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advertising and information. Nevertheless, according to the Doctrine of the Superintendency of Industry and Commerce and the jurisprudence of the Constitutional Court, the Estate has to warranty the rights of the consumers about the information transmitted, especially the commercial information. The Superintendency states that information is an extensive concept, compared to advertising which is a kind of information that shows, in the media, a trademark, a good or a service of a merchant in order to inform their existence, to persuade or to influence the consumer to impel sales, or to live a memory in the consumers. Advertising transmits two kinds of information: An objective information, which is verifiable and is related to the characteristics of a good or service and their description, and subjective advertising which is the way that the producer persuades the consumers to buy his goods. 7. Legislation Doctrine 05002326 Topic: Coexistence of trademarks Who: Superintendency of Industry and Commerce When: February 22, 2005 What Happened: In the Andean Community it is possible for trademarks of different owners to co-exist even if they are identical or similar. Nevertheless interested have to file an agreement before the Trademark Office in each country of the Andean Community, in order to protect the rights of the consumers. Coexistence of trademarks has the following characteristics and requirements: The existence in the Andean Community of trademarks similar or identical. The existence of an agreement between the owners. Measures to avoid inducing the consumer into error. To inform the consumers about the specific information about each product. To inscribe the agreement before the Trademark Office. Fulfill the laws of fair competition and commercial customs. Which is the most important is that merchants have to take all measures to avoid the consumer being confused about the origin of the products and their characteristics.
COSTA RICA Uri Weinstok M. Niehaus & Weinstok uweinstok@niehauslaw.com www.niehauslaw.com 1. Proposed Regulation: Proposed reform to the General Health Law Topic: Health related messages Who: Asamblea Legislativa When: March 2005 What Happened: The Ministry of Health sent an initiative to the Congress (Asamblea Legislativa), promoting a reform of the country’s General Health Law (Ley General de Salud). If this reform is approved, all messages that related to public health, or that in the opinion of the authorities may affect public health (including news, reports, and advertising) will have to be previously cleared for publication by the Ministry. Comments: It is very unlikely that an initiative of this kind will be approved. However, the sole fact that it has been sent to Congress tells a lot about the negative attitude of certain authorities towards free speech. 2. Case Report: SMIRNOFF VODKA – “Drink responsibly” Topic: Alcoholic Beverages Where: Instituto sobre Alcoholismo y Farmacodependencia (IAFA) When: December 2004 What Happened: IAFA, the governmental office in charge of reviewing and clearing advertisements of alcoholic beverages rejected an ad for SMIRNOFF VODKA, because it contained the phrase “Drink responsibly”. According to IAFA, this phrase is an explicit invitation to drink, disguised as a warning. The decision stated that only governmental approved warnings may be included, even if the requested phrase was written in addition to such warning. Comments: This case is a good example on how an overzealous regulator may actually loose the point of the real purposes of the regulation. These types of decisions, which reflect a clear distrust in the industry, are actually impeding the advertiser from making more responsible marketing. 3. Case Report: Rexona Fresh Intense Topic: Decency in advertising Where: Oficina Nacional de Control de Propaganda (ONCP) When: January 2005 What Happened: This ad of a deodorant used different persons in daily activities using body paint. The paint was very similar to their normal clothes, and was used to give the impression of persons with his/her clothes stuck to their bodies due to excessive heat, as opposed to the fresh feeling of using the said deodorant. ONCP suspended a TV commercial on the basis that it improperly exposed
