Advertising: The interface between copyright and unfair competition from an international perspective

Saldívar, I. | Slezáková, H.
February 2012


Advertising can be defined as a “paid non personal communication from an identified sponsor using mass media to persuade or influence an audience”[1]. It is a special area within the marketing discipline. It is “simply the communication of a sales or persuasive message designed to affect attitudes or behaviors toward the advertised product”[2].

Advertising is an important tool used by firms to allocate their products and services on the market. It is not longer the simple announcement for commercialization of goods or services made by a businessman but a sophisticated tool to catch consumers used by firms[3]. Enterprises made huge investments in financial, human and creative resources to produce seductive and unique advertisements used to persuade consumers on the uniqueness of their products/services. In the last century, advertising evolved from basics pamphlets distributed in streets to mass media transmitted in radio, television and even on the Internet. Therefore, it is important to evaluate if jurisdictions, borders and different legal approaches may become an obstacle to allow an advertising campaign working in the most efficient way.