Srovnávací reklama

Abstract

The bachelor thesis deals with a comparative advertising. The aim of the thesis is to provide with a comprehensive overview of the Czech private-law regulation related to a permissibility of the comparative advertising and its usage in practice.

In theoretical part of the thesis, common forms of the comparative advertising are described. The European regulation of comparative advertising is outlined together with a need for it to be harmonized with the legal regulation in the EU member states. Further, the Czech legislation is introduced as well as comparative advertising´s position in the context of general clause of unfair competition. The biggest space is devoted to particular conditions of the comparative advertising permissibility.

In the practical part of the thesis, advertising cases of Czech practice are assessed. Based on theoretical knowledge, found facts are demonstrated on practical cases; it is assessed whether it is the comparative advertising and whether it is permissible.

In the conclusion, findings on permissibility of particular advertising cases are summarized. Along with it, the conclusion on the most often not met condition of the comparative advertising permissibility is made; such not met condition is downplaying ban or deceptive advertising ban. Reasons for a rare occurrence of comparative advertising in the Czech market are outlined, too. Insufficient knowledge of the law, fear of a direct confrontation or an option to transfer gained attention to another competitor belong to those reasons.