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OTHER
IP MATTERS
CONSUMER PROTECTION:
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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.
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The Law protects consumers of products
and users of services against incorrect or improper information about the
goods or services offered.
ANTITRUST LAW:
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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.
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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.
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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.
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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:
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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:
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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:
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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.
The information contained in this
website is not intended to constitute legal advise or other professional
services. Instead, this information is merely intended to be of a general
nature and is provided solely for the interest of the reader. Accordingly,
we can not accept any responsibility whatsoever for its use. Take into
account that this information should not be used as a substitute for a
full and proper consultation. We have attempted to ensure that all information
contained on this site has been obtained from reliable sources. However,
the accuracy, integrity and entireness of any information provided on this
site cannot be guaranteed, and we cannot be responsible for any errors
or omissions or any consequences arising from its use.
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MI®ANDA
& ASO©IADOS
Lavalle 1718
2º B (1048) Buenos Aires - Argentina
Tel.: (5411)
4373-3480 Fax: (5411) 4372-1820
E-mail: mm@miranda-argentina.com |
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