Fishery is sanctioned for false advertisement

By Francisco Espinosa Reboa, Francisco Espinosa Bellido

Pesquera Hayduk S.A., a Peruvian fishery, was sanctioned by The National Institute of Defense of Competition and Protection of Intellectual Property (Indecopi) with a fine close to US$ 43,000 for an advertisement of its product “Perfecta Anchovetas”.

According to the Unfair Competition Commission of Indecopi, the fishery included the seal of quality “Made in Peru” in the label of its product without having the respective authorization from the Ministry of Production, inducing consumers to error regarding the characteristics of the products.

Therefore, Indecopi imposed a fine and prohibited Pesquera Hayduk S.A. to use such seal of quality in its advertisement until they have acquired the corresponding authorization, and such sanctions were confirmed on appeal.

Although not a certification trademark or a collective trademark, the seal of quality “Made in Peru” has a specific regulation and its goal is to promote the sales of goods manufactured in Peru, with specific emphasis on the quality of such goods, certifying the specific quality standards required by the governmental program that regulates such seal shield without authorization.