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Brief comments on the Institutional Working Paper of INDECOPI N° 003-2020: Proposal for INDECOPI to be a Constitutionally Autonomous Agency
In a social and democratic State, that seeks the efficient economic functioning of the market, legal certainty and equality must be provided, so that through the autonomous bodies the State can rely on these to provide efficiency, control and execution in certain tasks in different areas. State protects companies or agents in the market (right to free enterprise) and promotes the protection of consumers as well. Based on this, there is a need for Indecopi to be a constitutionally autonomous body since potential contravention of its functions, independence, and impartiality, could affect essential principles such as the protection of fundamental rights, in particular Consumer Rights. In...
Exhaustion of Trademark Rights
Trademark Law, like other rights, has limits. In particular, the rights of third parties or legal assets that the system also wishes to protect. Thus, in the case of trademarks, it is important to remember that it was developed within a competitive context, so it must be in harmony with other disciplines such as those of Competition Law. Parallel Imports in Decision 486 Decision 486, Supranational norm that regulates the aspects of Industrial Property for the CAN countries (Peru, Colombia, Ecuador, and Bolivia), states the following: 158. Registration of a mark shall not give the right to prevent a third party from engaging in commercial acts in relation to a product protected by the said...
Domain names versus trademarks
The nature of a trademark and the nature of a domain name are different, which is why it generates controversies. The registered trademark confers territorial rights limited by a certain class of the International Nomenclature, while the domain name does give its owner a cross-border right. In that sense, we will detail both concepts and from it, the main controversies will be exposed. Registered Trademark A trademark is a sign that represents the products or services offered by a certain company, which facilities its recognition by consumers. In that sense, the main function of a trademark is its distinctive nature. Every entrepreneur needs to identify their business in the market, so...
An introduction to Advertising Principles
Advertising Principles Advertising legislation is regulated by Legislative Decree 1044, Law on Repression of Unfair Competition. 4 basic principles apply: 1.- Principle of Veracity[1] The objective of any advertisement is to promote the services or products for consumers to purchase. In this way, humor or exaggeration are allowed in advertising. For example, if the advertiser of a product indicates that it is the best in the world, the consumer will understand that they are exaggerations to attract attention. However, those statements that are objective will be subject to audit by the competition authority, since the consumer will take them as essential information to carry out their...
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