Issues of legal regulation of the use of intellectual property rights objects in comparative advertising

The article examines the legal regulation of the use of intellectual property objects in comparative advertising within the Ukrainian legal framework, with a particular focus on harmonization with the European Union's legislation. Advertising,as a tool to influence consumer behavior, frequently employs intellectual property objects (e.g., trademarks, trade names, industrial designs). In such cases, legal requirements in the areas of advertising, intellectual property, consumer protection,and competition law must be simultaneously met.The study highlights that the Ukrainian legislation still contains inconsistencies and terminological ambiguities. Notably, the current version of Article 11 of the Law of Ukraine ’’On Advertising’’ lacks terminological precision, particularly regarding the definitions of ’’features of competitors’’ and other descriptors of intellectual property use in advertising. Moreover, the article reveals duplication of legal norms in national legislation, such as Article 16 of the Law of Ukraine ’’On Protection of Rights to Trademarks for Goods and Services’’, which has been amended by two different laws with similar content, leading to confusion in interpretation and enforcement.A special focus is given to the legal uncertainty surrounding the use of industrial designs and geographical indications in comparative advertising. The absence of explicit legislative provisions on the lawful use of such objects in advertising campaigns may result in an unjustified restriction of intellectual property rights or, conversely, provide legal loopholesfor unfair competition.The article concludes that while the introduction of limitations on exclusive rights in favor of comparative advertising is consistent with EU practice, Ukraine’s current legal regulation lacks the necessary clarity, coherence, and terminological unity. The article proposes amendments to the laws governing advertising and intellectual property, including harmonizing terminology, eliminating duplicated provisions, and ensuring that all types of intellectual property objects, including geographical indications and industrial designs, are covered by consistent legal frameworks for use in comparative advertising.