list of contributors - GALA

- When it contains a false name or false information oriented
not to identify the person or company transmitting the
message.
- When it contains false or deceitful information under
“subject”, which does not coincide with the contents of the
message.
- When it is sent or transmitted to a receiver who has requested
that such advertisement not be sent to his e-mail address,
after a term of two days counted from the day the request is
made by receiver.
6. The following persons/companies will be considered responsible of
the illegal conduct under #5. above:
- Every person who sends electronic mails which are
unsolicited, containing commercial advertising.
- Companies or persons which are directly benefited with the
advertisements.
- The intermediaries of unsolicited electronic mails, such as
service providers of electronic mail.
7. The receiver of the illegal electronic mail may initiate a judicial
proceeding in order to obtain compensation, which shall amount to
1% of the tax unit for each of the messages transmitted in
contravention of this law, with a maximum of 2 tax units (each tax
unit amounts to approximately US $1,012.60).
8. Indecopi – National Institute for Defense of Competition and
Protection of Intellectual Property, namely the Commission for
Consumer Protection and the Commission for Repression of Unfair
Competition, is the competent authority to resolve on infringement
conduct against law 28493.
Law 28493 will come into effect 90 days after its date of publication, 12
April 2005.
3. Topic Principle of fairness in advertising
Who: Peruvian cola company
What Happened: A Peruvian company, manufacturer of one of the leading colas (beverages) in
the Peruvian territory, filed an infringement action against a manufacturer of
another cola, of same color, based on the alleged infringement of the
principle of fairness in advertisement, regulated in Article 7 of Legislative
Degree 691.1
The advertisement subject to infringement action takes place in a minimarket
while two delivery men of cola A (product of claimant) and cola B
1 Article 7, Legislative Degree 691 “Every advertisement must respect free and fair mercantile competition.
Advertisements must not imitate the general scheme, the text, the slogan, the visual presentation, the music or sound effects of
other advertising messages, national or foreign, when the imitation may produce error or confusion.
Advertisements must not denigrate any company, trademark, product or ad, directly or by implication, by disdain, ridicule or
any other means.