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 2026

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

Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
A strong Canadian business helped lift profits, but the IP service group's latest results underline the pressure facing its operations in Australia, New Zealand and parts of Asia
Wins in court have been key to the six-year-old firm’s growth, as one of its founders explains
The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
While individual lateral hires and full-scale mergers remain popular options to scale a firm’s IP practice, recent activity indicates that a third option is proving successful
Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
As firms invest in scale, professional management and technology, trusted client relationships may become the competitive edge that cannot be automated
Gift this article