Research On Legal Problems Of Parasitic Advertisement

Parasitic advertisement is a kind of targeted,efficient and close to the consumer means of publicity.But if it is not regulated reasonably,it is easy to destroy the market order and affect the economic development.It is the two sides of the parasitic advertisement that determine its advantages and disadvantages in the market competition.The author starts from the relevant overview of parasitic advertising,discusses the legitimacy basis of the existence of parasitic advertising,and puts forward suggestions for its legal regulation.Parasitic advertisement refers to the advertisement in which the actor uses others’ popularity or social status to publicize his own goods or services,so as to obtain trading opportunities.The parasitic advertisement has the characteristics of the uncertainty of the main competitive relationship,the popularity of the climber and the appreciation of the climber.At the same time,the differences between parasitic advertisement and comparative advertisement are mainly reflected in the main requirements,publicity methods and publicity results.In practice,the most common ones are the parasitic advertisements with false propaganda and the parasitic advertisements that damage the goodwill of others.The existing laws and regulations in China are mainly local tourism rules and regulations,which are not applicable,and lack of standards to judge its legitimacy.At the same time,there are some shortcomings in the supervision of administrative departments,self-discipline organizations and social supervision of parasitic advertisements.The legal existence of parasitic advertisement in the United States is mainly based on the freedom of commercial speech and the right of consumers to know.The EU directive,the French consumer code and the British trademark law all involve the regulation of parasitic advertisement,including having to make proper use of the goodwill of competitors,not having the possibility of misleading,and the objective and true content.On this basis,the enlightenment is as follows: first,we should pay attention to protecting consumers’ right to know;second is to improve the supervision of industry associations.Therefore,to improve the legal system of parasitic advertisement,the first is to build a regulatory system dominated by the advertising law and add clauses to adjust the parasitic advertisement.The second is to establish the judgment principle of the legitimacy of the attached advertisement,including the principle of objective and true content,the principle of prohibiting misleading consumers,and the principle of forbidding "association of the same origin".Finally,improve the regulatory system to create a good market competition environment.