Latin America : Chapter 8

• Published date: 01 January 2002
• DOI: 10.10520/EJC74004
• Date: 01 January 2002
• Pages: 57-61

CHAPTER 8

LATIN AMERICA

1. Introduction

2. Mexico

3. Argentina

4. Brazil

5. Chile

6. Venezuela

7. Paraguay

8. Conclusion

1. Introduction

Currently the economies of the Latin American countries are in a stage of

integration.1The governments are changing their policies and now pro-

mote decentralised structures and free market mechanisms. To cater for

this economic integration many of these countries have adopted con-

sumer protection laws.2Consumers are particularly vulnerable in such

new free markets and consequently these laws are designed to protect

their economic interests, dignity and integrity and in general to increase

their confidence in these new policies.3The governments concerned were

aware of the fact that advertising has a material influence on consumer

choices and behaviour and were thus motivated to make advertising in

general subject to strict regulations. They were even more concerned

about comparative advertising and consequently enacted stringent provi-

sions to be applied in this regard.

Despite all these restrictions advertisers are using direct comparative

advertising more and more. The motivation behind it is that competition is

increasing and as more developed nations, e.g. the USA, enter the mar-

kets the need for comparative commercials increase.4

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1 For example the North American Free Trade Agreement of 17 December 1992

(NAFTA). This agreement was signed by the leaders of Canada, Mexico and

the United States. A significant number of the provisions of Chapter 17 of this

Agreement are similar to that of the General Agreement of Tariffs and Trade

(GATT) concerning trade related aspects of intellectual property rights

(TRIPs).One of NAFTA’s objectives is to provide adequate, effective protection

and enforcement of intellectual property rights. It further states in the preamble

that it will attempt to “foster creativity and innovation, and promote trade in

goods and services that are the subject of intellectual property rights”. Zendel

and Prahl 1993: 20. For more information on NAFTA see also Rangel-Ortiz,

Intellectual Property and NAFTA with reference to TRIPs and to Mexican Law,

International Review of industrial property and copyright, Volume 27, page

771-791.

2 Beller 1995: 940.

3Id.

4 Beller 1995: 940.