When prescribing the actions of unfair competition?

prescription unfair competition








Statutes of limitation of actions of unfair competition are relatively short.

If you set it in article 35 of la Unfair Competition Law:

Article 35 Prescription

The actions of unfair competition under Article 32 prescribed by the lapse of one year from the time that could have been exercised and legitimized learned of the person performing the act of unfair competition; and, in any case, by lapse of three years from the time of completion of the conduct.

The limitation of actions in defense of the general interests, the diffuse groups, of consumers and users, is governed by the provisions of Article 56 the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

As for the reference to Article 56 the LGDCYU, the injunction is imprescriptible and action against unfair terms as Terms of prescribed 5 years after its registration.

The actions of unfair competition under Article 32, have established two deadlines prescription.

Within one year

The term is one year since the following two requirements are met:

1.- Could bring an action: unfair act is met.

2.- She had knowledge of the person who performed the act of unfair competition.

If only attends one of these two requirements, does not start within: Until we know the perpetrator, have the possibility of raising the action. This is a civil action should be directed against certain persons so the plaintiff must prove the authorship.

Within three years

In the event that the term of one year does not apply, not be considered viable action for unfair competition if it has been more than three years since the end of such conduct.

Namely, while continuing to produce unfair conduct, not begin to count the term. Once it stops producing the unfair act, three years to file the application.

If I had not spent the year since it was bringing the action and knowledge of authorship was, But three years have passed since the end of the unfair act, action prescribed.

How to interrupt the period?

The period can be interrupted by a court complaint. But this claim must meet a number of requirements:

  • Must be reliable: must be proof of receipt by the addressee, so you will have to use a burofax return receipt or certification of content or Notary Public.
  • Should clearly announce the intention to exercise action for unfair competition.

It is quite common these cases are lost by the one-year limitation: once detected the act of unfair competition, a complaint by email or fax it intersects with the perpetrator. And with the rush of day to day business, Spending a year without having brought the relevant action. Upon the filing, the defendant is very easy to prove the passage of one year from the knowledge and the case is lost, with costs in addition to precisely, had been injured by the act of unfair competition.

Consult your case now

Leave a Reply


Set as default language
 Edit Translation

Subscribe to receive a book PDF

Just for signing up receive via email the link to download the book "How to change lawyers" en format digital.
Sign up here

Sígueme en Twitter

Subscribe me

* This field is required