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

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F26482789%3A_____%2F17%3AN0000008" target="_blank" >RIV/26482789:_____/17:N0000008 - isvavai.cz</a>

Result on the web

<a href="https://tlq.ilaw.cas.cz/index.php/tlq/article/view/242" target="_blank" >https://tlq.ilaw.cas.cz/index.php/tlq/article/view/242</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

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

Original language description

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.

Czech name

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Czech description

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Type

J_SC - Article in a specialist periodical, which is included in the SCOPUS database

CEP classification

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OECD FORD branch

50501 - Law

Project

<a href="/en/project/GA17-11867S" target="_blank" >GA17-11867S: Comparison of the interaction between the law against unfair competition and intellectual property law, and its consequences in the central European c</a><br>

Continuities

P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Publication year

2017

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

The Lawyer Quarterly

ISSN

1805-8396

e-ISSN

1805-840X

Volume of the periodical

7

Issue of the periodical within the volume

3

Country of publishing house

CZ - CZECH REPUBLIC

Number of pages

17

Pages from-to

145-161

UT code for WoS article

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EID of the result in the Scopus database

2-s2.0-85029745511