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Informe jurídico de la Resolución 0116-2018/SEL-INDECOPI
(Pontificia Universidad Católica del Perú, 2021-08-18)
En el presente informe jurídico se analiza la Resolución Nº 0116-2018/SEL-INDECOPI,
correspondiente al procedimiento de oficio seguido por el Indecopi contra el Colegio de
Abogados de Lima.
A tal efecto, el autor aborda la metodología del...
This paper analyze the Resolution Nº 0116-2018/SEL-INDECOPI, related to the ex - officio procedure initiated by the Indecopi against the Lima Bar Association. For that purpose, the author address the methodology of the administrative procedure for the elimination of bureaucratic barriers in charge of Indecopi, and the legal development of the concept of bureaucratic barrier in the peruvian legal framework, as well as the constitutional and legal bases of the administrative procedure....
This paper analyze the Resolution Nº 0116-2018/SEL-INDECOPI, related to the ex - officio procedure initiated by the Indecopi against the Lima Bar Association. For that purpose, the author address the methodology of the administrative procedure for the elimination of bureaucratic barriers in charge of Indecopi, and the legal development of the concept of bureaucratic barrier in the peruvian legal framework, as well as the constitutional and legal bases of the administrative procedure....
El INDECOPI y sus Implicancias en el Derecho a la Libertad de Empresa respecto de los Servicios Médicos de Salud, en el Marco de la Constitución Política del Perú
(Pontificia Universidad Católica del Perú, 2020-05-29)
El presente trabajo académico tiene por objeto entender la línea argumentativa del
INDECOPI en los temas de protección al consumidor en el sector salud, observando
cuatro casos respecto a los servicios médicos brindados por entidades prestadoras
del...
Discriminación contra Trato Diferenciado Ilícito: ¿Qué sucede en el Indecopi a raíz del nuevo criterio sobre discriminación?
(Pontificia Universidad Católica del Perú, 2021-07-15)
El objetivo de este trabajo es realizar un análisis del manejo actual que se está realizando
sobre el concepto de discriminación en el Indecopi y proponer una idea acorde a lo que
consideramos pertinente en beneficio del derecho de protección al...
This paper seeks to analyze the current management of the concept of discrimination at Indecopi and to propose an idea according to what we consider pertinent to benefit the consumer protection right, as from de new standard stipulated by the Indecopi’s Chamber of Consumer Protection. In that sense, we will explain what was the previous criterion used by Indecopi and will point out the differences between the illicit differential treatment, the legal differential treatment and discrimination. Subsequently, we will present the figure of the new criterion promoted by the Consumer Protection Chamber and we will explain our point of view in this regard....
This paper seeks to analyze the current management of the concept of discrimination at Indecopi and to propose an idea according to what we consider pertinent to benefit the consumer protection right, as from de new standard stipulated by the Indecopi’s Chamber of Consumer Protection. In that sense, we will explain what was the previous criterion used by Indecopi and will point out the differences between the illicit differential treatment, the legal differential treatment and discrimination. Subsequently, we will present the figure of the new criterion promoted by the Consumer Protection Chamber and we will explain our point of view in this regard....
Informe jurídico sobre la Resolución 199-2013/SPC-INDECOPI
(Pontificia Universidad Católica del Perú, 2024-03-21)
En el presente informe, realizaremos una crítica a la labor y análisis realizados
por el Instituto Nacional de Defensa de la Competencia y de la Protección de la
Propiedad Intelectual (en adelante, INDECOPI) en la Resolución 199-2013/SPCINDECOPI...
In this paper, we will criticize the work and analysis carried out by the National Institute for the Defense of Competence and Protection of Intellectual Property (INDECOPI), in Resolution 199-2013/SPC-INDECOPI, on how to analyze the duty of adequacy in the case of mobile equipment sold with alleged manufacturer's defects. To this end, we will rely on three essential elements. The first relates to INDECOPI's failure to understand the consumer relationship analyzed, which led to an error in allocating responsibilities between the suppliers involved in this administrative procedure, which led to a chain of errors. The second is related to the virtually complete lack of investigative activity on the part of INDECOPI to prove not only the existence of the defect alleged by the consumer, but also that it was a manufacturing defect, which should have prevented the analysis of the duty of adequacy from proceeding. The third relates to the error in the analysis of the duty of adequacy carried out by INDECOPI, from which we can conclude that the entity did not analyze the content of the customer manual on which it based its decision. Consequently, we conclude that the decision of INDECOPI in this case is incorrect, since it attributes liability to a supplier that was not responsible for the infringing behavior....
