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Trade name and unfair competition

Summary/Abstract: The paper deals with the legal regulation of trade name and its protection in according to Commercial Code (Act No. 513/1991 Coll.). This protection is divided into two ways: the first one is called the absolute protection (Section 12, Commercial Code), the other one is called the relative protection, e. g. legal regulation of unfair competition (Section 44 and subsq., Commercial Code). The principle of non interchangeability and restriction of misleading of trade name (Section 10, Commercial Code) is common for the both ways of its protection. Everybody has to observe these conditions and not to violate a law - Section 44, Commercial Code. The paper refers to some questionable legal section in each of the both ways of the protection of the trade name and suggests various practicable solutions.

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