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第三讲广告活动的行为规范《广告法》的第三章“广告活动”是与第二章“广告准则”相对应的,“广告准则”是对广告内容和表现形式进行规范,而“广告活动”一章则是对广告市场中广告活动主体的行为进行规范。这些行为规范包括:1 广告活动主体在广告活动中必须依法签订书面合同。合同是当事人之间确立、变更、终止民事权利义务关系意思表示一致的法律行为。广告活动中各个不同的广告活动主体之间产生相应的民事权利义务关系,广告是对他人的要约邀请,广告活动是一个过程,广告的效果有一定持续期限,不同于即时结清的货物买卖,因此广告活动主体之间在广告活动中必须依法签订书面合同,明确各方的权利义务。这样做,一方面有利于维护广告市场正常秩序,另一方面也有利于保护当事人合法权益不受侵害。2 广告活动主体不得在广告活动中进行任何形式的不正当竞争。所谓广告活动中的不正当竞争行为是指广告
Third, the code of conduct of advertising activities Chapter III of the “Advertising Act” is the second chapter “Advertising Guidelines ” corresponds to “Advertising Guidelines ” is the advertising content and forms of expression Regulate, and “advertising campaign ” chapter is to regulate the behavior of the main advertising activities in the advertising market. These codes of conduct include: 1 The subject of the advertising campaign must sign a written contract legally in the advertising campaign. The contract is a legal act that is consistent with the meaning of the relationship between the parties in establishing, changing and terminating civil rights and obligations. Advertising activities in different entities have different civil rights and obligations, advertising is an invitation to others, advertising is a process, the effectiveness of advertising has a certain duration, unlike the immediate settlement of the sale of goods, so Advertising activities between the main advertising activities must sign a written contract, a clear rights and obligations of all parties. In doing so, on the one hand it is conducive to maintaining the normal order of the advertising market, on the other hand, it is also conducive to protecting the legitimate rights and interests of the parties from infringement. 2 The main body of advertising may not engage in any form of unfair competition in the advertising campaign. The so-called unfair competition in advertising activities refers to advertising