Europe : Chapter 4

• Author: Adelheid Janse van Rensburg
• Pages: 24-33
• DOI: 10.10520/EJC74008
• Date: 01 January 2002
• Published date: 01 January 2002

CHAPTER 4

EUROPE

1. Portugal

2. France

3. Spain

4. Denmark

5. Belgium

6. Luxembourg

7. Italy

8. Switzerland

9. The Netherlands

10. Greece

11. Germany

12. Conclusion

1. Portugal

The laws of this country make provision for comparative advertising on

condition that it does not make use of another’s trademark. It must also be

in accordance with honest standards and usages.1

2. France

The creators of a comparative advertisement in France have to be

extremely careful, for the advertisement can be prohibited on the grounds

of trademark infringement or of contravening the French Civil Code. The

provisions of this Code require that no act may be of such a nature that it

unnecessarily harms others, and whenever a comparative advertisement

may result in confusion or in discrediting another’s product or service, it is

thought to be an act that does exactly that.

Fortunately the French Constitutional Council amended article 10 of the

French Legal Code in 1992.2Advertisers may now make use of a com-

parative advertisement as long as it is

“fair, true, objective and not misleading to consumers”.3

It must also be based on

“substantial, significant and verifiable qualities”.4

Whenever an advertisement compares the respective prices of goods or

services, it must be for identical goods or services sold under the same

24

1 Beller 1995: 929.

2 January 18.

3 Beller 1995: 930.

4Id.