Can I order interim measures in cases of unfair competition?

medodas cautelares en competencia desleal












In a situation of unfair competition, the time it takes a process could have irreparable consequences. To avoid, provides for the adoption of precautionary measures.

If through acts of unfair competition they are taking customers to a company, within a few months, I could see it forced to close. The churn in that time would be irreparable, even after the application is deemed.

Thus, provides for the adoption of precautionary measures which ensure that the resolution is effective. Included in Article 727 the LEC. Must meet the requirements of Article 726 the LEC:

1.- Your goal should be the effectiveness of the remedy and no other.

2.- Must be proportional, effective but least burdensome or detrimental to the defendant.

To adopt a precautionary measure the presence of the following elements are required:

1.- "The danger in delay" or danger of delaying the process prevents effective judicial protection.

2.- "Fumus boni iuris" or look good right: must substantiate the application for precautionary measures sufficient arguments for, Even without going into the merits, the court can consider arguments that are favorable to the plaintiff.

3.- Caution: should cover the risk of harm to the defendant occur with the adoption of the precautionary measures. You can enter an amount or provide a guarantee. The bond is "offers" on written request, in the amount and form provided by law but it is the judge who ultimately determines the. The lack of the bond offering to do that ignore the precautionary measures.

When the action is requested cessation, public entities are exempt from the obligation to provide security and consumer associations may request to be excused from this duty.

The main preventive measures are:

1.- The lien: to ensure that if there is a sentence to pay an amount, You can collect.

2.- Intervention and receivership.

3.-Inventory of assets.

4.- Notation of liens.

5.- Order to cease activity.

6.- Abduction of products or machines.

Application precautionary measures can be done either before filing suit in an emergency (and in this case you must submit the claim within 20 business days), as with demand or even after his presentation.

The judge shall by order.

In summary, given the collapse of the courts, adopting precautionary measures it may be necessary to defend their rights in the event of being affected by acts of unfair competition.

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