Act of confusion generating Unfair Competition. Analysis from substantial law

Abstract

This document integrates an analysis of the act of confusion that generates unfair competition, establishing its notion, elements, contents and difference with the act of imitation, with which there have been some conflicts of interpretation and that have been defined in the courts.

The act of confusion that arises in the market affects free and fair competition, which mainly affects the institute of free competition, against consumers and merchants, within a market context.

Therefore, the law of unfair competition seeks to repel and punish these acts, seeking a balance within the market, free competition and that is framed in the principles of ethics and good commercial faith.

Based on the national normative, supranational and doctrine review, the project referred to the “Hermeneutics of the confusion act generating unfair competition in Colombia: a study from substantial and procedural law”, was carried out within “Hermeneútica Jurídica” a research group of the “Universidad Autónoma de Bucaramanga”, deepening the essential points for its correct interpretation. Therefore, the obvious lack of knowledge in the area resulted in the generation of this writing, which is specified in providing specialized information on the subject, for a general public, consisting of law students, lawyers, businessmen and any another interested, that have direct or indirect participation in the market, with a view to clarity, publicity and support their decisions.