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other distinct shapes or expressions, as well as commercial and trade
names in comparative advertising.
The Regulation entered into force on its date of publication.
Nevertheless, Art. 8 regulating comparative advertising shall be
enforced on 10 January 2016, one year after the Regulation’s publica-
tion. Hence, the novelties emphasized above will not be in effect yet.
Conclusion
Comparative advertisements concern commercial and competition
law due to its links to unfair competition, and consumer law, for the
sake of protecting consumers. Certain requirements, such as the com-
parative advertisement not being of a misleading nature, being truthful,
the goods and services that are compared being equivalent or substi-
tutable, and which avoid unnecessary disparagement, must be met.
The LCP provision enabling comparative advertising does not dif-
fer from the corresponding provision under the fLCP. Both articles, as
is the case under the EU directives, render comparison of goods and
services that meet the same needs, or are intended for the same pur-
pose, possible.
Notwithstanding the Regulation enacted pursuant to the LCP.
Contrary to the Former Regulation, it provides for new and detailed
provisions regulating comparative advertisement. Art. 8 of the
Regulation introduces additional and detailed conditions that compar-
ative advertisements need to meet, and state in its second paragraph
that the name, trademark, logo or other distinct shapes or expressions,
as well as commercial and trade names of competitors, may be men-
tioned. Nevertheless, despite the other provisions entering into force
through publication of the Regulation, this Art. 8 will become effective
as of 10 January 2016.
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