Argentina: Comparative advertising in the new Civil and Commercial Code

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Argentina: Comparative advertising in the new Civil and Commercial Code

Several rules have been applied to comparative advertising, for example competition law rules which regulate unfair competition (Section 159 of the Argentine Criminal Code, Section 10 bis of the Paris Convention), and trade mark-related rules.

Now, with the approval of the new Civil and Commercial Argentine Code, comparative advertising, which had been dealt with basically from the point of view of the unfair competition law or the trade mark law, is also dealt with, in the new Code, from the perspective of the consumer law. In this regard, the code establishes when comparative advertising is prohibited.

Section 1101 of the new Code makes reference to the different types of advertising that are prohibited, and specifically subsection b) refers to the cases in which comparative advertising is prohibited. This section states:

Advertising. Advertising shall be banned if:

...

b) it makes comparisons between goods or services, when the nature of said comparisons is such that they lead the consumer to error;

Therefore, by virtue of this section, the prohibited comparative advertising is that which is not based on the truth and, consequently, leads the consumer into error. It is, for example, comparative advertising based on elements or parameters that lack objectivity.

It should be noted that the prohibition established is intended to protect the consumer, as the Code effects such protection when regulating consumption agreements and, thus, other principles or regulations shall become applicable to the conflicts that comparative advertising might cause among competitors.


Daniel R Zuccherino


Obligado & CiaParaguay 610, 17th FloorC1057AAH, Buenos Aires, ArgentinaTel: +54 11 4114 1100Fax: +54 11 4311 5675admin@obligado.com.arwww.obligado.com

more from across site and SHARED ros bottom lb

More from across our site

Former in-house counsel Andriana Shultz Daly has returned to the firm with client-side insight and courtroom skills to build the firm’s life sciences practice
The LMG Life Sciences Awards announces the 2025 winners for the 13th annual awards!
News of AI company Cerence accusing Apple of patent infringement and a hiring update from Lewis Silkin were also among the top talking points
The addition of BH EVS as a licensee enhances the outreach of the Qi pool, which now licenses nearly half of the global auto supplier market
Only a few international law firms have made a mark in Australia’s IP market, but Rouse entering the field could be a sign of changing times
Caroline Casalonga reflects on her journey as the French firm’s first female leader and shares her dream of building the outfit into a major European independent IP practice
Firm says the hire of Laura Ramsay will help consolidate its position as a ‘market leader’ for premium IP work
CEO Martyn Fish reflects on the past as HGF celebrates its 30th anniversary and discusses how PE investment has helped the firm’s people and clients
The 105-year-old IP firm Wrays and related business Aperture Insight will join Rouse but operate independently
The winners will be revealed during a ceremony in Ho Chi Minh City, Vietnam, on November 6
Gift this article