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1

POJEM DOBRÉ MRAVY V KONTEXTE GENERÁLNEJ KLAUZULY NEKALEJ SÚŤAŽE

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
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vol. 98
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issue 4
354 – 364
EN
In this contribution the author discusses legislatively indefinite term of standard practices of competition. In order for a conduct to be qualified as conduct of unfair competition there must be cumulatively fulfilled all features of the general clause of unfair competition as defined in § 44 of the Commercial Code. One of these features is the conflict of such conduct with accepted practises of unfair competition. Commercial Code does not contain legal definition of what standard practices of competition mean. The term of conflict of such conduct with accepted practices of unfair competition evokes in legal doctrine but also in the decisions of courts most interpretative difficulties. However, numerous attempts to define term of standard practices of competition, either in case law or legal doctrine, we consider inappropriate, since this term has its own local, temporal and factual connection. Every judicial decision should in its reasoning quite clearly clarify not only why the judge on the case applied standard practices of competition but it must be evident how the judge evaluates a specific situation in terms of compliance or noncompliance with standard practices of competition.
2

ROZLIŠOVACIA SPÔSOBILOSŤ FARBY AKO OZNAČENIA SPÔSOBILÉHO BYŤ SAMOSTATNÝM PREDMETOM OCHRANNEJ ZNÁMKY

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 1
72 – 84
EN
The author analyses the distinctive power of colour as marking capable of being autonomous subject of a trademark and the conditions that must be fulfilled for such abstract colour marking to be entered into the register of trade marks. The core of examination of this issue is the case-law of the Court of Justice of the European Union, through which the Court of Justice provides binding interpretations for individual provisions of the Directive 2008/95/EC of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks.
3

ZÁLOŽNÉ PRÁVO NA PODNIK AKO ŠPECIFICKÝ PREDMET ZÁLOŽNÉHO PRÁVA V PRÁVNOM PORIADKU SR

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 2
140 – 153
EN
The aim and purpose of this contribution is to inform the reader about the specificities the parties to legal relations must deal with when establishing, creating and exercising the lien on the enterprise. The Slovak legislation is sufficiently flexible and provides a wide field for contractual autonomy of the parties with respect to the means of the exercise of the lien. While in the laws of developed countries this institute has a long tradition, under the Slovak law the lien on the enterprise can be established from 1 January 2003, when the amending act to the Civil Code entered into force and significantly affected the whole legal regulation of the lien in Slovak private law. The amending act is based on the Model Law on Secured Transactions developed by the European Bank for Reconstruction and Development.
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