| Comparative advertising is a type of advertising, plays a very important role in our society. Consumers can get product and service information from it and business man can get competitive advantage, however, like a coin has two sides, comparative advertising has two sides. For one thing, comparative advertising is highly praised by the business man, it show the advantages of the products by comparing with the other products or service. For another, it is also the compare method,may belittle each other or damage other’s business reputation. As the market economy developing, legal institution become more and more in our daily life.So it is important to pay more attention to let the comparative advertising under the legislation. This paper focus on how to make comparative advertising into the legal regulatory system.This paper is divided into four parts, the general theory of the first part introduces the comparative advertising. Analyzes the difference of comparative advertising about meaning, legal characteristics and manifestations in different countries, Meanwhile,. The legitimacy and rationality of the comparative advertising were analyzed from two aspects of competition in the role and freedom of expressionSecond part refers to comparative advertising in other countries. American encouraged comparative advertising, in EU, different country has different idea, in order to solve this problem, the EU has published84instructions and97instructions, include the meaning of comparative advertising and legal standard, however,in this part, author also play more attention on analyzes a classic case of Coca-Cola and Pepsi-Cola.Third part analyzes China’s comparative advertising model from the current state of legislation and practice, conclude the problems about comparative advertising in ChinaForth part based on above mentioned information, give some suggestions to perfect the legal norms of comparative advertising in China, especially, Strengthen the industry self-regulation... |
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