Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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 ros bottom lb

More from across our site

Shira Perlmutter, US Register of Copyrights, discussed the copyright office's role in generative AI policy during a House of Representatives hearing
The award marks one of the highest-ever damages received by a foreign company in a trademark infringement suit in China
Two orders denying public access to the documents have reignited a debate over a lack of transparency at the new court
Rouse’s new chief of operations and the firm’s CEO tell Managing IP why they think private equity backing will help it conquer Europe
Brian Landry, partner at Saul Ewing, reveals how applicants can prosecute patent applications in the wake of the Federal Circuit's In re Cellect ruling
Ronelle Geldenhuys of Australia’s Foundry IP considers the implications complex computer technologies such as AI have on decision-making
Bertha Ho, who helped the Hush Puppies owner with the sale of its IP rights in China and Hong Kong SAR, explains how to navigate complex transactions in the region
Online storytelling platform Humans of Bombay isn’t wrong for trying to protect its copyright, but it could have handled its dispute better
We have started accepting submissions from in-house counsel and teams for the 19th annual Managing IP Awards programme
Patient groups and generics makers may have to bear the brunt of India’s latest attempt at patent reform