The EC directive on comparative advertising and its implementation in the Nordic Countries: especially in relation to intellectual property

On 6 October 1997 the EC adopted a Directive on Comparative Advertising1 with the purpose to harmonise the law in this field.2 The directive is an amendment of and an addition to the earlier Directive of 1984 on Misleading Advertising.3 The new provisions on comparative advertising have been integrated into the directive on misleading advertising. However, the new text on comparative advertising constitutes a separate entirety; therefore it seems justifiable to treat it as a directive on comparative advertising. The new directive has harmonized a part of marketing law which has been very disparate in the different EU countries. The adoption of the new directive implies that the EU has accepted the liberal view of the admissibility of comparative advertising that has characterised the state of the law of the AngloSaxon and the Nordic countries. In many of the EU countries in continental Europe, the directive has lead to a liberalisation of hitherto applied principles. However, the text of the new directive does also include important restrictions of the admissibility of comparative advertising. The purpose of this article is to discuss the new directive in the light of its origin and its relation to Nordic marketing law, particularly from a Swedish perspective. The purpose is further to present the form of the implementation of the directive chosen in Sweden and the other Nordic countries. There has been close co-operation between the Nordic countries on the implementation of the directive. As a basis, the author of this article was asked to prepare a report for