Strong advertising agreements are a staple across a number of industries, including media, wholesalers and manufacturers. Good advertising equals good revenue, so all businesses should have comprehensive, watertight agreements for advertising in place.
These diverse industries are changing and evolving rapidly and full compliance with advertising law is essential so that UK and EC competition law is not breached. In part, new technologies will be promoted at the same time as protecting the individual commercial rights and interests of the business. Commercial lawyers have the breadth and depth of experience, and knowledge of the market, needed to create a strong advertising agreement for individual businesses.
Commercial advertising agreement lawyers
Oratto is an online system which enables you to take control of choosing your commercial lawyer. Whether you are involved in a dispute, or you're looking for a solicitor to draft an advertising agreement, seeking legal advice early is always recommended for a quick, secure result. Oratto has a number of member solicitors who are highly experienced in both drafting and constructing advertising agreements and dealing with commercial disputes, should they arise. To contact one of our member solicitors, simply choose from the list on this page. Or, alternatively, you can send your details to Oratto and we will use the Match function to identify the best commercial lawyer for your individual needs.
Advertising law
Advertising law is split into a few key areas, which often intersect. These include IP, commercial, corporate and employment law. Commercial lawyers will be experienced in each of these areas and fully understand how each one relates to your advertising agreement. The concept of advertising includes print-based marketing, online marketing and direct electronic marketing. Drafting commercial agreements in relation to advertising and marketing encompasses the following:
- content licensing
- sponsorship agreements
- competition terms and conditions
- trade mark protection
- third party IP rights in marketing and advertising communications
- brand promotion and protection
- privacy and defamation clauses
- CAP codes, DMA code and Data Protection Act compliance
- clearance and licensing
- immigration law, especially visa applications for exceptional talent, Tier 5 and Tier 2
- negotiation and drafting of agreements concerning IPR assignment and licensing
Good commercial agreement handling involves prevention rather than cure, so that advertising and marketing campaigns can be carried out without the worry of expensive and time consuming legal disputes. Although there will be clauses to deal with disagreements, it is better for manufacturers, wholesalers and retailers alike if disputes do not arise. Your chosen solicitor will be able to advise you on regulatory compliance concerning online advertising, direct marketing and e-commerce. Comparative advertising is also a key consideration.
Advertising agreement compliance
General advertising, including online promotions and in the media, must comply with UK and EC competition law. Active sales are prohibited within another distributor's exclusive territory, but passive sales are allowed. This is when the advertising does not target consumers directly, but if it is reasonable to advertise in this way for the benefit of other customers, and unsolicited responses are received, then this is classified as passive sales.
Online and offline advertising campaigns are subject to stringent rules which must be carefully adhered to. An experienced commercial lawyer will be able to help you with this and ensure the best advertising exposure whilst simultaneously ensuring compliance with the law.
To begin drafting an advertising agreement or for advice regarding marketing compliance or any aspect of advertising law, contact an Oratto member commercial lawyer today.
