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...

Magister Legum - LLM / People with disabilities are a minority group who has suffered disadvantage especially in the workplace. They currently enjoy Constitutional and legislative protection in a democratic South Africa. / South Africa

Section 157 of the LRA provides for the nature and extent of the Labour Courts jurisdiction. This provision has been subjected to extensive interpretation by the Judiciary and the various interpretations of the courts have not been entirely consistent. Specific mention is made of the relevance and applicability of section 157(1) and (2) of the LRA regarding the overlap between administrative law and contractual law into labour law. Reference will be made to case law specifically dealing with cases concerning the jurisdiction of the civil courts and labour courts where cases concerning employment and labour matters were brought either in terms of the PAJA or on the basis of contract law. The question arose whether matters which appear to be quintessential labour matters but simultaneously also capable of being entertained on the basis of the PAJA or in terms of contract law are matters which, generally, in terms of section 157(1) of the LRA fall within the exclusive preserve of the Labour Court or, in terms of section 157(2) of the LRA, fall within the concurrent jurisdiction of the High Court and the Labour Court. The discussion which follows will also include reference to the current legal position pertaining to the prohibition of public sector employees from pressing their claims relating to employment or labour matters in the civil courts on the basis of the PAJA as decided in the Chirwa v Transnet Ltd (2008) 2 BLLR 97 (CC) and; the impact thereof on employees pressing claims pertaining to employment and labour matters in the civil courts on the basis of contract law. In addition the similarity of considerations which are common to both administrative law and contract law regarding the “overlap” of each into labour law will be considered and discussed. In the light of the discussion which follows agreement will be expressed with certain decisions of the High Court and the SCA where civil courts were held to retain jurisdiction to entertain common law contractual claims concerning labour and iv employment matters as opposed to restricting all employment and labour matters to the forums established under the LRA and to claims and remedies which are provided for by the LRA.

No description available.

No description available.

On October 24, 1985, the Commerce Department issued its final anti-dumping ruling against 8 Japanese manufacturers of cellular mobile telephones (CMTs). This decision supports the year old petition filed with the International Trade Commission (ITC) by Motorola along with two other U.S. manufacturers of cellular mobile telephones (CMTs), General Electric and E.F. Johnson. These firms claimed their Japanese counterparts were selling or would likely be selling the new phone products at 'less than fair value' (LTFV) on the U.S. market. And the imports were materially injuring or threatening materially injury to the U.S. industry. As a result, the U.S. manufacturers were seeking the imposition of hefty dumping duties on the Japanese CMTs. The U.S. manufacturers reasoned that since duties are usually passed onto the consumer in the form of price increases, the Japanese merchandise would become relatively less competitive on the U.S. market. The dumping margins reported in the final decision by Commerce are as follows: Matsushita (Panasonic) 106.6%, NEC 95.57%, Mitsubishi 87.83%, OKI 9.72%, Hitachi (the OEM to AT&T) 2.99%, All Others 57.81% (the composite of the weighted average dumping margins computed individually for Fujitsu, Japan Radio and Kokusai Electric).¹ Only Toshiba (the OEM to Audiovox} emerged unscathed from the investigation. Thus, Toshiba is now exempted from any dumping duties to be imposed by U.S. Customs against other Japanese manufacturers. According to the Commerce brief, the final decision was based upon confidential financial data secured from each of the Japanese manufacturers under investigation for the period April to November, 1984. 2 Commerce reviewed each firm's financial statements showing research and development, production and general, sales and administrative costs. By aggregating the costs and computing a standard 8% profit margin on top, Commerce was able to construct a 'fair value' price for the CMTs sold by each Japanese manufacturer. Thus, if this 'appropriate' price was found to be above the particular exporter's sales price (ESP), Commerce determined the exporter to be guilty of dumping on the U.S. market. The dumping margin is simply the difference between the 'fair value' price and the ESP for the specified time period. U.S. Customs officials have already been directed to continue to require cash deposits or bonds from the importers of CMT's equal to the amount 'by which the foreign market value of the merchandise subject to this investigation exceeds the U.S. price' as represented by the final dumping margins. Customs began this practice under the preliminary Commerce decision issued last June. In addition, the ITC must issue its own final ruling on the existence of material damage to the U.S. industry within 45 days of the Commerce decision. If the ITC determines material injury exists, Commerce will issue an anti-dumping duty order and the bonds placed with Customs currently will be converted into duties. Since the preliminary rulings by the ITC and Commerce as well as Commerce's final decision have gone against the Japanese, it is highly unlikely the ITC will rule otherwise. Except for Matsushita and NEC, the final dumping margins differ significantly from the dumping margins determined by Commerce in its preliminary decision made June 5, 1985 as well as from the original petition filed with the International Trade Commission (ITC) by the U.S. manufacturers.³ For example, in the preliminary Commerce ruling, Hitachi was found to be dumping CMTs at a 20.9% margin. In the final decision, Hitachi CMTs were later found to 3 be 'underpriced' by a relatively miniscule 2.99%. And Toshiba, originally determined by Commerce to be dumping on a 4.77% margin, proved in the final determination not to be selling at less than fair value at all. At the other extreme, Mitsubishi was originally found to be dumping at a 21.94% margin; in the final determination the margin widened to 87.83%. The investigative period covered by the final Commerce decisions and the computed dumping margins are strictly confined to the 1984 timeframe of the original petition (during which the 'market' was struggling to emerge). Yet the duties are to be imposed on today's imports --under vastly different market conditions from those existing in 1984. And as stated by the ITC in their preliminary decision: There is no information relating to the nature and extent of the alleged sales at less than fair value other than allegations of the petitioner, and the alleged LTFV margins calculated by the petitioner.... On the basis of home-market prices, and selected large volume sales or offers in the United States, Motorola calculated dumping margins for all nine Japanese manufacturers known to be selling the subject product In the United States. The alleged dumping margins range from 45 to 111 percent.⁴ Why such vast differences over the same set of data between rulings? The numerous discrepancies in the actual data used in the analysis warrant a much more critical examination of the original petition. Yet, the final Commerce decision supposedly closes the debate over the existence of unfair trade practices by Japanese manufacturers of CMTs with an affirmative nod to U.S. manufacturers. At the very least, both the dumping allegations and 'fair value' methodology used by Commerce, ITC and the original petitioners to determine the existence of Japanese predation should be tested from an economic (as opposed to simply political) basis. In addition, the repercussions of the final Commerce decision on overall competition, innovation and trade should be examined. / M.A.

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...

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...

Univ., Diss.--Bayreuth, 2006. / Literaturverz. S. [213] - 223.