UNFAIR COMPETITION
AND ADVERTISING LAW

The market must be competitive. However, competition must be fair and correct. In Spain, Law 3/1991, on Unfair Competition, is in force, providing list of conducts that are considered illicit because they are unfair.

 

Vega & Moreno is proud to be one of the few law firms that are aware of the regulations of free competition and unfair competition in Malaga. This is a very specific and especially complex branch of law, which normally requires a detailed analysis of the case law in each of the unfair competition cases that arise.

 

Thus, companies in the market, throughout their life in the trade, may require an unfair competition lawyer in Malaga when they suffer some of the illegal acts referred to in the Unfair Competition Act, or when a competitor requires or sues them because they consider they have committed an unfair act.

A law firm specializing in unfair competition law in Malaga must know the dynamics of the Unfair Competition Act and identify which offences are or are not applicable to the specific case. Among others, the regulations contemplate: acts of deception, confusion, comparison, denigration, acts of imitation, taking unfair advantage of another’s reputation or efforts, etc.

 

Special mention should be made of the protection of trade secrets. Although it was traditionally included in the Unfair Competition Act, in Spain the Business Secrets Act 1/2019 is in force, which regulates the issue in a broader way, detailing which acts are considered to infringe the trade secret, regulating contracts for assignment or license of business secrets, and including important measures to protect the confidentiality of the secret in the scenario of legal proceedings.

Vega & Moreno is also an advertising law firm. An advertising campaign usually requires a significant investment, and it is advisable to consult a lawyer specialized in advertising to verify that your campaign will not be withdrawn for not respecting the General Law of Advertising 34/1988, or any other sectorial regulations governing advertising: advertising of alcoholic beverages, tobacco, gambling, health products, cosmetic products, etc.

 

The Malaga market has proved to be powerful and very promising. In this sense, we understand that an advertising law firm in Malaga will bring value to the market by protecting the interest and investment of economic operators in the city. The firm’s services are not limited to out-of-court advice, but also to representation in court or before any administrative authority.

 

The firm also works on so-called advertising contracts. In the General Law of Advertising, the following are contemplated: the advertising contract, the advertising diffusion contract, the advertising creation contract and the sponsorship contract.

SERVICES

Trade secrets protection.

Negotiation and drafting of trade secrets license or assignment agreements.

Negotiation and drafting of advertising contracts.

Legal review of advertising campaigns.

Defence before the judges and courts of the whole national territory.