In this paper, we will criticize the work and analysis carried out by the National Institute for the Defense of Competence and Protection of Intellectual Property (INDECOPI), in Resolution 199-2013/SPC-INDECOPI, on how to analyze the duty of adequacy in the case of mobile equipment sold with alleged manufacturer's defects. To this end, we will rely on three essential elements. The first relates to INDECOPI's failure to understand the consumer relationship analyzed, which led to an error in allocating responsibilities between the suppliers involved in this administrative procedure, which led to a chain of errors. The second is related to the virtually complete lack of investigative activity on the part of INDECOPI to prove not only the existence of the defect alleged by the consumer, but also that it was a manufacturing defect, which should have prevented the analysis of the duty of adequacy from proceeding. The third relates to the error in the analysis of the duty of adequacy carried out by INDECOPI, from which we can conclude that the entity did not analyze the content of the customer manual on which it based its decision. Consequently, we conclude that the decision of INDECOPI in this case is incorrect, since it attributes liability to a supplier that was not responsible for the infringing behavior....
Informe sobre la Resolución N° 1121-2020/SPC-INDECOPI
(Pontificia Universidad Católica del Perú, 2022-08-03)
El presente informe tiene como objetivo analizar los aspectos jurídicamente relevantes de
la Resolución N°. 1121-2020/SPC-INDECOPI; en la cual la Sala Especializada en
Protección al Consumidor del Instituto Nacional de Defensa de la Competencia y de...
The aim of this report is to go over the legally relevant aspects of Resolution N°. 1121- 2020/SPC-INDECOPI; in which the Specialized Chamber for Consumer Protection of the National Institute for the Defense of Free Competition and Protection of Intellectual Property (Indecopi) addresses the issue of discrimination in consumption based on sex, specifically, in the case of a man who was denied the use of the preferential treatment row for not having the status of a woman, despite the fact that he was carrying his child in his arms. In that regard, this report will examine the arguments presented by Indecopi and by the parties to resolve the controversy. Accordingly, the figure of discrimination in consumption will be reviewed in the doctrine and in the resolutions of Indecopi and the Constitutional Court. Furthermore, a subject to be analyzed is whether the accused party could have also incurred in an alleged violation of preferential treatment. It will also be examined whether the evidence presented by the complaining party was sufficient to prove the offending conduct....
The aim of this report is to go over the legally relevant aspects of Resolution N°. 1121- 2020/SPC-INDECOPI; in which the Specialized Chamber for Consumer Protection of the National Institute for the Defense of Free Competition and Protection of Intellectual Property (Indecopi) addresses the issue of discrimination in consumption based on sex, specifically, in the case of a man who was denied the use of the preferential treatment row for not having the status of a woman, despite the fact that he was carrying his child in his arms. In that regard, this report will examine the arguments presented by Indecopi and by the parties to resolve the controversy. Accordingly, the figure of discrimination in consumption will be reviewed in the doctrine and in the resolutions of Indecopi and the Constitutional Court. Furthermore, a subject to be analyzed is whether the accused party could have also incurred in an alleged violation of preferential treatment. It will also be examined whether the evidence presented by the complaining party was sufficient to prove the offending conduct....
Procedimientos administrativos de protección al consumidor de oficio en materia de servicios financieros en el Perú: Análisis del criterio establecido por el INDECOPI sobre su competencia en la materia mediante Resolución N° 3011-207/SPC-INDECOPI
(Pontificia Universidad Católica del Perú, 2021-05-10)
Mediante Resolución N° 3011-2017/SPC-INDECOPI, el INDECOPI estableció como
precedente de observancia obligatoria, respecto a la competencia del mismo en los casos de
procedimientos administrativos de oficio en protección al consumidor en materia de...
El álbum del Mundial y el uso ilícito de la imagen de los futbolistas: Informe Jurídico respecto de la Resolución 0086-2019/SDC-INDECOPI
(Pontificia Universidad Católica del Perú, 2023-08-01)
El presente informe versa sobre la Resolución 086 – 2019/SDC – INDECOPI, la
cual resolvió la denuncia por competencia desleal interpuesta contra Capri
Internacional S.A. por la elaboración y distribución del álbum alternativo del
Mundial Rusia 2018...
