The Law Regulation Of Comparative Advertisement

As one of the impotent tools providing commercial information, comparative advertisement develops sufficiently and appears universally in the market economy which changes with each passing day. Comparative advertisement is a kind of advertisement which make consumer can distinguish its products or service from others by comparing with other products or service in same competing fields. The appearance of comparative advertisement adapts to the development of market economy and extending of consumer's information need. However, 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 ad for preparing future legislation. The precondition of restrict comparative advertisement is finding the proper definition of its legitimate and illegitimate areas, that also is the focus of this paper.This paper discuss the theoretical basis of the existing of comparative advertisement from also jurisprudence and economics area , combined with development and current of comparative advertisement legislation in many countries, concludes that the attitude of international legislation tends to mitigate, and tends to accept its legal position ,considering of commonality benefit. On base of balancing each side of the behalf, the paper confirms comparative advertisement should be allowed. Because as one kind of commercial behavior, the comparative advertisement may hurt the competition but can also brings and promotes competition. Then it should be restricted. Therefore the legitimacy of comparative advertisement is the legitimacy in a certain space .The paper suggests treat comparative advertisement properly, and divides it into legitimate and unfair areas. The paper also against the totally negative attitude, and confirm the unfair area of comparative advertisement should be the center of regulation. At last the paper suggests adopting the legislation mode of permitting but restricting.By discussing the relationship between comparative advertisement and unfair competition, the paper presents the currently legal inscape when comparative advertisement turns into unfair competition. With analyze on some causes, the paper presents the specifically legal inscape aim at some familiar form of comparative advertisement. Mainly focus on the two special types; one is the problem of aggrieving of misleading advertisement the other is the commercial imputation. The paper confirms that the reason of comparative advertisement aggrieving of misleading advertisement is the comparative method which leads to the unfair conclusion, not the content. Whereas the reason of comparative advertisement aggrieving of commercial imputation is the imputation content which usually is unreal.After summarize the legislating of comparative advertisement in China and overseas, the paper presents some suggestions on how to perfect the regulation of comparative advertisement, in the opinion of protecting social economy, developing the fair competition.