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The IUP Journal of Law Review :
Comparative Advertising: The Ifs and Buts in Indian Law
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Comparative advertising is a marketing strategy that can be hostile to consumer rights, if not regulated properly. In India, it is a concept governed by many statutory provisions under various legislations. Consumer Protection Act, 1986, Trademarks Act, 1999, etc. are some of them. Indian judiciary has also over the years played a well-defined role, setting the legal position. This paper is an analysis of comparative advertising in India with reference to the statutory provisions and judicial decisions.

 
 
 

Article 2(1) of the Advertising Directive of European Economic Committee (EEC) defines advertising thus: “The making of a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services.”

dvertisement is an important and potent weapon to promote one’s products as well as a means to educate the public. Healthy competition through benign advertisements is a sign of matured market and is always welcome. In the process of projecting one’s own product, many a time, they need to be compared with other products of similar nature sold in the same market. However, when such a comparison is false, misleading or denigrating another’s product, it becomes unethical and illegal.

In India, there is no specific legislation on this area, though it comes under various other statutes. Prasar Bharati (Broadcasting Corporation of India), which is a statutory body, had issued and adopted a code for commercial advertising. Advertising Standard Council of India (ASCI) has also issued code of ethics.

 
 
 

Law Review Journal,Judicial Approach,Advertising Directive of European Economic Committee (EEC), Advertising Standard Council of India (ASCI).