No. 33
Electronic Transactions
(c) the nature, attributes and rights of the advertiser, such as its
identity, assets, qualifications, ownership of industrial, commercial or intellectual property rights or its awards and distinctions.
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(3) Comparative advertising shall, as far as the comparison is
concerned, be permitted if the advertising__
(a) is not misleading within the meaning of subsections(1) and
(2);
(b) compares goods or services meeting the same needs or
intended for the same purpose;
(c) objectively compares one or more material, relevant,
verifiable and representative features of those goods and
services, which may include price;
(d) does not discredit or denigrate the trade marks, trade
names, other distinguishing marks, goods, services, activities or
circumstances of a competitor;
(e) for products with designation of origin, relates in each case
to products with the same designation;
(f) does not take unfair advantage of the reputation of a trade
mark, trade name or other distinguishing marks of a competitor or
of the designation of origin of competing products;
(g) does not present goods or services as imitations or replicas
of goods or services bearing a protected trade mark or trade
name; and
(h) does not create confusion among traders, between the
advertiser and a competitor or between the advertiser's
trademarks, trade names, other distinguishing marks, goods or
services and those of a competitor.
41.__(1) Subject to the Consumer Protection Act and any other
written law, any advertisement made by electronic means shall be
clearly identifiable as such and the natural or legal person for whom
the advertisement is placed shall be clearly identifiable.
(2) The terms and conditions for benefiting from promotional
offers and for participating in sweepstakes, lotteries or in other
promotional games shall be clearly and precisely indicated and
easily accessible.
42.__(1) Except in the case of a notice sent by an electronic
communications provider to a customer in relation to services, a
person shall not send unsolicited electronic communications to a
consumer without obtaining the prior consent of the consumer.
Identification
of
advertisement
content
Cap. 48:10
Unsolicited
communications