We provide preventive advice on commercial advertising, from the preparation of a flyer to advertising campaigns and commercial strategies. We advise our clients regarding complaints and investigations before INDECOPI, OSIPTEL and other administrative and judicial bodies, as well as self-regulatory bodies for acts of unfair competition (violation of the principle of legality, veracity, social adequacy, misleading, among others).
We advise on obtaining permits for commercial promotions before the ONAGI
Acts of unfair competition are prohibited by law (Legislative Decree 1044) and are sanctioned by the Commission for the Supervision of Unfair Competition (CCD for its acronym in Spanish) of INDECOPI.
In general terms, we can say that the prohibited behaviors and considered acts of unfair competition carried out by economic agents in the market are manifested as follows:
Acts of unfair competition through commercial advertising (e.g., misleading advertising, offensive or discriminatory advertising, etc.)
Other acts of unfair competition: misleading (indication of origin), violation of regulations (e.g., non-compliance with requirements for carrying out activities), acts of confusion (with the competitor), taking advantage of the competitor's reputation, among others.
One of the most serious problems that companies can face in this type of infraction is related to advertising, whether in packaging or an advertising campaign. INDECOPI can order as a precautionary measure the cessation of the advertisement that is infringing the norm, which would eventually mean important economic losses (without considering the fine for these cases, which is generally high) since in general, the advertising campaigns are paid at the start of these or in the case the advertising is in a container, the withdrawal of the products from the market with the consequences even contractual in its distribution and marketing chain.
Our team of specialists has the experience in dealing with these situations and correcting or preventing any possible infraction in any of the modalities described in the standard as acts of unfair competition.
