Comparative Advertising in the UAE: A Legal Perspective
Analysis
The purpose of comparative advertising is to compare one entity's products to those of a competitor as part of a marketing campaign. In a nutshell, it allows a competitor to highlight why the consumer should select its product over another. However, it is often the case that such competitors will have intellectual property rights; including those that arise though trademark registrations. It is due to this fact that the discussion of comparative advertising also crosses over into intellectual property rights.
Finding an equilibrium between two legal principles
In the UAE, there is no specific law regulating comparative advertising. Therefore, in theory, there is a legal presumption that all acts, including such promotional campaigns, are permitted. Furthermore, arguments of free competition may suggest that one should be permitted to use another's mark if the use of such mark is for merely descriptive purposes. In theory, this implies that an entity should be permitted to use another's trademark while engaging in comparative advertising.