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World Trademark Review 22

Co-published editorial

Country correspondents

Advertising

Benelux - Arnold + Siedsma

The ECJ’s decision in the O2 Case has clarified key issues unique to Benelux. However, inconsistencies in approach are still apparent. View PDF

Brazil - Dannemann Siemsen

Brazil’s new fondness for comparative ads has highlighted ambiguities in the legal regime in this area. However, there is considerably more certainty over ambush marketing: the country’s selection as host of the 2014 World Cup and the 2016 Olympics have already prompted bills on the subject. View PDF

Canada - Bereskin & Parr LLP

Facebook is bringing in new privacy measures in response to criticism in Canada over its handling of personal data. The new approach looks likely to have an impact on mark owners' advertising strategies. View PDF

China - Kangxin Partners PC

Often the best way to make a product stand out is to compare it to competing products on the market. However, while powerful, comparative advertising treads a fine legal line between good business and unfair competition. View PDF

Denmark - Zacco

While a fully joined-up European advertising policy remains a dream, at least the Danish system has been updated to provide comprehensive coverage. Moreover, individuals have a strong ally against unfair advertising in the shape of the Consumer Ombudsman. View PDF

India - Luthra & Luthra Law Offices

In a landmark decision, the High Court of Madras has attempted to tighten the rules on comparative advertising. However, the ruling may have opened the door to inconsistency in the interpretation of the law in this area. View PDF

Israel - Luzzatto & Luzzatto Patent Attorneys

Is the online use of a third-party mark to link through to competitor products lawful? Case history in Israel to date shows an increasing leniency towards this activity - Oren Mandler and Kfir Luzzatto analyze the reasons why. View PDF

Italy - Bugnion SpA ,  Studio Legale Caneva E Associati

Advertisers must take into consideration provisions of the Consumer Code and Legislative Decree 145/2007 when devising a marketing campaign. Any breach of the rules could lead to the advertisement being suspended and a fine. View PDF

Mexico - Olivares

A recent high-profile marketing initiative by a Mexican pharmaceutical company appears to be a clear example of unfair competition. This article puts the campaign in context and looks at the likely outcome for the advertiser. View PDF

Norway - Zacco

Norwegian law offers several means of enforcement against unfair and comparative advertising. This article analyzes the options available and provides an overview of recent amendments to the Marketing Control Act. View PDF

Portugal - Garrigues

The legislation on unfair and comparative advertising has its roots in the rules on unfair competition. The introduction of changes to the Advertising Code in 1998 clarified the law by implementing the EU Comparative Advertising Directive. View PDF

Romania - Vilau & Mitel

A boom in advertising over the past 10 years is reflected in the development of related legislation. However, there is limited case law from the courts in this field due to the significant enforcement powers of regulatory bodies. View PDF

Russia - Gorodissky & Partners

Russian advertising law is not extensive and can be ambiguous, but an analysis of recent cases reveals that the legislation is, for the most part, interpreted intuitively. View PDF

Spain - J&A Garrigues SLP

The sprawling legislative regime governing advertising, along with a fragmented administrative system, means that practitioners must stay on their toes when trying to determine whether an advertisement is permitted in Spain. View PDF

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