Comparative Publicity

In: Business and Management

Submitted By franhein
Words 8517
Pages 35

La réglementation de la publicité comparative en France définie aux articles L. 121-8 et suivants du code de la consommation a subi depuis quelques années de nombreuses modifications : il est possible de distinguer plusieurs étapes très nettes de cette évolution de notre droit :

• La situation avant la loi du 18 janvier 1992 (n°92-60) :

• La publicité comparative était purement et simplement interdite :

- un des premiers fondements juridiques invoqués par les tribunaux était l’article 1382 du code civil sanctionnant la concurrence déloyale pour dénigrement de la société concurrent
- l’article 422, 2ème du code pénal était régulièrement invoqué pour sanctionner l’utilisation de la marque sans autorisation de son titulaire
- l’article 4 de la loi Royer (article L.121-1 du code de la consommation) condamnant la publicité trompeuse était appliqué lorsque la comparaison n’était pas réalisé à partir de critères exacts.
- L’article 7 de la directive du 10 septembre 1984 (n°84/450/CE) permettait aux Etats membres de ne pas autoriser la recours à la publicité comparative.

• La situation de notre droit au lendemain de la loi de 1992 :

• l’article 10 de la loi de 1992 a donné lieu à l’introduction des articles L.121-8 à L.121-14 dans le code de la consommation encadrant la mise en œuvre d’une campagne de publicité comparative sur le territoire français : cet article autorise la publicité comparative en droit français.

• les conditions de licéité de la publicité comparative étaient les suivantes :

Définition : tout d’abord, sous l’empire de la loi de 1992, la publicité comparative s’entendait comme la mise en comparaison des biens ou services en utilisant soit la citation ou la représentation de la marque de fabrique, de commerce ou de service d'autrui, soit la citation ou la représentation de la raison sociale ou de la…...

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