Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue

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dc.contributor.advisorTong, Lee-Annen_ZA
dc.contributor.authorJungmann, Ninaen_ZA
dc.date.accessioned2016-07-27T10:27:41Z
dc.date.available2016-07-27T10:27:41Z
dc.date.issued2016en_ZA
dc.description.abstractThe dissertation addresses the legal conflict which is related to the legitimacy of comparative advertising. The national legal system has the task to balance antagonistic interests of trademark proprietors, advertisers, consumers and the public at large. The thesis examines the South African, the European and the German legal system implemented a legal balance and presents consequences, commonalities and differences. After starting with an historical overview on comparative advertising in South Africa and the Advertising Standards Authorities' self-regulating system, the Common law of Unlawful Competition will be addressed with regard to its influences on comparative advertising. Further, the thesis deals with the South African Trade Mark Act and its interpretation of infringement in terms of comparative advertising. Also considering European jurisdiction will be considered. The European approach on trade marks and comparative advertising will be presented as it leads to the German approach on comparative advertising and served as inspiration for the South African Trade Marks Act. The manner of implementation of European Directives influencing comparative advertising in German national law will be examined. Hereby, the distinctive characteristics which are required for comparative advertising as well as the special statutory mentioned cases in which it is unlawful will be presented. The high level of legal differentiation shall be emphasized since this may lead to differences compared to the South African law. Finally, I will compare how South African law and German law approach the subject comparative advertising. Especially the influences of Common law and statutory law on unlawful competition will be compared and evaluated. It shall be presented which consequences can arise out of different systematic approaches in this field of law. Additionally, the differences in the legal approaches on trade mark infringement will be highlighted in respect of presenting whether they cause actual consequences for the final legal valuation of comparative advertising. Furthermore, the commonalities concerning the purpose of encouraging comparative advertising will be addressed.en_ZA
dc.identifier.apacitationJungmann, N. (2016). <i>Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue</i>. (Thesis). University of Cape Town ,Faculty of Law ,Intellectual Property Research Unit. Retrieved from http://hdl.handle.net/11427/20877en_ZA
dc.identifier.chicagocitationJungmann, Nina. <i>"Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue."</i> Thesis., University of Cape Town ,Faculty of Law ,Intellectual Property Research Unit, 2016. http://hdl.handle.net/11427/20877en_ZA
dc.identifier.citationJungmann, N. 2016. Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Jungmann, Nina AB - The dissertation addresses the legal conflict which is related to the legitimacy of comparative advertising. The national legal system has the task to balance antagonistic interests of trademark proprietors, advertisers, consumers and the public at large. The thesis examines the South African, the European and the German legal system implemented a legal balance and presents consequences, commonalities and differences. After starting with an historical overview on comparative advertising in South Africa and the Advertising Standards Authorities' self-regulating system, the Common law of Unlawful Competition will be addressed with regard to its influences on comparative advertising. Further, the thesis deals with the South African Trade Mark Act and its interpretation of infringement in terms of comparative advertising. Also considering European jurisdiction will be considered. The European approach on trade marks and comparative advertising will be presented as it leads to the German approach on comparative advertising and served as inspiration for the South African Trade Marks Act. The manner of implementation of European Directives influencing comparative advertising in German national law will be examined. Hereby, the distinctive characteristics which are required for comparative advertising as well as the special statutory mentioned cases in which it is unlawful will be presented. The high level of legal differentiation shall be emphasized since this may lead to differences compared to the South African law. Finally, I will compare how South African law and German law approach the subject comparative advertising. Especially the influences of Common law and statutory law on unlawful competition will be compared and evaluated. It shall be presented which consequences can arise out of different systematic approaches in this field of law. Additionally, the differences in the legal approaches on trade mark infringement will be highlighted in respect of presenting whether they cause actual consequences for the final legal valuation of comparative advertising. Furthermore, the commonalities concerning the purpose of encouraging comparative advertising will be addressed. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue TI - Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue UR - http://hdl.handle.net/11427/20877 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20877
dc.identifier.vancouvercitationJungmann N. Comparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issue. [Thesis]. University of Cape Town ,Faculty of Law ,Intellectual Property Research Unit, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20877en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentIntellectual Property Research Uniten_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherIntellectual Property Lawen_ZA
dc.titleComparative advertising between the conflicting priorities of fair competition, trademark holder's rights and consumer information under South African law compared to the European and German approach on this issueen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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