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Home› Competition & Unfair Trade Practices› UWG (EN)

Section 6

Comparative advertising

(1) ʻComparative advertisingʼ means any advertising which explicitly or by implication identifies a competitor or the goods or services offered by a competitor.

(2) Unfairness is deemed to have occurred where a person conducting comparative advertising uses a comparison which

1.  does not relate to goods or services which meet the same needs or are intended for the same purpose;

2.  does not objectively relate to one or more material, relevant, verifiable and representative features of the goods concerned or to the price of those goods or services;

3.  leads, in the course of trade, to a risk of confusion between the advertiser and a competitor or between the goods or services offered or the distinguishing marks used by them;

4.  takes unfair advantage of or impairs the reputation of a distinguishing mark used by a competitor;

5.  discredits or denigrates the goods, services, activities, or personal or business circumstances of a competitor; or

6.  presents goods or services as imitations or replicas of goods or services which are sold under a protected distinguishing mark.

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