[Master's Thesis] A comparative study of comparative advertising in Vietnamese and English law

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NGUYEN MAI HAN

A COMPARATIVE STUDY OF
COMPARATIVE ADVERTISING IN VIETNAMESE AND
ENGLISH LAW

SUPERVISORS:
Dr. Do Van Dai
LLM.Ulrika Wennersten
Dr. Christoffer Wong

Executive Summary
Comparative advertising is a sales promotion method that compares one’s own goods or services with those of another trader to emphasize price, value, durability or quality. In the UK, comparative advertising is regulated in three ways: self–regulation; the common law and statute law. Accordingly, comparative advertising is lawful if it complies with some fairly obvious conditions e.g. it is not misleading, does not denigrate the competition, objectively compares material, relevant and verifiable features of the competitor’s products. In Vietnam, comparative advertising is regulated by the Law on commerce, the Law on competition and the Ordinance on Advertising. Nevertheless, the legal provisions on comparative advertising in Vietnam are unclear and hard to apply in practice. Thus, this leads advertisers as well as the competent authority into difficulties when determining whether an advertisement is a comparative one or not and in drawing the line between lawful and unlawful comparative advertising.
The first part of this thesis contains some general issues concerning the rationale, purpose, delimitation, and methodology of the thesis. The second part introduces, analyses and compares the definitions of advertising and comparative advertising in Vietnamese and English law. The third part discusses the conditions for lawful advertising in each of the two countries. Legislation, case law and practice are analysed to produced a clear picture. Sanctions applied to unlawful comparative advertising will be presented and analysed in part four. Based on the method of comparison, remarks at the end of each part will point out the similarities and differences between the issues in the laws of the two countries and suggest some improvements related to comparative advertising in Vietnamese law. Finally, part five will be a summary of the previous parts.

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