Page 2 and 3: Table of Contents Argentina Page 5
Page 4 and 5: United States Page 130 Uruguay 133
Page 6 and 7: marketing campaigns. The Code provi
Page 8 and 9: AUSTRALIA Peter Le Guay Cowley Hear
Page 10 and 11: The regulations are designed to inf
Page 12 and 13: Flight Centre's airfares were guara
Page 14 and 15: AUSTRIA Stefan Kofler Greiter Pegge
Page 16 and 17: BOLIVIA Alexandra Blanco Guevara &
Page 18 and 19: BRAZIL Valdir Rocha Veirano Advogad
Page 20 and 21: 5. Title “Faculdades Hélio Rocha
Page 22 and 23: CANADA Wendy Reed Geneviève Marcot
Page 24 and 25: Second, the finding makes clear tha
Page 26 and 27: CHILE Rodrigo Albagli Guillermo Riv
Page 28 and 29: The Council let the claimant know a
Page 30 and 31: COLOMBIA Ricardo Duarte Duarte Duar
Page 32 and 33: 3. Legislation Decision or sentence
Page 36 and 37: ody parts. Even if all intimate par
Page 38 and 39: CROATIA Mladen Vukmir Vukmir & Asso
Page 40 and 41: the sentences used in the campaign
Page 42 and 43: DENMARK Johan Løje Hans Flensted -
Page 44 and 45: unsolicited electronic mail in the
Page 46 and 47: FINLAND Bernt Juthström, Mikael Se
Page 48 and 49: on information to be given in respe
Page 50 and 51: practices by marketing COKO buildin
Page 52 and 53: 2. Case Report Topic: The represent
Page 54 and 55: 4. Self-regulation Topic: Can cigar
Page 56 and 57: HUNGARY Matias Vallejos Meana Sall
Page 58 and 59: 4. Title Easyjet Topic: Comparative
Page 60 and 61: A complaint was also received by th
Page 62 and 63: Regulator (ComReg). Under the regul
Page 64 and 65: 3. Legislation Topic: Consumer Prot
Page 66 and 67: Quite clearly the models are posing
Page 68 and 69: In this context measures taken to p
Page 70 and 71: models through a clear and illicit
Page 72 and 73: The Jury found that: - company B’
Page 74 and 75: Considering that the fidelity card
Page 76 and 77: JAPAN Wilfred Wakely Aiba & Partner
Page 78 and 79: cease and desist orders, administra
Page 80 and 81: The Court held the trademark was us
Page 82 and 83: 2. Title TELEVISION ADVERTISING LES
Page 84 and 85:
NEW ZEALAND Monica Choy Hesketh Hen
Page 86 and 87:
3. Title Credit Card Companies Pros
Page 88 and 89:
6. Title Therapeutic Services Adver
Page 90 and 91:
PERU José Barreda Barreda Moller m
Page 92 and 93:
- When it contains a false name or
Page 94 and 95:
POLAND Ewa Skrzydło-Tefelska SKS L
Page 96 and 97:
3. Issue: Advertising of medicines
Page 98 and 99:
Comments: This decision shows that
Page 100 and 101:
ROMANIA Florentina Dumitrescu Wood
Page 102 and 103:
or services offered by it. Accordin
Page 104 and 105:
following the legislative initiativ
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SOUTH AFRICA Chris Job & Lindsey Ki
Page 108 and 109:
3. Misleading Advertising Topic: Ad
Page 110 and 111:
In the amended advertisement the ph
Page 112 and 113:
8. Offensive Advertising Topic: Sec
Page 114 and 115:
SPAIN Gerhard W. Volz Schiller Abog
Page 116 and 117:
The criticisms made against the Dra
Page 118 and 119:
SWEDEN Michael Plogell Wistrand Adv
Page 120 and 121:
fulfill the requirements of the MPA
Page 122 and 123:
published advertisements aren’t p
Page 124 and 125:
single bill, customer portal, 24-7
Page 126 and 127:
Polo says it all - small but tough.
Page 128 and 129:
6. Case Report Topic: Licensing Int
Page 130 and 131:
UNITED STATES Douglas J. Wood Jenni
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5. Topic: Degrees of Deception: Int
Page 134 and 135:
The court held that the image right
Page 136 and 137:
penalties stipulated in the law. Th
Page 138 and 139:
2. Case Report Topic: Incorporation
Page 140 and 141:
4. Case Report Topic: Fair Competit
Page 142 and 143:
transmission of institutional messa
Page 144 and 145:
make its own determinations, and in
Page 146 and 147:
CHILE Rodrigo Albagli & Guillermo R
Page 148 and 149:
JAPAN Wilf Wakely Aiba & Partners 4
Page 150:
SWITZERLAND Peter Hofer Frick, Hofe
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