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1

ZNEUŽITIE DOMÉNOVÝCH MIEN V NEKALEJ SÚŤAŽI

100%
Zlocha L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
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vol. 100
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issue 6
595 – 610
EN
The author describes the abuse of domain names from the point of view of the law against unfair competition. In individual chapters, the author gradually analyses the legal responsibility for unfair abuse of domains and defines passively legitimate subjects. The author also provides the individual reasons why domain name disputes arise. Finally, the author made a legal analysis of the general clause of unfair competition from the point of view of application specificities in the Internet environment and detailed the possibilities of application of special cases of unfair competition. When examining the issue in question, the author relied, above all, on the decision-making practice of the courts and the conclusions of the existing, albeit not too numerous, legal doctrine.
2

SÚČASNÝ A BUDÚCI STAV OCHRANY SPOTREBITEĽA V NEKALEJ SÚŤAŽI

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
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vol. 104
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issue 5
363 – 374
EN
The aim of the presented contribution is an excursion of the legal regulation of unfair competition in relation to the consumer. With the help of legal doctrine and application practice, the author points out the correlation of the law against unfair competition with the consumer protection law. The transposition of consumer directives has led to internal fragmentation of the law against unfair competition. Due to the ongoing process of recodification of private law, it is possible to eliminate the shortcomings of the current legislation.
3
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Konsolidacja, kooperacja i konkurowanie: ich granice w polskim prawie ochrony konkurencji

100%
Piszcz A.
Zarządzanie i Finanse
|
2012
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vol. 1
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issue 3
211-222
EN
The aim of this article is to show that consolidation, cooperation and competing are legally limited by Polish competition law. Simplifying, one can say that they are permissible unless they can lead to distortion of competition. Thus, competition is a phenomenon protected not only in the public interest (as an economic mechanism) but also in the private interest (for the benefit of competitors and consumers).
4

IMMATERIAL PREJUDICE AND ADEQUATE SATISFACTION UNDER UNFAIR COMPETITION LAW AND COPYRIGHT LAW (Nemajetkova ujma a primerane zadostucinenie v prave nekalej sutaze a v autorskom prave)

100%
Vozar J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2010
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vol. 93
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issue 4
323-332
EN
The article deals with the issue of immaterial prejudice. It refers to the theoretical definition of this term. It further analyses conditions of the financial compensation for immaterial prejudice in decision-making practice of Slovak and Czech courts in the area of unfair competition law and copyright law. In this area of law the decision-making activity of a court plays a very important role, therefore the stability in decision-making practice and the stability of criteria for determination on the amount of compensation for immaterial prejudice are crucial.
5

NEKALOSÚŤAŽNÉ KONANIE ZAMESTNANCOV

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
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vol. 103
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issue 6
440 – 452
EN
The author analyses the different types of unfair competition practices of the employees against their employers and legal remedies under the Slovak law. In current business environment with highly developed competition in the various economic sectors, we can observe more frequent occurrence of various types of unfair competition practices. These practices occur in relations of employees to their current employers as well as former employees. Not always „private competitive business“ of former employees can be considered an unlawful conduct. Currently, employers in litigation proceedings regarding unfair competition of their employers are clearly getting the short end. Means of legal protection against these harmful conducts are primarily contained in the provisions of the Commercial Code, the Labour Code, legislation on intellectual property rights and the others.
6

K SPÔSOBILOSTI NEKALOSÚŤAŽNÉHO KONANIA PRIVODIŤ UJMU INÝM SÚŤAŽITEĽOM ALEBO SPOTREBITEĽOM

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
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vol. 101
|
issue 6
583 – 596
EN
From the general and permanent validity of the general clause rises the necessity of fulfilling each of its three qualifying signs, of the terms of the general clause. Only in this case the act may be unlawful and by means of the law sanctioned. The contribution is devoted to the third condition of the general clause of unfair competition, namely the ability to unfairly cause damage to other competitors or consumers. The author gradually analyses the concepts contained in this clause as damage, competitor, consumer and the ability to cause damage. It is not an exhaustive analysis, but an analysis that will be the basis for further examination of this issue.
7
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PENAL PROTECTION OF COMPETITION IN THE LIGHT OF ARTICLE 24 OF THE ACT OF 16 APRIL, 1993, ON THE FIGHT AGAINST UNFAIR COMPETITION (Karna ochrona konkurencji w swietle art. 24 ustawy z dnia 16 kwietnia 1993 r. o zwalczaniu nieuczciwej konkurencji)

