| Abstract [eng] |
Similarities and Differences between Unfair Competition and Unfair Commercial Practice Control as a Right Protection Remedy The master 's thesis analyzes the similarities and differences between Control of Unfair Competition and Unfair Commercial Practices as remedies of Rights Protection, by examining certain statements formulated by various authors, studying the provisions of national and foreign legal acts, case law of national courts and decisions out - of - court bodies. In view of certain regulatory features of the areas of law examined, the thesis' main topic had been analysed not by comparing the latter areas, but by delving into it's essence and historical development, emphasizing their interrelation and coexistence in the legal system. The Thesis disscuses the need for changes in the regulation of the areas of law analysed, namely the consolidation of latter areas into a single legal act, regarding it's conceptional essence. The emphasis was on the Germany's (as one of the most importan countries' in the development of unfair competition law) regulatory peculiarities, noting it's particular model of legal regulation, providing protection for all of the market participants. The analysis of historical sources and the legislation of some foreign countries has led to a firmer conclusion on the unity between the control of unfair commercial practices and the unfair competition law, considering the use of aforementioned different concepts only as a formality. Although the current legal regulation on ensuring business integrity in Lithuania is sufficiently comprehensive and provides for a number of legal remedies available to the market participants, a certain problem is seen in the demarcation between unfair competition law and control of unfair commercial practices. In order to ensure the consistent operation of the areas of law examined, taking into account the historical origins and essence of the latter area, it would be reasonable to use the classical (German) model of unfair competition law regulation as a certain benchmark for possible future developments. |
