Legal Literature

Misleading and Comparative Advertising Directive, Article 2, (a) Misleading and Comparative Advertising Directive, Article 2, (b) Misleading and Comparative Advertising Directive, Article 3

In this article, the authors ascribe unfair practices in advertising and specifically refer to the misleading advertisement and the hidden advertisement as the frequent practices of marketing communication. The authors are presenting arguments in order to highlight the close link between law and marketing management in the area of advertising.
The aim of this article is to point out the corporate promotion through advertising in conditions of unfair competition and bring the unfair advertising practices to concrete examples from practice.
The article approaches unfair practises in advertising on specific cases based on legal practise of the Slovak and Czech courts.
Furthermore, the article analyses the definitions of advertisement and unfair practises as stated in the Directive 2006/114/EC as well as defined in the relevant Slovak legislation.
The article points out the necessity of legal protection that would cover all types of behaviour of competitors in various special cases and scenarios.