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Principles of Comparative Advertisements in Turkish Law
In the continuation of this article, the principles of comparative advertisements in Turkish Law will be emphasized, examples are also mentioned.
I. ADVERTISEMENT AND COMPARATIVE ADVERTISEMENT CONCEPT
Advertisement is a form of promotion supported by visuals in order to increase the recognition of a good in the advertising market and sales rates. These promotions may also take the form of placing the goods and services of the competitor company by highlighting the advertiser’s own business, goods or services.
As stated in Article 4 of the Regulation, comparative advertisement refers to “advertisements comparing matters related to the goods or services promoted with matters related to competing goods or services to meet the same purpose or the same need”.
Therefore, advertisement can appear in the following ways:
- to show the company’s own goods and services superiorly, to emphasize its distinctive qualities from competing companies.
- indicating that their goods and services are superior, attractive or equal to those of their competitors by using the means of connecting to the competitor’s goods and services.
- Not including the product name, brand, logo, trade name, business name or other distinctive elements of competitors
- Not deceptive and misleading
- Does not cause unfair competition
- Compared goods or services meet the same needs or be for the same purpose
- Comparing something that will benefit the consumer
- Objective comparison of one or more material, substantial, verifiable and typical features of the goods or services compared, including their price
- Proof of claims based on objective, measurable, numerical data with scientific tests, reports or documents,
- Failure to disparage or discredit competitors (…) their goods, services, activities or other features,
- In the comparison of goods or services whose origin is specified, the goods or services must be from the same geographical location,
- Does not cause confusion with the advertiser and its competitor’s brand, trade name, business name or other distinctive sign or goods or services,
- Not to violate the principles set by the Advertisement Board