keyboard_tab Fair Advertising 2006/0114 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- services 9
- goods 9
- trade 8
- article 5
- which 5
- advertising 5
- does 5
- marks 5
- directive 4
- such 4
- misleading 4
- competitor 4
- designation 3
- advertiser 3
- price 3
- features 3
- bodies 3
- products 3
- commercial 3
- distinguishing 3
- conditions 3
- purpose 3
- unfair 3
- same 3
- origin 3
- between 2
- names 2
- rights 2
- mark 2
- name 2
- material 2
- and 2
- practices 2
- results 2
- compares 2
- shall 2
- referred 2
- traders 2
- permitted 2
- comparative 2
- nature 2
- proceedings 2
- to in 2
- discredit 1
- second 1
- or circumstances 1
- subparagraph 1
- activities 1
- condition 1
- denigrate 1
Article 1
The purpose of this Directive is to protect traders against misleading advertising and the unfair consequences thereof and to lay down the conditions under which comparative advertising is permitted.
Article 3
In determining whether advertising is misleading, account shall be taken of all its features, and in particular of any information it contains concerning:
| (a) | the characteristics of goods or services, such as their availability, nature, execution, composition, method and date of manufacture or provision, fitness for purpose, uses, quantity, specification, geographical or commercial origin or the results to be expected from their use, or the results and material features of tests or checks carried out on the goods or services; |
| (b) | the price or the manner in which the price is calculated, and the conditions on which the goods are supplied or the services provided; |
| (c) | the nature, attributes and rights of the advertiser, such as his identity and assets, his qualifications and ownership of industrial, commercial or intellectual property rights or his awards and distinctions. |
Article 4
Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:
| (a) | it is not misleading within the meaning of Articles 2(b), 3 and 8(1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’) (7); |
| (b) | it compares goods or services meeting the same needs or intended for the same purpose; |
| (c) | it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; |
| (d) | it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances of a competitor; |
| (e) | for products with designation of origin, it relates in each case to products with the same designation; |
| (f) | it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products; |
| (g) | it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name; |
| (h) | it does not create confusion among traders, between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor. |
Article 6
This Directive does not exclude the voluntary control, which Member States may encourage, of misleading or comparative advertising by self-regulatory bodies and recourse to such bodies by the persons or organisations referred to in the second subparagraph of Article 5(1) on condition that proceedings before such bodies are additional to the court or administrative proceedings referred to in that Article.
whereas