Reklamos ir kitos informacijos apie prekes ir paslaugas santykis : teisinis aspektas.
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The author of the article analyzes the concept of advertising as a legal category as well as the problems of the distinction between advertising and other information on goods and services. The article deals with the discussion of the features of advertising (which are important in order to separate advertising from other information on goods and services), the case law of various Lithuanian courts regarding the recognition of the information on goods and services as advertising, and the analysis of certain provisions of Lithuanian laws related to the distinction between advertising and other information on goods and services. One of the forms of information which has specific features is advertising. The main feature which helps to distinguish between advertising and other information on goods and services and which is established in the laws and reflected in the Lithuanian case law is the special intention of advertising, i.e. to promote certain goods and services; however, some Lithuanian laws emphasize remuneration as a specific feature of certain advertising as well. The author of the article analyzes the importance of the abovementioned features of advertising when deciding on the recognition of certain information as advertising and their application in the Lithuanian case law. In the Lithuanian case law there is a tendency to construe as broad as possible definition of advertising and to recognize almost any information on goods and services as advertising. However, the Constitutional Court of the Republic of Lithuania has declared that not all information on goods and services should be recognized as advertising, i.e. there exists non-advertising information on goods and services. Therefore, the author analyzes the Lithuanian case law in the context of the abovementioned interpretation of the Lithuanian Constitutional Court.
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