legal aspects of business akhileshwar pathak pdf printer

Establishing facts often requires detailed scientific and technical assessment of the products. The MRTP Commission, however, has maintained that the wording in the law �goods of another person� implies disparagement of an identifiable product of a specific manufacturer.įurther, only if the disparagement is based on ‘false and misleading facts’ that the advertisement becomes an unfair trade practice. Aggrieved firms have claimed that ‘ordinary’ refers to all products other than the advertised one. Most comparative advertisements refer to rival products as ‘ordinary,’ instead of specifically mentioning names of products. The MRTP Commission and the Supreme Court have given shape to the provision. One of the provisions constitutes any representation which ‘gives false or misleading facts disparaging the goods, services or trade of another person’ to be an unfair trade practice. The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, was amended in 1984 to introduce a chapter on unfair trade practices. This paper explores regulations on comparative advertising of products and services in the context of globalization and liberalization in India. In a comparative environment, every representation of a product or service is about what ‘others are not.’ These practices raise questions about truthfulness and fairness of representation of products and services. With the liberalization and globalization of the Indian economy, firms have been aggressively and vigorously promoting their products and services.

Legal aspects of business akhileshwar pathak pdf printer