比较广告之法律问题探微（Legal issues of comparative advertising）.doc

比较广告之法律问题探微（Legal issues of comparative advertising） Legal issues of comparative advertising Author: Cao Xinming Professor d.d.raplael of the UK divides rights into two categories, that is, the right to act and the right to accept. He also pointed out that the subjects right to act is that the subject is qualified to do something or to do something in some way. (Note: see British a.j.m. Milne: human rights and human diversity - philosophy of human rights, Xia Yong and Zhang Zhiming translation, Chinese Encyclopaedia publishing house, 1995 edition, 112nd Advertisers, who act as market players, have the right to advertise their goods or services in the form of advertising. (Note: the second article of the advertisement law stipulates: advertisers, advertising operators and advertising publishers shall abide by this law when engaging in advertising activities within the territory of the Peoples Republic of China. Market operators advertise their goods or services in the form of advertising, which is the objective requirement of market economy development and also a barometer of the healthy operation of market economy. Market operators to occupy a space for one person in the limited market, to win their own share of sales, to obtain part of their profits, they must to advertise their goods or services, in order to win the market and consumers. At the same time to pay attention to, in the free and fair competition in the market, price is only a high-tech new products, is no longer possible to have ten side of the old goods. For example, VCD player only scenery after a year or so, the recession began in 1998, has been the rise of new CVD or SVCD player instead. A new product to occupy the market to replace the old products have been familiar to the vast numbers of consumers, there is no strong advertising is difficult to succeed. In addition, the majority of consumers to obtain market information channel is narrow, the market for each product or service (especially simila