Recent Development
The awaited Article 8/2 of the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Regulation“), which allows advertisers to make direct references to their competitors’ names, brands, logos and other distinctive signs was postponed several times since October 2015. However, the provision was annulled before entering into force with the Regulation Amending the Regulation on Commercial Advertisement and Unfair Commercial Practices, which was published in the Official Gazette on December 28, 2018.
What’s New?
As explained in our previous legal alerts, the provision allowing direct references to the competitor’s names and other distinctive elements was expected to enter into force on January 1, 2019, after several postponements.
In light of these recent developments, comparative advertising itself is permitted according to the relevant provisions of Consumer Protection Law and the Regulation but the prohibition of making direct references to the competitors’ names and other distinctive signs still stands.
Conclusion
According to the introduced article, competitive advertisements should be in accordance with the provisions of the Consumer Protection Law and the Regulation, and should not be misleading or deceptive. Advertisers should be careful to not to use competitors’ names and other distinctive elements in competitive advertisements.
