| Abstract [eng] |
Trademark Law and Protection against Unfair Competition: Intersection and Ratio Problem. Whereas the law doctrine has not yet provided for an unambiguous answer concerning the problem of the crossing and relationship between the trademark law and protection against unfair competition, in the Master’s thesis the author analyzes the conceptual issue – in which cases the regulation of trademark law crosses with the provisions on the protection against unfair competition, what is the problem in the relationship between these two institutions and what general rules should govern the settlement of conflict situations. When answering these questions, it should be noted that the institutions of the trademark law and protection against unfair competition have different functions and different goals. Therefore, precisely because of that the trademark law and protection against unfair competition cannot be considered as equal measures protecting the legal interests of the owners of trademarks, consumers and the general public. In the first section of the Master’s thesis the concepts of the trademark law and protection against unfair competition as well the essential differences between these two institutions are analyzed. This section focuses on the analysis of the functions and goals of the trademark law and protection against unfair competition as well as on the systematic evaluation of the specific features of these two institutions. In this section the author also seeks to evaluate the impact of the functions of trademarks on the limitations of the protection of trademarks and the place of the trademark law in the law system in respect of the protection against unfair competition. In the second section the problematic aspects of the application and interpretation of the legal norms regulating the trademark law and protection against unfair competition in case of crossing are analyzed. The author also seeks to analyze in what scope the protection against unfair competition should be applied so that it would not limit or expand the regulation set forth in the trademark law. The author focuses on the problems of the application of Art. 15(1)(1) of the Law on Competition and the analysis of the provisions laid down in the Law on Trademarks. In addition, the specific features of implementing the provisions of Article 10 bis of the Paris Convention and the TRIPS Agreement. In the third section of the Master’s thesis the author analyzes infringements of the trademark law when either the possibility of misleading is present or the reputation of a trademark is harmed. Moreover, the author analyzes the specificity of the application of the trademark law in specific cases, which include registration of trademarks with deceitful intentions, protection of famous trademarks and possibilities to protect trademarks with good reputation. After analyzing the issues raised in the thesis and evaluating various points of views, the personal position of the author of the Master’s thesis is presented. |
