News

11 DEC 2013

«Advertising and its legal consequences. Agressive, untrue, hidden, discredit advertisment — legal aspects and enforcement». Brief preview of specialized practicum LIGA:ZAKON that attended our specialist — Julia Lakhai.

«Advertising and its legal consequences. Agressive, untrue, hidden, discredit advertisment — legal aspects and enforcement». Brief preview of specialized practicum LIGA:ZAKON that attended our specialist — Julia Lakhai.

The event was held on December 11 in BC «Liga». 23 persons attended the event and a lawyer of our company was among them. During the event performed manager partner of AMG Markiyan Galabala, who is specialist in intellectual property, informational, electorial law, defence of honor, dignity and business reputation litigation.

Key issues, discussed during the practicum were:
1. Notion of advertising: what is advertisment and what does not belong to it (not advertising);
2. Principles of advertisment and general demands to it;
3. Sponsorship;
4. Advertising as an offer.
5. Unfair and comparetive advertising;
6. External advertising;
7. Lawfulness of usage in advertisments of yours and another person's intellectual property, names and images of nature persons.
8. Hidden advertisment and criteria of its recognition;
9. Legal aspects of circulation of special advertisment: medicines, alcohol and tobacco products;
10.Peculiarities and innovations of advertising of securities and stock market;
11. Spam;
12. Rights, obligations and resposibility of consumers and advertisment providers;
13. Delimitation of liability of persons, involved in creating and providing advertisments. Liability of the Internet sites, TV, radio, printed press owners.
14. Authorities controlling the abidance of legislation on advertising and their responsibilities;
15. Protection of rights;
16. Expertise of advertisments.

Many issues were discussed in litigation field.
Practicum was held with active participation of parties and vivid discussion of covered issues. Among mostly discussed questions were questions related to:
- Advertising activity of banks, namely, disposal of remote constructions within and beyond the territory of banks, provision of bank and credit cards, and booklets within and beyond the territory of banks;
- Usage of pointed references in advertising;
- Usage of images of natural persons, taken in public places;
- Determination the belonging of T-shirts with advertisment provision.

Interesting thesis of practicum:
- Announcement of employers about vacancies are determined as advertising;
- In Kiev the square of a sign or a tablet on an eternal surface of a premise or an external surface of a building not higher the ground floor or on the floor of that building, which is not determined as an advertisment is 2 sq meters.
- Permition for distribution of an advertisment is given for five years.
- Dismantling of advertising mean should made by a court desision only, if a distributor doesn't dismantle it by himself.
- Lvov regional council adopted a desision, that on the territory of Lvov and Lvovska region, the Law «On Grounds of State Language Policy» is invalid.