Abstract
The article is aimed at analyzing of existing legislation on the use of comparative advertising in Ukraine. The author establishes that legislation on intellectual property plays a crucial role if a competitor's intellectual property rights are infringed by the use of comparative advertising. The purpose of the article is to analyze comparative advertising in the context of intellectual property, as well as to define the objects of intellectual property that can be used in comparative advertising. The latest changes in legislation regarding comparative advertising are analyzed. Such changes allow the use of images, trademarks or other symbols in comparative advertising. Comparative advertising was actually prohibited in Ukraine until November 12, 2019, although its use was prescribed in the legislation. But in practice, however, such use was not possible because use in such comparative advertising objects of intellectual property competitors was not enough regulated. The amendments to current legislation on comparative advertising have settled the aspects of using objects of intellectual property in comparative advertising. The article proves that for the purpose of comparative advertising creation, it is essential to adhere to the laws and regulations that are governed by intellectual property law. In the article, the author analyzes some countries' legislation on comparative advertising, namely the USA, the United Kingdom, the EU Member States. The author has found the basic elements and the objects of intellectual property that could be used in comparative advertising. The author comes to the conclusion that for the creation of comparative advertising, the crucial role of intellectual property in comparative advertising should be clearly recognized.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
More From: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.