Theory Of Comparative Advertising Competition Law And Regulations

Comparative advertisement is a kind of publicity means that compare theirproducts or service with competitor’s to highlight their own advantages, which is onceabused will probably constitute unfair competition and endanger normal competitionorder. For maintaining public welfare and rules, we should centre the legal definitionof constituting unfair competition by comparative advertisement from the perspective ofCompetition Law to provide specific criterion and practical rules for using thecomparative advertisement.We should consider the comparability of comparison, the objective authenticity ofsubstance, the equity of comparison criteria, honesty and credibility as standard, andcombine with general constitutions comprehensive analysis to judge if the comparativeadvertisement constitutes unfair competition. Whenever the comparative advertisementconstitutes misleading, it is unfair competition, which doesn’t consider the falseadvertisement as a element. The reason why the commercial discrediting comparativeadvertisement is identified as an unfair competition is the malicious attack which isagainst the business ethics.Comparative advertisement should be brought into the adjustment category of thecompetitive law to solve the defect problem on our comparison advertisinglaws.Besides, revising and perfecting the relevant laws, stipulating the definition ofcomparative advertisement, determination criterion and legal responsibility andperfecting the supervision system can lead the development of comparativeadvertisement to a standardized track.