The Legal Issues Of Comparative Advertising Research

Comparative advertising is a special phenomenon in advertising activity. It is preferred by the traders because it not only can reduce the cost of goods but also can bring superior goods into the marketplace. The inherited feature of contrasting determines that comparative ads is difficult to be controlled and easily evokes many legal questions.This dissertation is divided into four parts. The first part focuses on the basic problems including the definition, the different types and legal features of comparative ads. The second part investigates the ways to regulate comparative ads. By analyzing the legal relation in comparative ads, the author thinks that the key to regulate comparative ads lies in how to balance the right to freedom of speech of advertiser and the right of goodwill of competitor, and then analyzes the principles of regulating comparative ads and problems of applying these principles. The third part compares the different types of regulation in Common Law and Civil Law Systems. The main purpose of the comparison is to explore the feasibility of using the experience of western legislation for reference by China. The last part of this dissertation advances some proposals by analyzing present situation in legislation, judicial practice and the necessity and feasibility of perfecting regulations on comparative ads in China.