This report is about Resolution 086 - 2019/SDC - INDECOPI, which resolved the denounce of unfair competition filed against Capri Internacional S.A. for the production and distribution of the “alternative” album of the World Cup Russia 2018, “3 Reyes”. Thus, the interference of the right to the image of the players in the case has been explored, since to use the image of the players in the production and commercialization of the album and its respective sticker, the license of use must be provided by the holder of this one. In consequence, some questions were made, like the possibility of a conflict of jurisdiction between Indecopi and the Civil Court for the violation of the right to the image made by Capri for producing and distributing an album without having the respective license of use; and if it had been correct to charge it for violation of rules and not for a general clause as Indecopi did. Having arisen these questions and seeking to answer them, different articles of academic journals and books were used to develop the necessary doctrinal base, also, the review of various jurisprudence mainly generated by the Unfair Competition Chamber of the Tribunal of Indecopi was used as the analysis of relevant legislation with emphasis on the Law of Suppression of Unfair Competition. Thus, it was concluded that there would be no conflict of jurisdiction between Indecopi and the Civil Court; at the same time, a charge for violation of rules would be incorrect....
This report is about Resolution 086 - 2019/SDC - INDECOPI, which resolved the denounce of unfair competition filed against Capri Internacional S.A. for the production and distribution of the “alternative” album of the World Cup Russia 2018, “3 Reyes”. Thus, the interference of the right to the image of the players in the case has been explored, since to use the image of the players in the production and commercialization of the album and its respective sticker, the license of use must be provided by the holder of this one. In consequence, some questions were made, like the possibility of a conflict of jurisdiction between Indecopi and the Civil Court for the violation of the right to the image made by Capri for producing and distributing an album without having the respective license of use; and if it had been correct to charge it for violation of rules and not for a general clause as Indecopi did. Having arisen these questions and seeking to answer them, different articles of academic journals and books were used to develop the necessary doctrinal base, also, the review of various jurisprudence mainly generated by the Unfair Competition Chamber of the Tribunal of Indecopi was used as the analysis of relevant legislation with emphasis on the Law of Suppression of Unfair Competition. Thus, it was concluded that there would be no conflict of jurisdiction between Indecopi and the Civil Court; at the same time, a charge for violation of rules would be incorrect....
Informe jurídico sobre la Resolución 1121-2020/SPC-INDECOPI
(Pontificia Universidad Católica del Perú, 2023-08-01)
El presente informe jurídico contiene el análisis de los hechos y problemas
jurídicos que se presentan en la Resolución 1121-2020/SPC-INDECOPI de
fecha 22 de julio de 2020. La referida resolución versa sobre el procedimiento
administrativo...
This legal report contains the analysis of the most relevant facts and legal questions that were introduced in Decision 1121-2020/SPC-INDECOPI. The aforementioned decision consists of an administrative sanctioning proceeding initiated against the company Crediscotia Financiera S.A. for having committed a discriminatory act against Mr. Rafael Delgado Carranza. The conduct that was analyzed in the decision consists on the refusal to provide preferential attention to Mr. Delgado for his male gender, who went to the premises of the defendant in company of his two-year-old son. Decision 1121-2020/SPC-INDECOPI represents a relevant case on gender discrimination in consumer protection law, and an example of the use of consumer protection law as one of the instruments that the State institution can employ to fight against discrimination that the citizens may face as consumers. In this report we will analyse the reasoning of Indecopi's decision bodies regarding discrimination cases, the evidence used in this case and the use of trainings as a corrective measure...
This legal report contains the analysis of the most relevant facts and legal questions that were introduced in Decision 1121-2020/SPC-INDECOPI. The aforementioned decision consists of an administrative sanctioning proceeding initiated against the company Crediscotia Financiera S.A. for having committed a discriminatory act against Mr. Rafael Delgado Carranza. The conduct that was analyzed in the decision consists on the refusal to provide preferential attention to Mr. Delgado for his male gender, who went to the premises of the defendant in company of his two-year-old son. Decision 1121-2020/SPC-INDECOPI represents a relevant case on gender discrimination in consumer protection law, and an example of the use of consumer protection law as one of the instruments that the State institution can employ to fight against discrimination that the citizens may face as consumers. In this report we will analyse the reasoning of Indecopi's decision bodies regarding discrimination cases, the evidence used in this case and the use of trainings as a corrective measure...
El nuevo criterio adoptado por el Indecopi respecto del despliegue de todas las medidas de seguridad contenidas en la norma sectorial y la vulneración a la figura de improcedencia por subsanación previa en la aplicación de este criterio, a la luz de la Resolución N° 2616-2022/SPC-INDECOPI
(Pontificia Universidad Católica del Perú, 2024-04-01)
El presente trabajo de investigación dará a conocer el nuevo criterio adoptado por el
Indecopi, respecto al despliegue de todas las medidas de seguridad contenidas en la
Resolución Nº 6523-2013. Sin embargo, actualmente el Indecopi viene utilizando...
