The Juristic Study On Comparative Ads

As one kind of operating model of commercial advertisement, comparative ad appears universally, but it always leads disputes. Due to adopting of the method of comparison, the character decides the coexistent of the advantages and disadvantages Therefore, it is particular necessary to make a research on the legal issues arising from comparative ad for preparing future legislation. It's also the issues the author will discuss.This thesis is constituted of four parts. Part one introduces the definition of comparative ad ,then discuss the characters and the development of the comparative ad. Part two comprises three sections. The. first, discusses the feasibility of comparative ad. Then, analyses the principles by which the rightful comparative ad should stand The comparative ad must be reality ,impersonality ,equity ,honesty and logical. Lastly ,the validity of comparative ad. should contain:(1)The comparison possibility. (2) the statement which would be misapprehensive is not allowed; (3)the statement which would lead tort is not allowed;(4)The languages must be nicety and criterion. Part three includes four sections .Firstly discusses the relations between comparative ad and unfair competition, secondly analyzes the false propaganda ,commercial slander and trademark tort in comparative ad. Then, discusses the purpose and characteristic of the false propaganda and commercial slander and measures that are adopted to deal with the conditions of the overlaps; after that the author discusses the question of whether trademark tort is confirmed...