Prohibits labelling a trust mark, quality mark or mark of conformity without obtaining a relevant permission of the authorized person or owner of such marks.
Illustration / REUTERS

The Verkhovna Rada of Ukraine adopted in the first reading the draft law on amendments to some legislative acts of Ukraine (regarding the harmonization of legislation in the field of comparative advertising with European Union law) (No. 8515).

As the correspondent of UNIAN, for this decision from the third attempt voted 231 MP of 320 registered in the session hall.

In the Law of Ukraine “About advertising” the bill stipulates that comparative advertising is advertising that contains comparisons with other persons and/or goods (activities) of another person.

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It is established that in advertising it is forbidden to give information that contains specific legislation on the protection of the rights of consumers signs of unfair business practice and consumers are not misled or signs of unfair competition as defined by the legislation on protection against unfair competition.

Relations arising in connection with comparative advertising, governed by this law with consideration of peculiarities determined by the legislation of Ukraine on protection from unfair competition.

Comparative advertisement can contain images and links to a product, trademark, or other designation under which the product is produced, which is carried out comparison; commercial (brand) name of competitor activity or product that is compared.

The use of comparative advertising is permitted if it does not contain specific legislation on the protection of consumers ‘ rights, signs of unfair business practice; it compares homogeneous (similar) products, which are used for the same needs, or compares the activities that are covered by one field or activity; it objectively compares one or more material, comparable and representative characteristics of homogeneous (similar) goods, activities, including price, essential for a consumer to exercise choice.

Also, advertising is allowed if it is not discreditied quality homogeneous (similar) products of other manufacturers and sellers or discreditied the activities of other persons; not discreditied reputation of trade marks, commercial (brand) names, and other characteristics of competitors or places of origin.

In addition, such advertising must not include imitations of goods protected trademark or name.

Liability for abuse compared in advertising and for failure to comply with the legislation requirements regarding the content of comparative advertising are borne by the advertiser.

Among other things, the law “On protection of consumers ‘rights” stipulates that business practice is considered deceptive if it induces or may induce the consumer to agree to the implementation of the legal action, which otherwise he would not agree, by giving him false or incomplete information or not providing information on, in particular, the warranty duration and warranty of products; the method of sale price or the method of calculating prices, discounts or other price advantages; the main characteristics of products, such as its availability, benefits, risk, composition, methods of use, method and date of manufacture or provision, delivery, quantity, specification, geographical or other origin, expected results of consumption or the results and essential features of tests or checks of the goods.

Among other things, prohibits misleading labelling of products as a sign of trust, quality mark or mark of conformity without obtaining a relevant permission of the authorized person or owner of such marks.