Commercial defamation in the context of comparative advertising and advertising through commercial events within the framework of chinese law

Jaafar Hussein Hasan, Abdullah Aqeel Hussein Al-Sagaabi

Reputation applies to both legal entities and natural persons. Since every market entity strives to establish a positive reputation in order to promote its goods, reputation is a crucial attribute for market entities in commercial economic activities. Advertising, in which businesses advertise their goods to emphasize their benefits and market them as effectively as possible, is one strategy to establish this reputation. These organizations may, nevertheless, use advertising by contrasting their product with that of another economic entity in addition to simply displaying their own. They may plan a ceremony to display and contrast their product with that of another organization, or they may employ conventional advertising techniques. They might also try to promote their product by disparaging the quality of goods made by other organizations.

As a result, this study offers an analytical examination of commercial defamation, its concept, and comparative advertising—the practice of comparing the product of one company with that of another—with reference to European and American law and the framework of Chinese law. In addition, the study investigates whether the idea of comparative advertising—or advertising in general—applies when a product is presented and contrasted with another product during a ceremony instead of using conventional advertising techniques.

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