COURSE OBJECTIVE

To cover key legislation, case law and codes of practice in force and take a practical look at compliance strategies to avoid costs, damage to reputation, complaints and disputes.

New legislative and regulatory initiatives arise every day. If you are involved in creating marketing and advertising campaigns and brand management, it is imperative that privacy, security and identity risks associated with your marketing and advertising campaigns are addressed.

This in-depth and practical two-day course has been tailored to help you understand key legislation, case law and codes of practice in force. It takes a practical look at compliance strategies to avoid costs, damage to reputation, complaints and disputes.

By the conclusion of the course, you will be able to understand laws relating to protecting and enhancing your business reputation through marketing, effects and requirements of various regulatory bodies and most of all, develop a compliance programme for your organisation.

An overview of the current legal environment and how it applies to organisations

This opening session will examine:

• A general introduction to relevant advertising and marketing law

• Achieving regulatory compliance - key areas to consider

• Key enforcement bodies and their roles and responsibilities

Working with Marketing Law

This module deals with the laws relating to protecting and enhancing your business reputation through marketing. Discussion will include licensing, copyright, trademarks, passing off, patents and design, and the Commerce Act.

• Basic rules for protection of your product

• Protecting names, images and brands

• Protecting ‘get-up’

• Misuse of market power, price fixing, lessening competition

• Character and ambush merchandising

• How to make use of resources and registries

• Marketing on the Internet and problems associated with this

Working with Advertising Law

This session covers in detail the effects and requirements of the Fair Trading Act, Consumer Guarantees Act, Sales of Goods Act, Advertising Standards Authority (ASA), and the role of the Television Commercial Approvals Bureau (TVCAB), the Liquor Advertising Pre-vetting System (LAPS) and the Therapeutic Advertising Pre-Vetting System (TAPS). Discussion will also include the risks which may arise from defamation, privacy, breach of confidence, and censorship.

• What can you say about your products and services?

• What can you say about other people’s products?

- comparative advertising

• What materials you can safely use in advertising campaigns

• How to avoid misleading and deceptive conduct under the Fair Trading Act

• How pre-vetting systems work

• What standards you are required to meet?

Remedies and penalties

An examination of the costs of failing to comply with relevant regulatory requirements.

• Damages

• Injunction

• Account of profits

• Disclosure of sources

• Specific performance

• Criminal and penal

• Other

Case studies

This session will use real fact situations to demonstrate how the law works in particular areas such as:

• Defamation

• Privacy

• Misleading and inappropriate advertising

• Copyright

• Trademarks and design

• Passing off

Ethics and the relevant legal parameters

Clarifying the balance between what the law requires and what constitutes good practice in Marketing & Advertising:

• Understanding the often blurred line between what you can legally do and should do

• Areas of liability

• How do ethics in marketing and advertising relate to social responsibility?

• Establishing ethical codes and complying with them

• Doing your own ethics audit

Developing a compliance programme for your organisation

How can you control and avoid legal risks and liability, and when should you seek outside advice?

• Understanding the compliance issues relevant to your organisation/industry

• Incorporating legal advice

• Integrating compliance requirements in your marketing and advertising plan

• Drafting and implementing policies and procedures