Podcast Location:
Download it here [file size: 22.4 MB]
Categories:
Intellectual Property Law
Consumer Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide an overview of the current regime governing comparative advertising practices in the UK. Traditionally seen as unsavoury by British companies, comparative advertising has become much more widespread in highly competitive markets such as supermarkets and airlines in recent years. In this podcast we cover the legislative framework at a national and international level, the protection of trademarks and the role of industry regulators like the ASA. Finally David provides some useful insight as to how advertisers can stay within the rules and protect their brands.

Outcomes:
After completing the course you will:
  • Know the scope of the term 'comparative advertising';
  • Understand the legislative regime regulating comparative advertising and its purpose;
  • Be aware of the relationship between the international and national legislation;
  • Know whether an advertisement is lawful;
  • Understand how the CAD and implementing regulations interact with UK trademark law;
  • Understand the concept of unfair advantage in UK trademark law;
  • Be aware as the enforcement regime in the UK;
  • Know about the role and powers of the Advertising Standards Authority;
  • Have some recent examples of the approach taken by the ASA in recent cases.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Comparative Advertising Directive 2006/114/ EC;
  • British Airways plc v Ryanair Limited [2001] FSR 32;
  • Control of Misleading Advertisements (Amendment) Regulations 2000;
  • The Business Protection from Misleading Marketing Regulations 2008;
  • Unfair Commercial Practices Directive 2005/29/EC;
  • Consumer Protection from Unfair Trading Regulations 2008;
  • Consumer Protection Act 1997;
  • Trade Descriptions Act 1968;
  • O2 Holdings Ltd & Anor v Hutchison 3G UK Ltd Case C-533/06;
  • L'Oreal SA and ors v Bellure NV and Ors Case C-487/07.

This podcast looks at the legislative regime governing comparative advertising, looking at the structure of the European legislation and its relationship with the UK position, David Stone talks us through numerous examples of how brands can protect themselves from denigration.

Podcast added: 30/03/10

Podcast last reviewed: 2012-07-30

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