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Definition
Definition
2"#
DEFINITION OF COMPARATIVE ADVERTISING
$%&E' MIS()*+,I#-).N/'
Professor of Law, Director of Institute of Civil Law
Head of Commercial Law Department, University of Miskolc
355 Miskolc!"#yetemv$ros, Hun#ary
jogdrmbp@uni-miskolc.hu
%ield of researc&' commercial law
Abstract' (&is study divided into t&ree parts) %irst c&apter tries to s&ow t&e economic function of t&e
comparative advertisin#, its risks, interests to *e protected and t&e main features of its re#ulation) (&e
second part is a*out t&e definition of comparative advertisin#) + new draft directive is analysed in
t&e t&ird c&apter as a possi*le solution to create two kinds of comparative advertisin#) In t&e
summary t&e aut&or tries to s&ortly assumin# main ideas of t&e study and #ives some remarks and
critics)
I. Comparative advertisin in enera!
,efore analysin# t&e definition of comparative advertisin# useful to s&ow t&e comparative
advertisin# in #eneral)
Comparative advertisin#, as a special form of advertisin#, is a sales promotion device t&at compares
t&e products or services of one undertakin# wit& t&ose of anot&er, or wit& t&ose of ot&er
competitors) +ll comparative advertisin# is desi#ned to &i#&li#&t t&e advanta#es of t&e #oods or
services offered *y t&e advertiser as compared to t&ose of a competitor) In order to ac&ieve t&is
o*-ective, t&e messa#e of t&e advertisement must necessarily underline t&e differences *etween t&e
#oods or services compared *y descri*in# t&eir main c&aracteristics) (&e comparison made *y t&e
advertiser will necessarily flow from suc& a description)
". F#nction o$ comparative advertisin
Comparative advertisin# s&ould ena*le advertisers to o*-ectively demonstrate t&e merits of t&eir
products) Comparative advertisin# improves t&e .uality of information availa*le to consumers
ena*lin# t&em to make well!founded and more informed decisions relatin# to t&e c&oice *etween
competin# products/services *y demonstratin# t&e merits of various compara*le products) ,ased on
t&is information, consumers may make informed and t&erefore efficient c&oices) 0(&ese statements
are true only if t&e comparative advertisin# is o*-ective)1
Comparative advertisin# w&ic& aims to o*-ectively and trut&fully inform t&e consumer promotes t&e
transparency of t&e market) Market transparency is also deemed to *enefit t&e pu*lic interest as t&e
functionin# of competition is improved resultin# in keepin# down prices and improvin# products)
Comparative advertisin# can stimulate competition *etween suppliers of #oods and services to t&e
consumer2s advanta#e)
%. Ris&s o$ comparative advertisin
Comparisons *etween #oods and services of different undertakin#s carry wit& t&em some
si#nificant risks) (&ere is a dan#er t&at once undertakin#s address t&e merits and inade.uacies of
competin# #oods or services, t&ey may *e tempted to deni#rate t&em or derive unfair advanta#es
from suc& inaccurate comparisons) 3ust like traditional forms of advertisin#, comparative
advertisin# seeks to *ot& assist t&e development of t&e undertakin# concerned and to inform