Article 4

Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:

1. (a)

   it is not misleading within the meaning of Articles 2(b), 3 and 8(1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’)^f1;

2. (b)

   it compares goods or services meeting the same needs or intended for the same purpose;

3. (c)

   it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price;

4. (d)

   it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances of a competitor;

5. (e)

   for products with designation of origin, it relates in each case to products with the same designation;

6. (f)

   it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products;

7. (g)

   it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name;

8. (h)

   it does not create confusion among traders, between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor.