随着市场经济的日益繁荣,商品的多样性导致竞争的激烈化不断加深,广告宣传成为众商家的必须手段,为了获得更大的市场份额,吸引消费者的眼球,广告宣传可谓是各出奇招,但在这么多的广告中,以不正当竞争:虚假宣传、贬低竞争对手等手段的广告也随之泛滥,扰乱市场秩序,造成严重的社会危害。《反不正当竞争法》虽然以专门条款去规范广告宣传中的不正当行为,但在实践中,在形形色色的广告宣传中,如何判断、认定以及适用,并追究侵权人的责任,在此阐述个人浅见。 With the increasingly prosperous market economy, the diversification of commodities has led to the deepening of competition. Advertising has become an indispensable tool for public businesses. In order to gain greater market share and attract the attention of consumers, advertising can be said to be unique However, in so many advertisements, unfair competition: advertisements such as false propaganda and belittling competitors are also spreading, disrupting market order and causing serious social harm. Although the Anti-Unfair Competition Law regulates improper acts in advertising with special provisions, how to judge, identify and apply various kinds of advertisements in practice and hold the infringer’s responsibility in this Personal humble opinion.