/ Alessandri hosted an INTA roundtable about advertising restrictions of foods

Whith the participation of Professor Rodrigo Alvarez, President of AB –Food & Beverages Manufacturers Association-, former Member of Parliament, former Minister of Energy, and Professor of Commercial Law, and attorneys from different INTA member law firms, took place an INTA roundtable in Santiago, last November, the 9th. They discussed about the impact on trademark rights of the Chilean health regulations that restrict the packaging and advertising of foods.

The moderator was Alessandri’s partner Mrs. Loreto Bresky, member of the Board of the Chilean Association of Intellectual Property (ACHIPI). The chairperson of the event was Mr. Rodrigo Velasco S. Director and Partner of Alessandri Attorneys t Law, and Member of the Latin America Roundtable Project Team of INTA.

The discussion was focused on the new health regulations that include advertising restrictions which refer to foods showing high levels of calories, fats, sugars, salt and other components. Further, said new regulations prohibit advertising of products “high in” certain nutrients aimed at children under 14 years old, and forbid marketing promotions of any kind geared toward children, including toys, cartoons and the like. The application of the new regulations has generated a high level of uncertainty; trademark rights of many companies are being seriously affected by these new rules. Therefore, several cases in the Chilean market, affecting food products bearing famous trademarks (of well known International Corporations) were studied during the roundtable. The conclusion was that probably in the near future the High Courts will have the last words on this conflicting matter.