OTHER IP MATTERS
 
 

CONSUMER PROTECTION: 

  • Consumer protection is ruled by Law 24,240. Consumers have the right to initiate individual actions from the moment their rights are threatened. The Commerce and Industry Secretary enforces the Consumer Protection Law by reviewing contracts of adhesion, conciliating in disputes and imposing penalties in the event of violations.
  • The Law protects consumers of products and users of services against incorrect or improper information about the goods or services offered. 


ANTITRUST LAW: 

  • Acts which restrict or distort competition, constitute an abuse of a dominant market position or cause damage to the general interest are prohibited. The law imposes penalties on companies (and their officers) that willfully participate in behavior which infringes the provisions of the Antritrust Law.
  • Examples of such acts are: fixing prices (directly or indirectly); imposing discriminatory conditions for the purchase or sale of goods; limiting or controlling technical development; establishing minimum quantities or allocating zones, markets or customers; excluding one or more competitors from access to markets; refusing selling when purchase orders are effectively placed in market conditions; destroying products at any stage of production or processing; etc.
  • The Law defines "dominant position" as the position enjoyed by a company in the market where they are not exposed to substantial competition from third parties or where there is no effective competition between them. 
  • Complaints must be submitted to the National Commission for the Defense of Competition, which may bring actions. This commission may also institute proceedings by itself.


TRADE SECRETS:

  • Any information, design, device, process, composition technique or formula which is maintained as a secret and which affords its owner a competitive business advantage is protected by different regulations and principles.


UNFAIR COMPETITION:

  • This concept is typified in the Argentine Penal Code which sanction those persons who act using illicit means to deviate the clientele to his own benefit. Examples of such acts are: using or practicing deceit to discredit of a competitor, generating confusion in the consumer in relation with the involved products or services, etc.


FAIR TRADE LAW:

  • The Law 22.802 governs the identification of goods, and establishes the indication that products must content to be commercialized in the country. It also rules advertisement, avoiding deceptive or false advertisement, and governs sales promotions of goods and services by way of prices or awards.

 
 

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