advertising

Question 1

what is ADV?

Answer 1

the making of a representation, in any form, in connection with a trade/business/craft in order TO PROMOTE GOODS OR SERVICES

Question 2

the 2 main EU directive:
subjective and objective requirements

Answer 2

1. M&CAD
   subjective requirement: B2B

objective requirement:
covers misleading and comparative advertising

2.UCPD
subjective requirement: B2C
objective requirement: covers misleading and unfair commercial practices (NOT COMPARATIVE)

Question 3

when should each directive be applied?

Answer 3

is it a piece of comp. adv?

yes > M&CAD
no > are you a consumer or another trader?

consumer > UCPD
trader > M&CAD

Question 4

what is the scope of UCPD?

Answer 4

to guarantee consumers the same minimal level of protection in the entire EU against

1. misleading (false info, omission)
2. aggressive practices (harrassment, undue influence)
3. other unfair commercial practices

which are contrary to PROFESSIONAL DILIGENCE and likely to DISTORT THE ECONOMIC BEHAVIOUR OF CONSUMERS

Question 5

who is the average consumer?

Answer 5

reasonably well informed and observant

Question 6

the scope of the M&CAD?
(3)

Answer 6

still an advertisement likely to deceive and affect the economic behaviour, taking into consideration:

1. characteristics of goods and services
2. price or manner in which price is calculated and the conditions of providing the good/service
3. nature and rights of the advertiser: identity, qualifications, awards, commercial or intellectual property rights

Question 7

when is comparative ADV allowed? M&CAD (7)

Answer 7

allowed if:

1. OBJECTIVELY compares
2. goods that meet the SAME NEEDS, PURPOSE, GEOGRAPHICAL ORIGIN
3. not misleading
4. does NOT CREATE CONFUSION
5. NO DENIGRATION
6. NO UNFAIR ADVANTAGE (reputation of competitor)
7. NOT PRESENT goods asa IMITATIONS OR REPLICAS