论文部分内容阅读
比较广告作为一种特殊宣传形式,是由广告主通过明示或暗示的方式,将自己的产品或服务与同业竞争者的产品或服务在某些方面进行对比,以突出其产品或服务的特性或优势的广告。它能更好地凸现产品、服务的优势,因而更容易打动消费者,更成功地实现广告目的,受到广告行业的青睐。但由于比较广告自身存在利己的倾向,容易引发不正当竞争。我国法律是允许比较广告的存在,但相关立法规定过于简单、合法性标准模糊不清,使得广告主无所适从或寻空而钻,给司法工作带来了众多的难题。因此,完善我国比较广告的相关法律制度,明确界定比较广告的合法性标准迫在眉睫。本文从比较广告的概念与特征入手,分析了各国对比较广告的态度,并研究了我国的立法现状及存在的问题,最后就完善我国比较广告法律制度提出相关建议。
As a special form of advertising, advertisers compare advertisers explicitly or implicitly with certain aspects of their products or services in comparison with competitors’ products or services in order to highlight the characteristics of their products or services or Advantages of advertising. It can better highlight the advantages of products and services, which is more likely to impress consumers, more successful advertising purposes, by the advertising industry’s favor. However, advertising itself tends to be unfairly competitive because of its tendency to be self-serving. Our law is to allow the comparison of advertising, but the relevant provisions of the legislation is too simple, vague standards of legitimacy, making advertisers know what to do or find emptiness and drilling, to the judicial work has brought many problems. Therefore, it is imperative to perfect the relevant legal system of comparative advertising in China and to define clearly the standard of comparison of the validity of advertisements. This article starts with comparing the concept and characteristics of advertisements, analyzes the attitude of each country to comparative advertisements, and studies the status quo and existing problems of legislation in our country. Finally, some suggestions are put forward to improve the legal system of comparative advertisements in our country.