Study The Legal Issues Of Comparative Advertising

Comparative advertising is a kind of special advertising. It has already appeared universally .The success of the comparative ad lies in the fact that the comparative effect occurs, which depends on the detail comparison of different products or service, it can help consumer to chose something that they want to buy. It is preferred by the traders because it not only can reduce the cost of goods but also can bring superior goods into the market .Due to adopting of the method of comparison, the objective character which decides the coexistent of the advantages and disadvantages will lead more disputes. Therefore it is particular necessary to make a research on the legal issues arising from comparative advertising for preparing future legislation. It is the main aim the author discusses.This thesis is divided into three parts. The first part discusses the basic legal issues of comparative ads .It includes the definition, the different types, legal features, the validity important documents and the virtue of the comparative ads .The main types of comparative ad are divided into three sorts. The first is direct comparative ad and indirect ad according to competitor mentioned or not, the second is comparative ad of commodity and service comparative ad in the light of the concrete object of comparison, the third is growing climbing comparative ad and critical comparative ad based on different attitude of competitor. Finally by the analysis of comparative ad, it can be defined as follows the advertising from commodity producer and service supplier can take the exclusive effect by comparing directly or indirectly own products and services with other's in the same competition, such comparison could distinguish other competitor or material characteristic of commodity.The second part discusses the practice of the comparative ads .It comprises three sections, the judge and analyzing of the comparative advertising cases, the comparative ads and the act of unfair competition, the comparative ads and trademark tort. The third part discusses the legislationon comparative ads including the pattern of legislation of the other countries, analyzing the current conditions and defects of comparative ads in our country, the forward opinions of the author about the perfection of the legislation on comparative ad. The thesis put forward some specific proposals to strengthen the legal adjustment, the comparative standard or contents, the burden of proof and legal liability should be regulated. In advertisement law, the comparative ad and corresponding legal liability should be prescribed exclusively and definitely.All in all, the article studies and analyzes the general principles of comparative advertising, legislative, judicial practice these issues and integration of advanced foreign experience in the advertising law in order to improve our comparative advertising on the legal provisions and so as to maximize comparative advertising more active role t but limit their negative effects, thus better promote the development of the socialist market competition.