The EU has adopted Directive 97/55/EC of October 6, 1997, amending Directive 84/450/EEC of September 10, 1984 concerning misleading advertising, to include provisions regarding the conditions under which comparative advertising is permitted. The major provisions of the amendment are summarized below.
"Comparative advertising" is defined as any advertising which
explicitly or by implication identifies a competitor or goods
or services offered by a competitor.
Comparative advertising shall be permitted when:
1. it is not misleading;
2. it compares goods or services meeting the same needs or intended for the same purpose;
3. it objectively compares one or more relevant features of those goods and services;
4. it does not create confusion in the marketplace between the advertiser and a competitor's trademark, trade name or products;
5. it does not discredit or denigrate a competitor's trademark, trade name or products;
6. it does not take unfair advantage of the reputation of a competitor's trademark or trade name; and
7. it does not present goods or services as imitations or replicas of goods or services bearing a protected trademark or trade name.
Any comparison referring to a special offer must clearly indicate
the date on which the offer begins and ends or, where appropriate,
that the special offer is subject to the availability of the goods
or services.2. it compares goods or services meeting the same needs or intended for the same purpose;
3. it objectively compares one or more relevant features of those goods and services;
4. it does not create confusion in the marketplace between the advertiser and a competitor's trademark, trade name or products;
5. it does not discredit or denigrate a competitor's trademark, trade name or products;
6. it does not take unfair advantage of the reputation of a competitor's trademark or trade name; and
7. it does not present goods or services as imitations or replicas of goods or services bearing a protected trademark or trade name.
Although the Directive does not preclude Member States from providing more extensive protection with regard to misleading advertising, they may not enact more stringent requirements with regard to mere comparison of products.
March 1999 Index