Advertising and marketingIn social networks, newspapers, on television, in mobile applications, subways, music videos and even at the cinema - advertising surrounds us. Accompanied good advertising even the worst product can become a bestseller. It seems that to achieve the best advertising producers’ desires, marketing managers’ imagination and designers’ creativity know no bounds. Nevertheless, the Ukrainian law defines such bounds and the neglect thereof may result in penalties, litigation or even investigation of unfair competition at the Antimonopoly Committee of Ukraine.
Under Ukrainian legislation advertising is information about a person or goods, disseminated in any form and by any means and is aimed at the development and maintenance of advertising consumers’ awareness and their interest related to such a person or goods. Thus, even a post on a social network site about a product or a service is to be considered as a form of advertising.
Nowadays, due to continuous development of marketing and technology, the promotion of goods (services) can take various forms: sales, lotteries, contests, mobile and Internet marketing, sponsorship, product placement (advertising in films and publications), promotion on social networks, mailing etc. The legislative requirements for its content may vary, depending on the form of the advertising campaign.
However it happens that even advertising campaigns of large market players prepared by professional advertising agencies are to be recognized as unfair and violating the law. Therefore, before launching of the next advertising campaign, it should be ascertained that the campaign is in compliance with the Ukrainian law.
In relation to advertising and marketing campaigns, IPStyle specialists provide the following services:
- legal analysis of advertising materials (video materials, printed materials, etc.) for compliance with the legislation of Ukraine (advertising, anti-monopoly, personal data protection), identifying the risks, developing a mechanism to minimize and eliminate identified risks;
- analysis of advertising materials for the presence of comparative, hidden or unfair advertising;
- legal analysis and support of advertising campaigns, marketing programs, sales, lotteries, loyalty programs, conducted on-line and off-line;
- legal analysis of foreign advertising materials, and bringing thereof into conformity with the legislation of Ukraine for their distribution on the territory of Ukraine;
- legal analysis, support, provision of written and oral legal advice (legal opinions) on advertising that involves minors;
- legal analysis, support, provision of written and oral legal advice (legal opinions) on advertising of medicine and alcohol products;
- representation of clients' interests before courts and the Antimonopoly Committee of Ukraine in cases regarding violation of advertising laws;
- corporate trainings on the requirements of the Ukrainian legislation regarding the content of advertising;
- provision of oral and written legal advice (legal opinions) in matters related to advertising and promotion of goods (services).
In conclusion, it worth to say, that there are no better advertising for your business than its transparency and compliance thereof with the Ukrainian law.