| Abstract [eng] |
There are being analysed the legal aspects of comparative advertisingt in the Master thesis. The comparative advertising is quite new institute which has been started to regulate since 1997 in European Union and 2001 in Lithuania. The necessity of the regulation was stimulated by fulfilled functions of mentioned kind advertising. The comparative advertising does not only inform a user about goods and services better but motivates competition and development of goods and services quality. Trying to reveal chosen topic better, the thesis consists of three parts. Considering, that comparative advertising is one of the advertising forms, there are being analysed legal aspects, which are applied to all kinds of advertising generally in the first part. First of all, is being tried for revealing definition of advertising generally and indentify its obligatory criteria, in order to recognize advertising comparative, it must be recognized as advertising firstly. Stating, that with the help of spread information in any condition and form is being tried to impact economic behaviour of adresee, in this case we can call it advertising, it is very important to check if it suits general requirements. for advertising. The content and problematic aspects of mentioned requirements are being analysed in this part as well. In the second part of the thesis, after revealing the definition of advertising and analysing raised claims for it, are being gone deeper into comparative advertising definition and its legality conditions. Additional requirements are being raised for 81 advertising in which the rival, his goods and services of advertising giver are named directly and indirectly. Restricted legal policy of comparative advertising is set because of such form advertisement done functions, indicated above. The understanding and validity of the legality conditions are being discussed on the base of European Justice Court, Lithuanian administrative court and Competition council practice and explanation of predominant doctrine. It is very important to set requirements in every specific situation is being explained through understanding of average user, which conception is revealed as well. Finally, it is thought, that it is very important to set not only comparative advertising illegal causes but effects too. Taking into consideration that, in the last part of the thesis different advertising activity of subject responsibility for not following requirements of comparative advertising, is being analysed. The Competition Council competence sanctions applying limits for disturbers, fine quantity and impose regulations are analysed as well. |
