Comparative Advertising Laws Harmonize with EU Law

Comparative Advertising Laws Harmonize with EU Law

Deputies intend to harmonize the national legislation in the field of comparative advertising with the law of the European Union and to determine the legislative conditions for the use of comparative advertising.

The corresponding bill No. 8515 “On introducing changes to some legislative acts of Ukraine regarding the harmonization of legislation in the field of comparative advertising with the law of the European Union” was adopted as a basis on November 22.

The bill proposes:

(a) in the Law “On Advertising” clarify terminology, define the conditions for the use of comparative advertising, clarify the provisions on liability for the content of such advertising, etc .;

(b) add to the list of misleading business practices and related prohibitions;

(c) clarify the requirements on the legality of comparative advertising;

(d) to supplement the peculiarities of using the mark for goods and services in comparative advertising;

(e) clarify individual issues of misuse of the business reputation of a business entity.

The relevant changes are foreseen to be made to the laws “On Advertising”, “On Protection of Consumer Rights”, “On Protection of Rights to Marks for Goods and Services”, “On Protection from Unfair Economic Competition”, Ukraine’s HC in order to harmonize legislation in the field of comparative advertising with EU law.