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| The Advertising Law
The Advertising Law (hereinafter, law) came into force on January 24, 2000.
Being in its essence a "neighbouring law", the above Law does contain several stipulations pertaining to the protection of intellectual property and, in particular, to trademarks. Special attention in the Law is paid to advertising as an instrument of fair competition. E.g., according to the Law, it is prohibited to degrade other people, their activity, names ( companies), goods or services, trademarks in advertising; to use a name, a surname, a name of a company or other entrepreneur's identifications, trademarks without the consent of the entrepreneur. There are several special requirements regarding the nature of comparative advertising. The Law stipulates that comparative advertising is allowed only if the following conditions are observed, in particular:
- if the comparative advertising does not use dishonestly the name of the competitor (the company), trademark, name of the goods or other distinctive features or the reputation of indications of geographical origin of the competitive goods dishonestly;
- if it does not demonstrate the goods or services as the imitation or copy of the goods or services, in respect of which the trademark is registered.
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