100%
Milewicz-Bednarska D.
Ius Novum
|
2010
|
issue 2
153-173
EN
The article is devoted to an analysis of crime typified in Article 24 of the Act of 16 April, 1993, on the Fight against Unfair Competition. Its basic aim is to answer the question whether and to what extent this law provides legal protection for both a client against being misled about the identity of a producer or a product, and a producer against serious damage. The article consists of three parts. The first one is an analysis of the issues connected with the acts of unfair competition. Defining them is a starting point for further discussions. The second part contains characteristic features of the statutory hallmarks of crime typified in Article 24 of the Act on the Fight against Unfair Competition. The discussion is based on the schema: the object of protection, the object party, the subject, the subject party. The third part refers to the concurrence of Article 24 of the Act on the Fight against Unfair Competition with other penal regulations and is their short characteristic. Article 24 de lege lata of the Act on the Fight against Unfair Competition cause many interpretational doubts. The discussion of the described crime leads to a conclusion that the regulation requires amendment.
8

POJEM DOBRÉ MRAVY V KONTEXTE GENERÁLNEJ KLAUZULY NEKALEJ SÚŤAŽE

88%
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.
9

VYBRANÉ ASPEKTY UPLATŇOVANIA NÁROKOV Z KOLÍZIE DOMÉNOVÝCH MIEN S PRÁVAMI NA OZNAČENIE

88%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
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vol. 102
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issue 6
524 – 534
EN
The massive extension of the use of the Internet at the end of the 20th century and at the beginning of the 21th century inevitably led the entrepreneurs to use it for the presentation and performance of their business activities. One of the Internet instruments serving for this purpose is websites, which the user can trace by entering a specific domain name. Each domain name is unique and fulfils many functions. The economic attractiveness and the economic value of domains are the main reasons why we encounter a whole variety of different unlawful procedures and practices relating to domains. The author analyses the legal nature of domains, a collision of domains with the rights to designation and resulting liability relations.
10

EUROPEIZÁCIA PRÁVA PROTI NEKALEJ SÚŤAŽI (HABILITAČNÁ PREDNÁŠKA)

63%
Vozár J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
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vol. 97
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issue 3
217 – 231
EN
Europeization is a modern concept that concerns many fields of law. It did not avoid the unfair competition law, either. This phenomenon can be observed very clearly in the public section of the competition law, which is the law against restriction of competition. It is present – though less distinctly in the private section of competition law, which is unfair competition law. The reason why the phenomenon of Europeization is less distinct in unfair competition law is simple. The antimonopoly law is influenced by the European law directly and nearly in the whole scope of its application. The unfair competition law is influenced by the European law both directly and indirectly, but only in some areas of its application such as misleading and comparative advertising and unfair business practices used by enterprises in relation to consumers on the internal market. In his contribution he deals thoroughly with the harmonisation of Slovak unfair competition law as a result of transposition of the European directives. Transposition of these European directives into our law must respect the terminological system specifics of our law and catch the meaning and spirit of the directive as much as possible. A very important source of positive European law is the decision-making practice of the Commission and the case-law of the General Court of the European Union and the Court of Justice of the European Union that significantly participate in the creation of the content of European legal norms.
11

DESCRIPTION OF THE LEGAL REGIME OF UNFAIR COMPETITION IN FRANCE (Nacrt pravneho rezimu nekalej sutaze vo Francuzsku)

63%
Lapsansky L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 6
571-590
EN
The legal regime of unfair competition on French law is predominantly created by the case law; the legislator intervened later and only in the case of certain partial issues. For adoption and development of sanctions for unfair competition, the case law has chosen the institute of indemnification. It is reflected in the need for the claimant to prove that the unfair competition conduct created a situation that fulfils all conditions for the rise of liability for damage, although the case law has later limited the scope of the condition to prove the damage. Although the explicit classification of the practice under assessment to one of main types of unfair competition conducts is not an obligation, the specification of the conduct under assessment, whether by deciding courts or by the case law, allowed to define four main types of unfair competition conducts, as they are perceived in French law: defamation, confusion, disorganization of business and parasitizing. As the case law included unfair competition issues under the institute of indemnification, the sanction for potential unfair competition conduct could only be the obligation of the violator to compensate for the damage caused; the legislator however has not extended the range of potential sanctions to the preliminary ruling prohibiting unfair competition conducts and publication of the guilty verdict.
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