The regulatory environment of comparative advertisement in India – an analysis

Purpose – This study aims to compile the present situation of comparative advertisement in Indian markets and the existing legal remedies by citing some factual cases from the industry and important judicial pronouncements. Design/methodology/approach – It is a qualitative research based on primary and secondary source of information. Secondary sources comprise of statutory provisions of relevant act, articles/news items available in academic/trade journals and information generated from Government of India web sites. Primary research involved face-to-face interactions with practising advocates from Delhi High Court and Supreme Court of India in the area of trademarks. Information was collected on parameters related to efficacy, applicability, enforceability, monitoring, and legal issues of trademarks and disparagements. Findings – In India, comparative advertisement is relatively a new concept and the lawful remedies are not that strong as that is other countries. In the absence of the stringent laws, the practice of comparative advertisement has seen many derogatory consequences a few are mentioned here. The paper concludes by giving recommendations on the issues of legal aspects of comparative advertisement in India. Originality/value – This research paper attempts to provide an overall understanding of judicial environment on comparative advertisement in India which is still at its nascent stage.