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The Amendments To The Advertising Law

Original Language Title: Grozījumi Reklāmas likumā

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The Saeima has adopted and the President promulgated the following laws: the law on the amendments to the advertising done advertising Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2000, no. 3; 2004, nr. 10; 2007, no. 21) the following amendments: 1. To supplement the law with article 2.1, the following: "2.1 article. The provisions of this law apply, if the prohibition of unfair commercial practices the law does not provide otherwise. " 2. the second paragraph of article 4: turn off paragraph 3 the word "abuse"; Replace paragraph 6, the words "another host" with the words "another person" and the word "host"-with the word "persons". 3. Article 9: turn off the second part of the first sentence; make the third paragraph as follows: "(3) comparative advertising, as far as the comparison is concerned, be permitted when all the following conditions are met: 1) it is not misleading according to article 8 of this law or other laws and regulations; 2) it compares goods or services intended for the same purposes or for the same purposes; 3) it objectively compares one or more of the goods or services concerned, related materials, and test characteristics, which may include price; 4) it does not create confusion in the market participants for the advertiser and a competitor or, in the case of the advertiser and a competitor's trademark, nosa-(company) or other distinctive signs, goods or services; 5) it does not disparage the road competitor trademarks, trade names, other distinguishing marks, goods, services, activities or circumstances and do not disparage them; 6) it does not take unfair competitors name (company), trade mark, trade name or other distinguishing marks of a competitor or the reputation of the goods origin indication; 7) it does not present goods or services as an imitation of the goods or services, or copy, bearing a protected trade mark or trade name; 8) advertising goods with an indication of origin, comparative advertising refers to products with the same origin. " 4. Replace article 11, second paragraph, the word "it" with the word "advertising". 5. in article 12: turn off the second part; adding to the fifth subparagraph of paragraph 1, after the word "name" with the word "(company)"; to supplement the article with the sixth part as follows: "(6) advertising Distributor is obliged to provide information about the advertiser for the authorities in accordance with this law or other laws have the right to request such information. If the ads, the distributor does not provide the information requested on the advertiser, ad Distributor is responsible for the appropriate advertising content. " 6. Make article 13 the first subparagraph by the following: "(1) compliance with this law, within their competence, monitor the consumer rights protection centre, the competition Council, the radio and Television Council, the advertising of medicinal products-health inspection in the field of veterinary medicinal products-food and veterinary service (hereinafter supervisory authority)." 7. in article 14: turn off the fourth part; to make a fifth by the following: "(5) the supervisory authority does not evaluate the relevance of the ad launch legislative requirements or evaluation stops when a decision is taken on the trial or the breach found has already been adopted by one of the following decisions: 1) one of this law, article 15 of the decision referred to in the fourth paragraph; 2) one of the prohibition of unfair commercial practices law in article 15 of the eighth part of those decisions. " to supplement the article with the sixth part as follows: "(6) the supervisory authority shall assess the compliance of the relevant advertising of unfair commercial practices the law of prohibition and, if necessary, send the file to the authority, which monitors the prohibition of unfair commercial practices, compliance with the provisions of the law." 8. in article 15: to make the second and the third part as follows: "(2) If, in accordance with the first paragraph of this article, the requested evidence is not submitted within the time limit or is incomplete, the supervisory authority is entitled to consider the advertising communication (allegation) for inaccurate or false. (3) the Supervision Authority, assessing the nature and essence of advertising, as well as other aspects, is entitled to propose to the advertiser, advertising or advertising distributor the manufacturer: 1) deadline to ensure compliance with the regulations of advertising; 2) undertakes in writing to a specific period of time to prevent the breach found. "; Add to article 3.1 and 3.2 part as follows: "(31) If, in accordance with the third paragraph of this article paragraph 1 within the deadline laid down in compliance with the regulations of the advertising requirements are not provided, the supervisory authority is entitled to make one or more of the fourth paragraph of this article, those decisions. (32) If the advertiser, advertising or advertising distributor the manufacturer in accordance with the third paragraph of this article paragraph 2 shall undertake in writing to a specific period of time to prevent the irregularities observed by the supervisory authority does not accept the fourth paragraph of this article with these decisions. Signing a written commitment, the advertiser, advertising or advertising distributor the manufacturer has admitted his guilt in the infringement established. If the commitment is not fulfilled, the supervisory authority shall take one or more of the fourth paragraph of this article, those decisions and advertiser, advertising or promotional distributor the manufacturer called to account in accordance with the regulations. "; to make the fourth and fifth by the following: "(4) If an ad does not meet the regulatory requirements, the supervisory authority is entitled to make one or more decisions: 1) asking the advertiser to provide advertising, product labelling or other additional information, which is essential for the protection of persons or of economic operator or the professional activities of the legitimate rights of the offender; 2) off of advertising requires individual elements (information, Visual images, sound and other special effects); 3) prohibit the spread of advertising; 4) require withdraw the ad; 5) apply to the administrative procedure prescribed by law; 6) ask the advertiser or advertising distributor to terminate the infringement and shall fix a time limit for termination of the infringement. (5) in the fourth paragraph of this article with these decisions, the supervisory authority is entitled to take, even if it has no evidence of damages. " to supplement the article with the ninth subparagraph by the following: "(9) in order to avoid the requirements of the laws and inadequate distribution of advertising or reduce its effect, the management authority is entitled the third part of this article referred to in paragraph 2, the commitment to put on your website or decisions partially or fully inserted your website and publish the newspaper "journal" (with the publication of the expenses related to the cancellation of the advertising dissemination responsible person). " 9. Replace article 16, first paragraph, the word "prohibited" by the words "requirements of the laws and inadequate". 10. Express article 17 of the law as follows: "article 17. Supervisory authorities, may appeal to the Court of law. Appeal shall not suspend the decision. " 11. To supplement the law with article 17.1 of the following wording: "17.1 pants. (1) where the supervisory authority has reason to believe that advertising does not meet the requirements of the laws and the can radīttūlītēj and substantial damage, it is empowered to adopt this law, article 15 of the fourth part 1, 2, or 3. the decision referred to in paragraph 1 as interim measures. (2) the decision on the temporary injunction is in force from the moment of that notification and the moment when the decision to the supervisory authority's decision is cancelled or amended or shall enter into force on the final decision of the supervisory authority. (3) the decision of the supervisory authority for interim measures can be appealed against to the administrative district court within 10 days after its entry into force. Appeals against this decision shall not suspend its activity. (4) an application for a decision of the supervisory authority for interim relief the court process in writing within 14 days. (5) the decision of the Court on the fourth paragraph of this article, that decision is not appealable and shall enter into force at the time of its adoption. " 12. Make an informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) Council 10 September 1984 directive 84/450/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising; 2) of the European Parliament and of the Council of 6 October 1997 Directive 97/55/EC amending Directive 84/450/EEC on misleading advertising to include comparative advertising; 3) of the European Parliament and of the Council of 11 May 2005 of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and European Parliament and Council Directive 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council Regulation (EC) No 2006/2004 (' unfair commercial practices directive "); 4) of the European Parliament and of the Council of 12 December 2006, Directive 2006/114/EC concerning misleading and comparative advertising. "
The law shall enter into force on January 1, 2008.
The law adopted by the Parliament in the 2007 December 13. President Valdis Zatlers in Riga V 2007 December 28.