بررسی فقهی حقوقی تبلیغات تجاری گمراهکننده

Abstract

As a key element in each business strategy, commercial advertisements increase competition on the market through providing information and introducing goods and services. As a result, commercial advertisements play a vital role by transmitting information related to the products, and thereby they benefit both producers and consumers. Consequently, a modern capital economy without commercial advertisements is hardly imaginable nowadays. Nevertheless, by providing misleading or false information and by using confusing trademarks, some commercial advertisements mislead the consumers and cause liabilities towards them and sometimes towards the competitors (usually intellectual property owners). Through a descriptive approach, the present study explains the concept and the status of misleading commercial advertisements in the legal systems of the European Union, the United States, the Islamic Republic of Iran, and the Imamiyah Jurisprudence, and paves the way for the Iranian legislator to enact exact and effective laws in this field. misleading advertisements.