What are the Acts of Deception in Unfair Competition?

competencia desleal

 

 

 

 

 

 

 

 

 

 

 

Are considered acts of unfair competition acts of deceit typified by the LCD which are liable to mislead the recipient and affect their economic behavior.

The Act Unfair Competition in his article 5 includes what are considered "Acts of deception": any conduct that contains information (even being truthful) can induce error recipients, influencing their economic behavior, always incident on any of the following:

a) Existence or nature of the good or service.

b) Main features of the same.

c) Sales assistance and claims.

d) Business or professional commitments, relationship, or approval of goods or services.

and) Price.

f) Need a service or piece and change the initial price.

g) Features such as your employer or professional identity, connections, rights or awards.

h) Consumer rights or risks.

Also, 2nd paragraph states that if the employer or professional indicates that you are bound by a Code of Conduct, the breach thereof, considered unfair, provided that on the one hand this is verifiable, plus the economic behavior of the target distortion.

The main purpose of these so-called "Acts of deception"It is the misleading advertising. Its regulation at Community level has been harmonizing since Directive 84/450/EEC, subsequently amended by Directive 2005/29/EC (for misleading advertising to consumers) and the directive 2006/114/EC (Gig between employers).

In the Act Unfair Competition, generally, are collected the acts of deception Article 5 and misleading omissions Article 7. Subsequently typify deceptive practices Articles 21 a 27.

As we have seen above, are three elements necessary for consideration as an act of deception: typing in the law, capacity to mislead the recipients and the ability to influence the economic behavior of the recipient.

As usually happens in law, the "workhorse" lies in the test. You are a subject "in the Pacific". In any case, keep in mind that Article 217.4 the LEC, projected to for the respondent the burden of proof for the accuracy and veracity of the statements made and expressed in their advertising.

But also, Article 12 Directive 2005/20/EC that empowers juzgador, in the circumstances of the case, imposes the burden of proof to both sender and recipient information.

Need not actually occur deception, but is considered incurred on the exchange if information is sufficient to mislead. And that is modulated sufficiency depending on the target such information, is not the same as information is delivered to a average consumer, that especially vulnerable consumers, that qualified professionals.

On the other hand, if advertising is so exaggerated that is not taken seriously by the recipient and therefore does not alter their behavior, not consider a "deceptive act" under the Unfair Competition Law.

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