INTRODUCTION-

Disparagement generally means that comparative
advertisement of the product. in the modern world, manufacturer  negative advertise of competitor’s product
and showing  that his product is better
than competitors products.  Concept of
the negative advertisement is very old. Comparative advertising
came into existence to increase consumer consciousness
and allow consumer to make a right selection from multiplicity
of choices, however under market pressures it has active in unhealthy practices
of product disparagement and infringement of trademarks. Hence, in the last few
decades, there have been rises of litigations in this regard. As there have
been a spreading in the number of cases in the courts regarding this matter and
there have been interestingly such conflicting judgments concerning the issue
in the recent past.

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In
the modern world, the emergence of Intellectual property rights have been to
safeguard and grant exclusive right to the Intellect product like copyright,
patent, trademark, design etc. Out of these Intellectual property rights, the
law that concerns competitive dimensions of advertising are mainly the laws of
trademarks and the general laws pertaining to unfair competition.

we
have tried to understand the origin, types and extent of comparative advertising
and its legal remedy in India as well as in other parts of the world like in European
Union, USA, Germany, UK, France, South Africa, China, Australia and Brazil.
Through this, we have tried to examine whether and how much comparative
advertising serves or resistance with their interests of the consumers and that
whether comparative advertising is effective in contributing to the highly
concentrated market structure by enhancing competition in the market. In most
of the countries dealt herewith, the principal laws that have an impact on
competitive aspects of advertising are the law of trademarks and the general
laws pertaining to unfair competition. The focus of this research is to examine
that how and to what extent are these existing laws on competitive advertising,
effective.

According
to Cambridge dictionary “disparage” means-

To
criticize someone or something in a way that shows you do not respect or value
him, her.

According
Oxford dictionary it means that-

somebody/something
(formal) to suggest that somebody/something is not important or valuable.