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Abstract

Commercial comparative advertising is that advertising which is exposed to someone who is competitor or exposed to goods or services offered by the competitor , and that advertising will not be project unless if it was impartial and honest and does not aim to harm a third party, whether if he was merchant competitor or an ordinary consumer, that means the relationship between commercial advertising and comparative mislead the consumer is not inevitable and is not correct to connect between them in all cases, but on the contrary, we believe that the presence of commercial comparative advertising elucidate the way for the consumer and it will be in his favor in the majority of cases when it was impartial and honest .

Despite the significant role of this kind of commercial advertising to ignite the flames of competition between dealers in educating consumers and providing them with important information about goods and services, especially those of technical information that is not easy to get them without those comparisons conducted by specialists, we find that there isn’t any law regulated it or puts him any controls not in Iraqi legislation nor in other Arab legislation. Accordingly, in order to surround all aspects of this matter and to explain the extent of its legitimacy, we have to divide our research into two sections. In the first part, we dealt with the intended of commercial announcement comparative and we divided it for two demands. In the first requirement we talked about commercial advertising and comparative elements of the definition, and in the second requirement we talked to distinguish commercial comparative advertising with what is similar to it. while the second section we dedicated it to a statement over the legality of the commercial comparative advertising and its relationship to unfair competition, and divided by three demands, in the first requirement we had intended to unfair competition, and in the second requirement we talked about the legality of the commercial comparative advertising, while the third demand we dedicated it to a statement Commercial comparative advertising Which is unfair competition and the cases excluded them .

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