This page is maintained by the European Commission. Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version) (OJ L 376, 27.12.2006, pp. The TPD has now combined the Directive and the Guidance Document to become one new document: Therapeutic Comparative Advertising: Directive and Guidance Document. In the EU, the use of another's trade mark in the framework of a comparative advert is permitted where it complies with the conditions laid down in the directive concerning misleading and comparative advertising (2006/114/EC). Provided that a comparative advert complies with the conditions set out in this directive, it should be permitted and a competitor would not be able to rely on its trademark rights to oppose the advertising. Publications Office of the European Union. It compares goods or services meeting the same needs or intended for the same purpose. However, the provisions on comparative advertising also apply to advertising directed at consumers.
The provisions of this Directive concerning comparative advertising shall not oblige Member States which, in compliance with the provisions of the Treaty, maintain or introduce advertising bans regarding certain goods or services, whether imposed directly or by a body or organisation responsible, under the law of the Member States, for regulating the exercise of a commercial, … 5 UK implementation of the UCP Directive.
Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version) (OJ … PART I includes the 1997 Directive which incorporates revisions to the Sections on Roles and Responsibilities and effective date. The principles of comparative advertising are set out in the EU Comparative Advertising Directive of 2006. Since the directive on unfair commercial practices is in place, the misleading and comparative advertising directive has been applied only to business-to-business (B2B) relations concerning misleading advertising. It is also important to remember that if an advertisement does not comply with the rules of the Comparative Advertising Directive, the advertiser may also be liable for trade mark infringement, so may face a Court injunction as well as having to pay damages to the aggrieved competitor(s). Comparative advertising is permitted when the following conditions are met: It is not misleading within the meanings set out in the Directive and the UCP Directive. 6 When is a comparative advertisement lawful? Since this ordinarily would constitute trademark infringement, the Advertising Directive (Directive (EC)2006/114) established conditions under which such comparative advertising … The Comparative Advertising Directive sets out a number of conditions under which comparative advertising is permitted. Comparative adverts must find a balance between these conflicting interests.
This will facilitate access to all TPD information in this area. 7 Who is a "competitor" and how might they be "identified" in a comparative … 4 UK implementation of the Comparative Advertising Directive.
In an attempt to defend its position, Pin asked the Paris Court of Appeal to refer to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the interpretation of article 4(f) of EU Directive 2006/114/EC relating to the conditions of lawfulness of comparative advertising (transposed into French law under article L.121-9 of the French Consumer Code). 21–27). Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version) (Text with EEA relevance) DisplayLogo. Proposed reform of EU law on comparative advertising.