Legal System Of Comparative Advertising

Comparative advertising is expressly or implicitly, to their goods or services with similar competitive relationship with other goods or services are compared to highlight the value of goods or services and feature its own type of ad.Currently, the world's definition of comparative advertising have a unified consensus with the legal systems of different countries and different contexts. On the one hand, advertising comparative advertising can enhance greater transparency in the market and make consumers in the purchase of goods or receiving services more efficient, so that advertisers can more directly manifest the advantage of their goods or service. On the other hand, the existence of comparative advertising are to promote the competition among businesses, prompting them to avoid the "more" at a disadvantage in efforts to improve the quality of its goods or services. However, the analysis of the many benefits of comparative advertising, but also had not to ignore its negative effects. How to use compare ad "double-edged sword" at the cutting edge of real use and the possible dangers of its preventive measures is the focus of systematic analysis of comparative advertising.This article is divided into three parts discussed. The first part is to analyze the theoretical basis of comparative advertising. Theory is an important foundation to guide practice, from the theoretical level, the definition of comparative advertising, forms, positive and risks were clear, and the theoretical basis of the legitimacy of comparative advertising, in-depth analysis of legal practice for the following issues for further analysis to provide adequate theoretical basis. The second part is to analyze the issue of comparative advertising of legal practice. Theoretical analysis of the problem situation can not be divorced from practice, and practice is the sole criterion for testing truth. By comparing and combining the way a typical case, this part analysis the comparison of advertising and the three violations of the relevance of confusion such as the relationship of comparative advertising and business practices against, the relationship of comparative advertising and trademark infringement and the relationship of comparative advertising and false advertising The third part describes the current status of comparative advertising system. First of all, compared to other developed countries to compare observed advertising system, elaborates system of comparative advertising and the integrity of the legislative status of the need for comparative advertising system, finally proposes the concept of establish and perfect the system of comparative advertising. This paper uses a comparative analysis of methods and empirical analysis of the legal issues of Comparative Advertising System.By comparing different countries approach of comparative advertising, this article summarize the common features and forms of comparative advertising and from the empirical level analyze by listing typical cases to explain. View of the lack of comparative advertising practices, the last part sets out the practice of comparative advertising system of the deficiencies and made recommendations for its improvement.