Comparative advertising is an advertisement for a product or service that specifically names a competitor to demonstrate why the competitor is inferior to the one being named. Although it is a common type used in advertising, its legal framework, laws, and regulations may differ from country to country. In this article, we will take a how it works in Turkey.
Legal Framework Governing Comparative Advertising in Turkey
Turkey has regulations and rules that companies must follow when using comparative advertisements similar to many other nations. These rules and regulations play a significant role in shaping the legal framework of comparative advertising in Turkey, by Article 8 of the Commercial Advertising and Unfair Commercial Practices Regulation. Some of them are stated below.
- The advertisement must not be deceptive or misleading,
- It does not cause unfair competition with its competitors,
- The goods or services being compared are of the same quality and respond to the same request or need,
- Comparing an issue that will benefit the consumer,
- An objective comparison of one or more material, essential, verifiable, and typical characteristics oComparative advertising is an advertisement for a product or service that specifically names a competitor to demonstrate why the competitor is inferior to the one being named. f the goods or services being compared, including their price.
- Claims based on objective, measurable, numerical data proven by scientific tests, reports, or documents,
- Not to disparage or discredit the intellectual and industrial property rights, trade name, business name, other distinctive signs, goods, services, activities, or other characteristics of competitors.
Use of Comparative Advertising in Turkey vs Other Countries
For years, comparative advertisement has been used in various fields and purposes in many countries. Even though countries like America, Canada, and Australia have been using it for years, Turkey may consider it new. In these countries, advertisements are made by referencing their competitors or using a reminiscent element, and often by responding to each other in their advertisements. On the other hand, in Turkey, it was forbidden to present advertisements to consumers in a comparative manner, to use signs that would remind them of a rival brand, or even to make evocative perceptual guidance. Today, comparative advertisement has been used without damaging its commercial reputation.
Key Components of Comparative Advertising in Turkey
The key components of comparative advertising in Turkey are stated below.
- Being Comparative: When certain components, attributes, and behaviors are contrasted with one another in a way that influences the consumer's choice to buy a good or service, comparative advertisement becomes evident. It is possible to infer from this comparison that the marketed product is identical to the rival product or that the advertiser's items have more advantages and merits than theirs.
- Being True and Accurate: In the whole field of advertisement, it should be accurate and true instead of misleading or false. By the burden of proof, advertisers must provide evidence of the accuracy of their claims.
- Legal Compliance: Comparative advertisements should comply with advertising laws.
Challenges and Controversies in Comparative Advertising
Comparative advertising may also bring challenges and controversies. As we stated above, they should be legally complied with. For instance, a business that uses comparative advertising in several nations must deal with different legal requirements. Legal issues arise since something permitted in one jurisdiction might be illegal in another. Such challenges and controversies may affect customer trust and lead to legal battles. To decrease the risks of dealing with challenges, being careful and understanding the nation, such as Turkey’s advertising law is essential.
Ethical Considerations
One of the factors that may lead to challenges and controversies in the field of comparative advertisement is ethical considerations. Some comparative advertisements may contain inaccurate, misleading, or disrespectful information or objects. This may negatively affect the brand’s reputation and business.
Comparative Advertising and Intellectual Property Rights
Comparative advertisement can be a useful tool for companies, but it also requires an in-depth knowledge of intellectual property rights in Turkey. While using this kind of advertising, advertisers need to be careful when navigating the legal system, taking into account copyrights, trademarks, and other aspects of intellectual property to prevent legal disputes and challenges that may compromise the efficacy of their marketing initiatives. For this reason, developing effective and legally compliant comparative advertising tactics requires consulting legal counsel and carrying out extensive due research on intellectual property issues.
If you want to learn more about Intellectual property law or want to solve legal cases in this field, you can contact our Turkish lawyer firm, Istanbul Lawyer Firm. Our lawyers in Turkey are experienced and skilled Turkish intellectual property lawyers. For this reason, we can assist you in your legal cases.
You can reach our previous article from https://istanbullawyerfirm.com/blog/domestic-violence-and-legal-protection-in-turkey