Comparative Study of the Nature of the Comparative Advertising and its Evaluation in Iranian Law and European Union Directives

Comparative advertisement as a specific type of advertisement is a sales promotion tool that compares one's products or services to other products or services or to other competitors. In this kind of advertisement basically in addition to the interests of consumers, the interests of competitors and proprietors of the law are also raised. Considering the benefits of this type of advertising, the restrictions in this area should be carefully considered; on the other hand, the absolute release would have a widespread corruption corollary in the field of right holders, consumers and competitors, which should not be ignored. The EU Directive 2006/114 / EC stipulates that "comparative advertising" means any advertising that explicitly or implicitly disclose the goods or services provided by the competitor in relation to another competitor. Contrary to the EU directives that define the terms and conditions of the ban on this type of advertising, there are many legal uncertainties about Iranian law. It is necessary to draw up a framework for categorizing laws and regulations and foresee the necessary conditions and constraints governing this type of advertising. In this way, by observing legal considerations, we can generally consider the freedom of comparative advertising as one of the types of advertisment.