企业形象广告不正当竞争性分析

Analysis of the Unfair Competitiveness of Corporate Image Advertising

企业形象广告是一种独立的广告类型,若其被滥用则会对消费者权益和市场竞争秩序造成损害。作为商业性表述的企业形象广告如果包含虚假宣传内容,其效果类似于虚假的产品广告,可以用《反不正当竞争法》有关规定加以规制。作为非商业性表述的企业形象广告如果包含误导性内容,虽不构成虚假广告,但同样具有一定的危害性,可以用一般条款对其进行调整。

Corporate image advertising would bring detriment to consumers rights and market competition order if it were to be abused. As commercial speech containing false expression it has similar effect as false product advertising, and is regulated by the relative false advertising clauses of the Anti-unfair Competition Law. As non-commercial speech containing misleading expression, it cannot be deemed false advertising but is subject to the general clause.