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The  misleading perception of the purpose of the protection against misleading advertising by the EU law and its impact on the Czech Republic

100%
MacGregor Pelikánová R., Císařová J., Beneš M.
The Lawyer Quarterly
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2017
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vol. 7
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issue 3
145-161
EN
For over three decades, the EU, along with EU member states, has recognized the vital importance of the protection against unfair competition as well as the recognition of the significance of intellectual property. Despite strong rhetoric and developed policies, it appears that the Directives trio - Directive 84/450, Directive 2006/114 and Directive 2005/29 - is neither consistent nor reconciling the involved concepts and priorities with respect to the regime of the protection against misleading advertising. Consequently the national transpositions are struggling and do not lead to easily interpretable norms, e.g. the Czech endeavors in this respect, along with the massive Czech private law re-codification adding even more confusing elements, such as the definition of the average consumer. Certainly, the tension between competition law, unfair competition law, consumer protection law and intellectual property law makes it very challenging to reach a well-balanced harmonized protection against misleading advertising. However, the critical historical study of these Directives and statutes and key interpretation instruments, along with the involvement of the teleological approach, Meta-Analysis and Socratic questions, points to one strong cause of the confusion, if not inconsistency, of the current misleading advertising regime in the EU law, and consequently as well in the Czech law - the misleading perception of the purpose. Thus, it is crucial to finally cross the Rubicon and become clear about the very fundament - about the very purpose of the protection against misleading advertising.
2
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The  right to be forgotten in the Czech Republic

100%
Hurdík J.
The Lawyer Quarterly
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2018
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vol. 8
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issue 4
423-433
EN
The author of this article focused his attention on the new wave in the frame of privacy protection in the EU law: from co called "right to be forgotten" (case Google vs. Gonzáles) to General Data Protection Regulation (GDPR). Author explained expecially the impact of the recent European development of the personal data protection on the Czech law including the newly prepared Czech Personal Data Protection Act, the changes of doctrinal thinking and the challenges to the juridical practice in the Czech Republic.
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New Czech Civil Code

84%
Nemcová M.
Studia Iuridica
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2017
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vol. 72
245-265
EN
The paper is devoted to the new Czech Civil Code, thanks to which the Czech private law has experienced its greatest legislative change in the last fifty years representing its ultimate diversion from the socialist law principle. The author discusses briefly the development of Czech private law in general, as well as the recodification process. However, the focus of the paper lies mainly in the presentation of the new Czech Civil Code to the public of Visegrad Group countries. The aim of the presented paper is to provide a complex and unbiased view on the new Czech Civil Code, which in some respects may serve as an inspiration for the drafters of the new Slovak and Polish Civil Code.
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