International Journal of Business Economics and Management Research
  • Year: 2011
  • Volume: 2
  • Issue: 9

Right to Commercial Speech vis-À-vis Rights of Competitor

  • Author:
  • Manjinder Gulyani
  • Total Page Count: 11
  • Page Number: 12 to 22

Department of Law, Kurukshetra University, Kurukshetra

Abstract

For every legislator it is inevitable to harmonize different competing interests in the society because it is natural that one's right may interferes in other's liberty. So as Bentham says “to ensure maximum happiness of maximum number” has to be the main duty of the sovereign; he is to regulate every right and liberty in such a way that the individual liberty and social welfare both are protected. Accordingly, when the right to commercial speech is exercised by one, it may abridge the rights of the competitors. Hence there is a need to regulate these rights for the sake of constitutionalism. In this paper also the interface between these two rights has been explored with a focus on harmonization of the both.

Keywords

Commercial speech, competitor, advertisement