprises and unfair business competition can be handled by nonprofits and the changing criteria for tax-exempt status in Oregon. The dissertation concludes with the changing criteria for tax-exempt status in Oregon and fundamental philosophical and political issues yet to be decided. Included are recommendations such as a periodic review of tax-exempt status of nonprofits, the need for nonprofits to continually review their mission and exempt purpose, the need for nonprofits to maintain their relationships with the community they serve, and how nonprofits need to develop a self-governing program before government develops one for them.

1 Legal regulation of content of B2C contracts (from the perspective of consumer protection) Abstract This diploma thesis is dedicated to the legal regulation of the content of the consumer contract from the perspective of the consumer. In particular, the thesis is aimed at the adjustment of the unfair terms regulation which analyses profoundly. The transposition of the European regulation and possible shortcomings are evaluated. The thesis is divided into six main chapters, which develop the topic from general basics to the specific aspects of the consumer protection against unfair terms used by the entrepreneurs. The first chapter deals with the consumer protection in general, presents the main characteristics of consumer law and outlines the most important sources of legal regulation, including constitutional principles. The second part specifies the essential definitions related to the topic and used throughout the diploma thesis. The emphasis is given to the problems associated with the concepts of consumer contracts and entrepreneurs and consumers as contractual parties. The third chapter looks id detail into the subject of unfair terms when it comprehensively deals with the general definition of unfair clauses in the Unfair Terms Directive and the Civil Code. The emphasis is given to the each...

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / The coming into power of the democratic government played an important role in transforming South African labour law system. After the Labour Relations Act 66 of 1995 (LRA) was implemented on 11 November 1996, the old Labour Relations Act of 1956 was repealed. The law on retrenchment forms an integral part of law of dismissals. The South African labour market has in the past years been characterized by restructuring and consequently retrenchment of employees. In most cases, employer’s decisions to retrench were challenged by the employees and unions in courts. Section 189 of the LRA stipulates procedures to be followed by an employer when contemplating dismissal of one or more employees for reasons based on operational requirements. The employer does not only have to follow the procedures set out in section 189 to render dismissals for operational reasons fair, but there must also be a valid reason to dismiss. The courts have always not been willing to second-guess the employer’s decision to retrench provided that the decision is made in good faith.