ICC Marketing Committee

ICC’s marketing rules have been fundamental to the structure of self-regulation
around the world. The self-measures in the rules have created consumer confidence
by ensuring that the advertising is honest, legal, justifiable and free from offensive
elements and that correction can be done quickly and easily when violations occur. The work
on drafting and revising the ICC Rules for Advertising and Marketing Communication is
based in Sweden on the ICC Marketing Committee. In 2017, ICC’s
Marketing Code will be 80 years old. In connection with this, a revision of the code will also be initiated.

The last meeting of the committee was initiated by discussion on involuntary advertising on
illegal sites. Tobias Eltell and Niklas Briselius, members of the committee and federal lawyers
at Sweden’s Advertisers, began this fall’s meeting by presenting Sweden’s Advertisers
‘ Recommendation on involuntary advertising on illegal sites.

Current

ICC Discussion Paper on Labeling and Packaging Measures impacting on Brand Assets

ICC points out in a new discussion paper (see link to the right on this page) how regulations
for how companies can use their brands and logos, affect competition in
consumer buying choices, companies’ investments in innovation and quality, global trade and the
value of assets for companies. The ICC urges decision makers to carefully consider
legislative interventions based on global agreements on how intellectual property rights should be regulated
and whether the benefits of new legislative measures truly outweigh the adverse effects of
interventions. In the first instance, less intervention and less costly measures should be considered
to achieve the purpose of the regulation, ie measures that do not risk or at least as little as
possibly affect companies’ ability to use their brands as a
means of communication in the market.

There are many examples of regulations that, for example, for health or safety purposes, limit the
ability of companies to freely dispose of a brand. The ICC does not question that in some cases there may
be purposes that justify restrictions on companies’ use of their rights. The most
notable is plain packaging for cigarettes, which means that cigarette packages must be completely
brand neutral in their design. However, without making any assessment of such regulation in this
or other individual cases or the underlying purpose of restricting corporate rights, the
ICC would like to clarify that an infringement of corporate rights should be made on the basis of an approach such as in
first and foremost can be achieved without interference with the intellectual property system. The ICC therefore invites
decision-makers to carefully consider intellectual property and other consequences of various regulations in
their analysis, and to thoroughly analyze whether the measures are necessary, proportionate and in what
way the purpose can be achieved based on taking measures that entail as little infringement of
intellectual property as possible.

The ICC has the following advice and calls for decision makers:

  1. Be clear about what the regulation is going to achieve, consider which action is most effective and
    base decisions on a scientific basis.
  2. Ensuring transparency and involving stakeholders in the decision-making process.
  3. Analyze the impact on all stakeholders, try to minimize market distortions and stimulate
    investment and innovation.
  4. Use accepted regulations and standards as well as gained experience.

 

ICC Statement on Code Interpretation: Reference Guide on Advertising to Children

The ICC Rules for Advertising and Marketing Communication (ICC Rules) have since 1937 guided the business world in how to conduct marketing in an ethical manner. Among other things, It includes principles for how business ethically should handle marketing aimed at children and young people. In a supplement (see link to the right of this page) published in December 2016, the ICC clarifies that there is a difference between children and adolescents. In the ICC Rules, ”children” shall be understood as children 12 years or younger, and ”youth” as teenagers under 18 years.

 

Kommitténs ledamöter

Ordförande: Helén Waxberg, Partner, Mannheimer Swartling

Malin Allard Advokatfirman Cederquist
Marcus Ateva Advokatfirman MarLaw AB
Christopher Büller Advokatfirma DLA Piper Sweden KB
Bodil Ehlers Kastell Advokatbyrå AB
Tobias Eltell Sveriges Annonsörer AB
Christopher Engman Climeon AB
Anders Ericson Sveriges Annonsörer AB
Jan Fager JM Fager
Alexander Jute Advokatfirman MarLaw AB
Emma Linnér Husqvarna AB
Christer Löfgren Brand Eye AB
Claes Månsson Advokat Claes Månsson AB
Ann Nilsson Danowsky & Partners Advokatbyrå
Henrik Nilsson Wesslau Söderqvist Advokatbyrå
David Nilsson Vendemore
Susanna Norelid Advokatfirman NorelidHolm AB
Thomas Nygren Hamilton Advokatbyrå KB
Christina Nylander Sveriges Kommunikationsbyråer
Charlotte Nörklit Advokatfirman Lindahl AB
Helena Rönqvist Hewlett-Packard Sverige AB
Lena Seratelius Advokatfirman Reklamjuridik i Sverige AB
Anders Stenlund Tor KB
Mathilda Stenman Philip Morris AB
Fredrik Ståhl Time Advokatbyrå KB
Per Svanteson Com Hem AB
Carl Anders Svensson Advokatfirman MarLaw AB
Axel Tandberg Tandberg & Partners AB
Daniel Tornberg Advokatfirman MarLaw AB
Elisabeth Trotzig Reklamombudsmannen
Elisabeth Vestin Hannes Snellman
Gunilla Welander Reklamombudsmannen
Stefan Widmark Kastell Advokatbyrå AB
Sanna Wolk Uppsala Universitet