This research work will reveal the new criteria adopted by Indecopi, regarding the deployment of all the security measures contained in Resolution No. 6523-2013. However, currently Indecopi is using this new one, intending to nullify the application of the inadmissibility of the accusations in cases of voluntary correction of the infraction prior to the imputation of charge (Legislative Decree No. 1308º that modifies the Code of Consumer Protection and Defense). In this regard, it is necessary to take into consideration that the aforementioned regulatory body limits the sanctioning power of Indecopi, as a state entity in charge of safeguarding and ensuring the protection of consumers, in cases in which the inadmissibility of the complaint is evident. , understood as the absence of legal justification to issue substantive pronouncements on the controversial matter. In this sense, as will be developed in this work, it will be evident that the Commission is not following a clear line in the analysis of the duty of monitoring when financial consumers report alleged unrecognized operations, violating the purpose of the inadmissibility contemplated in the Legislative Decree No. 1308, which modifies the Consumer Protection and Defense Code, being used in cases in which, due to partial inadmissibility, the administrative power of Indecopi to rule on the merits of the controversial matter is prevented and/or extinguished....
This research work will reveal the new criteria adopted by Indecopi, regarding the deployment of all the security measures contained in Resolution No. 6523-2013. However, currently Indecopi is using this new one, intending to nullify the application of the inadmissibility of the accusations in cases of voluntary correction of the infraction prior to the imputation of charge (Legislative Decree No. 1308º that modifies the Code of Consumer Protection and Defense). In this regard, it is necessary to take into consideration that the aforementioned regulatory body limits the sanctioning power of Indecopi, as a state entity in charge of safeguarding and ensuring the protection of consumers, in cases in which the inadmissibility of the complaint is evident. , understood as the absence of legal justification to issue substantive pronouncements on the controversial matter. In this sense, as will be developed in this work, it will be evident that the Commission is not following a clear line in the analysis of the duty of monitoring when financial consumers report alleged unrecognized operations, violating the purpose of the inadmissibility contemplated in the Legislative Decree No. 1308, which modifies the Consumer Protection and Defense Code, being used in cases in which, due to partial inadmissibility, the administrative power of Indecopi to rule on the merits of the controversial matter is prevented and/or extinguished....
La efectividad de las medidas correctivas complementarias en los casos por incumplimiento al Deber de Inocuidad
(Pontificia Universidad Católica del Perú, 2022-03-23)
– Indecopi las
competencias de control y vigilancia sanitaria en tema de alimentos y bebidas.
El presente trabajo académico se propone desarrollar, primero, las diferencias entre el Deber
de Idoneidad, Inocuidad y Seguridad; segundo, analizar las competencias...
The Food Safety Law, as well as its Regulations; and the Consumer Protection and Defense Code regulates the sanitary surveillance of food products; For this, the General Directorate of Environmental Health - Digesa and the National Institute for the Defense of Competition and the Protection of Intellectual Property - Indecopi have been appointed the powers of health control and surveillance in the area of food and beverages. This academic work aims to develop, first, the differences between the Duty of Suitability, Innocuousness and Security; second, it analyzes the powers granted to Digesa and Indecopi in matters of food; third, it seeks to reflect on the application of one of the assumptions of the complementary corrective measures. For this purpose, different doctrinal sources, regulatory frameworks, and Resolutions issued by Indecopi have been used since 2017. All this to be able to demonstrate the relevance of the actions of Indecopi and Digesa in matters of health surveillance and control in food and beverages. Likewise, demonstrate whether the objective of the complementary corrective measures is being met; and, finally, show the main role played by Digesa in this type of case....
The Food Safety Law, as well as its Regulations; and the Consumer Protection and Defense Code regulates the sanitary surveillance of food products; For this, the General Directorate of Environmental Health - Digesa and the National Institute for the Defense of Competition and the Protection of Intellectual Property - Indecopi have been appointed the powers of health control and surveillance in the area of food and beverages. This academic work aims to develop, first, the differences between the Duty of Suitability, Innocuousness and Security; second, it analyzes the powers granted to Digesa and Indecopi in matters of food; third, it seeks to reflect on the application of one of the assumptions of the complementary corrective measures. For this purpose, different doctrinal sources, regulatory frameworks, and Resolutions issued by Indecopi have been used since 2017. All this to be able to demonstrate the relevance of the actions of Indecopi and Digesa in matters of health surveillance and control in food and beverages. Likewise, demonstrate whether the objective of the complementary corrective measures is being met; and, finally, show the main role played by Digesa in this type of case....