- A-Z Publications
- Transactions of the Centre for Business Law
- Previous Issues
- Volume 2002, Issue 34, 2002
Transactions of the Centre for Business Law - Volume 2002, Issue 34, 2002
Volume 2002, Issue 34, 2002
Source: Transactions of the Centre for Business Law 2002, pp 5 –16 (2002)More Less
In 1910 the first case of many to come concerning comparative advertising, served before court. From that time on it became a hotly debated subject and the USA was at the head of all the developments in this area of the law. This country is very lenient toward advertisers, but even here advertisers must ensure that their advertisements are honest and will not mislead the consumers.
Source: Transactions of the Centre for Business Law 2002, pp 34 –38 (2002)More Less
Comparative advertising has quite a history in the European Union. As in the USA the EC Council, since 1975, states in its policies that comparative advertising is allowed, because this technique assists consumers to make better purchasing choices. The first step was taken on 1 March 1978, when the Commission sent the Council a proposal on the standards to be implemented for misleading, unfair and comparative advertising. The first provisions concerning unfair advertising were accepted on 10 September 1984, and implemented in Directive 84/450/EEC.
Source: Transactions of the Centre for Business Law 2002, pp 39 –53 (2002)More Less
Comparative advertising is not a new practice in the United Kingdom. But as opposed to the view held in the United States, the British were quite hostile towards such advertising. They were of the opinion that advertising should centre around images rather than facts. Their main complaint was that direct comparative advertising was of a negative nature, as well as impolite.
Source: Transactions of the Centre for Business Law 2002, pp 54 –56 (2002)More Less
The Japanese culture does not take kindly to comparative advertising although it has been recognised as a legal activity since 1986, provided that the contents are "impartial and objectively verifiable, and that the competing product is not subject to slander or libel". The Japanese population however is of the opinion that "explicit comparative advertising ... is ill-mannered, crass and generally disruptive to civilized relations between competitors".
Source: Transactions of the Centre for Business Law 2002, pp 57 –61 (2002)More Less
Currently the economies of the Latin American countries are in a stage of integration. The governments are changing their policies and now promote decentralised structures and free market mechanisms. To cater for this economic integration many of these countries have adopted consumer protection laws. Consumers are particularly vulnerable in such new free markets and consequently these laws are designed to protect their economic interests, dignity and integrity and in general to increase their confidence.
Source: Transactions of the Centre for Business Law 2002, pp 62 –116 (2002)More Less
With regard to the position in South Africa, a relevant and related study of the common law and the statutory law is undertaken.
Regarding the common law almost all the applicable forms of unlawful competition are discussed and in each of these cases the question is considered as to whether a comparative advertisement may constitute unlawful competition, and if so what the advertiser must avoid in order to safe-guard an advertisement from being classified as unlawful competition.
Source: Transactions of the Centre for Business Law 2002, pp 130 –138 (2002)More Less
It appears that the definition of comparative advertising by De Jager and Smith, embraces most of the forms of such concept encountered in South Africa and elsewhere. In essence such definition seems to reflect comparative advertising as being a technique of advertising involving direct or indirect comparisons between goods or services (whether well-known or not) of competitors (whether identifiable or not) or of other business enterprises (whether identifiable or not) in the course of trade or industry.
Source: Transactions of the Centre for Business Law 2002, pp 139 –141 (2002)More Less
The concept, comparative advertising, is defined as a technique of advertising involving direct/indirect comparisons between goods or services of competitors or of other business enterprises in the course of trade or industry. It is submitted that this concept should be extended to also include comparisons between goods or services belonging solely to the advertiser.