Comparative Advertising Legal Regulation Research

Comparative advertising is special type of advertising. It's characteristics is to show the advantages of one's products or service by comparing with the other congener competition products or service against .For this, comparative advertising is highly praised by the business man.But as anything, comparative advertising comprises both advantages and disadvantages. It induce quite a lot entanglement. Now, legal institution about comparative advertising is far from perfect in China. So it's important to pay more attention to that how to bring comparative advertising into the legislation, so that it can operate without harm. That also is the focus of this paper. By analyzing the basic theory and the rationality and validity of comparing advertisement and using the advanced experiences of other countries and Taiwan for reference, the author seeks to explore the law regulation of comparative advertising. According to this thinking, this paper is composed of foreword and six chapters.Chapter 1 of this paper discusses the basic theory of comparative advertising. Firstly ,discusses the definitions of three key words:"comparing","competitor","congener competition products or service",which constitute the definition of comparative advertising. Then analyzes the function and the risk of comparative advertising, At the end of this chapter introduce some normal forms of comparative advertising ,which divided by different standards.Chapter 2 of this paper discusses the rationality and validity of comparing advertisement. This part is more important .In this chapter three questions will be answered, they are"weather comparative advertising is valid?""what is the basic theory of the validity ?""what is the standards of affirming validity?"At first, author introduce the three different opinions about the validity of comparative advertising :...