Peru Strenghtens Influencer Advertising Guide

By Espinosa Bellido Abogados

The National Institute for the Defence of Competition and the Protection of Intellectual Property (Indecopi) of Peru gathered various national content creators, YouTubers, vloggers, and TikTokers to present a new edition of its Influencer Advertising Guide, an informative and educational document aimed at promoting responsible advertising by influencers on digital platforms, especially on social media.

This digital guide, developed by Indecopi's Commission for the Oversight of Unfair Competition (CCD), provides guidance to influencers on how to transparently disclose information about products or services shared with their followers that could be considered advertising, thus avoiding potential violations.

The document covers basic definitions and concepts of advertising, as well as the importance of respecting fair competition in the digital environment, current legislation, sanctions, recommendations, and other aspects that will facilitate influencer transparency when promoting sponsored content.

Key recommendations include:

-Clearly indicate advertising: Use terms like "advertisement" or "sponsored" with tags or hashtags when aplicable;

-Avoid ambiguity: Refrain from using vague expressions like "Thanks to Company X!" or abbreviations like "#Ad" or "#Publi";

-Comply with advertising warnings: Include required advertising warnings for specific product or service types (e.g., alcoholic beverages, gambling).

-Authentic testimonials: Base testimonials on genuine and recent experiences;

-Respect intellectual property: Create original content and avoid infringing on copyrights and brands through logos, names, songs, images and videos.

Espinosa Bellido Abogados

The Industrial Property work of Estudio Francisco Espinosa Bellido Abogados started in 1941 with Dr. Francisco Espinosa Sánchez, father of current senior partner Dr. Francisco Espinosa Bellido and grandfather of current partner Dr. Francisco Espinosa Reboa.

In its 69 years of outstanding legal work the firm has represented the interests of several national and international clients, companies and foreign correspondents obtaining and defending their industrial property rights in Peru, while also displaying an active and remarkable participation in the direction of professional associations in our speciality.

We specialize in counselling, prosecution and litigation in trademarks, patents, trade names, slogans, industrial designs, copyright, domain names, enforcement of those rights as well as unfair competition.

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