On Substantiation of Facts in Disputes Concerning Unfair Competition

Law against unfair competition protects some cases of intangible property and values (company and product titles, good reputation of enterprising subjects and their know-how). Unfair competition (especially false advertising, creating the danger of confusion, making use of someone else's reputation) can concern ne­gatively a wide range of subjects. These situations are, of course, reflected in cases concerning unfair competition. The Czech version of procedural law does not incorporate this sufficiently, therefore it is often in need of being added certain procedures resulting from the practice of civil procedure. It is the case with, above all, prima facie evidence, factual throwing the burden of proof on the opposing party, hypotheses deducted from general human experience, explanatory duty of the sued party, etc. When applying these procedures one can consult the theory of procedural law as it can, in Czech professional literature, be found in the work of Josef Macur.