Advertising is a crucial topic for businesses, especially for those seeking to protect creative expressions and campaign ideas, ensuring that creativity is rewarded, recognized, and exclusive. Advertising is the primary or sole source of income for many companies, particularly those that operate exclusively online. An advertisement aims to attract the attention of potential customers, who must remember it long enough for the product or service features to remain prominent, ultimately leading them to make a purchase.

IP Rights

In the world of intellectual property and specifically in the advertising sector, there are protective measures to ensure that creativity is safeguarded. The following are the protective mechanisms used in protection strategies:

• Copyrights
• Trademarks
• Industrial Designs
• Patents

Misleading and Comparative Advertising

Just as there are protective mechanisms, there are also limits to advertising, which ensure that creativity does not cross the line of legality by addressing misleading advertising and comparative advertising.

Misleading and unfair advertising is understood as the dissemination of false, inaccurate, and confusing information with the intention of inducing consumers to make decisions based on erroneous premises. This includes exaggerated claims, omissions of important facts, and/or false testimonials. Additionally, unfair commercial practices that harm the reputation and integrity of competitors are also included.

Such advertising is linked to unfair competition, which, according to Article 10 bis of the Paris Convention for The Protection of Industrial Property, is defined as "Any act of competition contrary to honest practices in industrial or commercial matters."

Unfair advertising methods particularly include false advertising claims, incorrect mentions, dishonest promotions or contests, and are prohibited by legislation on unfair competition.

Comparative advertising, on the other hand, compares products and services that meet the same needs or serve the same purpose without being misleading. The comparison must be objective and focus on verifiable, representative, and essential characteristics.

According to the Criteria for Attention and Evaluation of Comparative Advertising Matters by the Federal Agency of Consumer Affairs, comparative advertising is beneficial and favorable to consumer interests, as honest comparisons provide valid information and promote competitiveness.

Regulation of Advertising

In Mexico, there are authorities responsible for monitoring and analyzing the advertising information of product and service providers: the Federal Agency of Consumer Affairs (PROFECO) and the Federal Committee for Protection from Sanitary Risks (COFEPRIS).

PROFECO's main function is to promote and protect the rights and interests of consumers.

COFEPRIS issues guidelines that support advertising ethics to prevent fraud against the public and to mitigate health risks from exposure to messages that promote potentially harmful products.

Additionally, advertising self-regulation is an industry-created mechanism independent of authorities, with its own decision-making autonomy It primarily aims to strengthen commercial free speech and responsibly inform consumers.

The Self-regulation and Advertising Ethics Council (CONAR) oversees advertising self-regulation by implementing the legal framework to promote fair competition and protect consumer rights.

Organizing a successful advertising campaign primarily depends on creativity and innovative ideas. Advertising is a powerful medium that facilitates marketing techniques.

Intellectual Property is a key tool for protecting and promoting original creations, and adhering to legal boundaries for its proper use is undoubtedly essential for effective advertising. It fosters the creation of truthful, honest, and legal content for the benefit of consumers.

Promoting ethical and responsible advertising involves defining legal parameters and issuing timely and effective guidelines that protect the right to information and commercial free speech within a framework of fair competition.