Exploitation of a third-party patent as an act of unfair competition

Abstract

Undoubtedly, the Law on the Promotion of Competition and Effective Consumer Protection (hereinafter LPCDEC) subjected to a system of privileged guardianship the claims against those acts carried out between the same economic agents that could be classified as unfair, in accordance with the general clause laid down in Article 17 of that same law; and that contrary to what some understand, it is not considered that you have introduced a taxable or closed list of conduct that may be considered contrary to the rules of correction and good commercial uses.

On the contrary, the very wording of the rule suggests that the legislative technique introduced clauses opened for the purposes that the judicial authority, on a case-by-case basis, could define in each individual case whether or not the event could be regarded as an act of unfair competition. Which is undoubtedly identified with the most modern trends in the subject, which they claim. Clearly, the Act cannot capture the myriad possible situations, but must dictate general principles that determine the treatment to be given to each of the great types of business actions identified.