Comparative Advertising Legal Regulation Research From The Perspective Of Competition Law

Advertising is a bridge between producers and consumers.As a unique method of publicity,it attracts consumers to purchase products or services and is favoured by producers and business operators.Comparative advertising is a special form,because it compares a company's products with similar goods or services to show their superiority.First used in the United States,it is now widely used in the field of market economy in China,and most countries in the world have confirmed its legitimacy.Comparative advertising has not been clearly defined in China,and it has been controversial for a long time.On one hand,it provides consumers more valuable information when choosing and buying goods and it promotes competition in the market.On the other hand,due to imperfect legal regulation,some operators abuse comparative advertising,endanger the fair market competition environment.With the development of the socialist market economy,comparative advertising has entered all aspects of our lives.At this stage,our comparative advertising laws are still imperfect,Firstly,comparative advertising has not yet introduced clear legal provisions.Secondly,administrative regulations and departmental rules in the provisions of comparative advertising,mostly using "no" and "prohibited" or other negative wording,are scattered and repetitive.Not only does this cause legal inconvenience,but it also shackles the development of comparative advertising,Finally,the lack of effective regulation of advertising ensures that illegal acts cannot be punished.This paper will study a large amount of data and literature from the perspective of competition law on comparative advertising.First we mustclarify the concept and types of comparative advertising in order to compare the ads for recognition and identify a variety of comparative advertising in the market.Second,we will analyse four constituent elements of unfair comparative advertising: impropriety of subject,subjectivity,objectivity,and object infringement.We will analyse the forms of unfair comparative advertising,including false advertising,vilified goodwill,and business logo infringement,Finally,based on holes in our comparative advertising legislation and judicial practices compared to advanced foreign legislative experiences and judicial practices,we will put forward solutions to maintain the stability of the market economy and determine the best direction for the use of comparative advertising in the future.