"Year of the

NATIONAL UNIVERSITY
DANIEL ALCIDES CARRION
LAW SCHOOL
"Analysis of Resolution No.
0072-2020 / CEB-
INDECOPI"
Course:
Consumer Law
Professor:
ORMACHEA CABREJO,
Napoleon
Student:
CORDOVA HINOSTROZA,
Esthefani Nikhol
Semester:
XI
 FACULTY OF LAW AND POLITICAL SCIENCES

TASK SHEET N ° 1

SURNAMES AND NAMES FACULTY / SCHOOL SUBJECT

CORDOVA HNOSTROZA, Esthefani Nikhol Straight Consumer Law

CLASS SESSION NUMBER

CLASS SESSION THEME

No. 02

Exercise:
Analysis of the resolution of the Indecopi Commission for the Elimination of Bureaucratic
Barriers

Instructions:
1. Download the document from Task Sheet 1
2. Analyze the resolution of the Indecopi Commission for the Elimination of Bureaucratic
Barriers regulated the advertising of food warnings (octagons), such as illegal and
bureaucratic.
3. Complete what is requested in items I, II, III, IV, V, VI, VII and VIII.
4. Use Arial letter 12, 1.5 of space.
5. Place the link of the recorded video in Meet.
6. Concluded the above, save the document exporting to pdf with the same name, adding
in parentheses your names and surnames
7. Finally, upload and send the document studied to the Consumer Law class in Unit I -
Session 2 of Task 1.
 ITEM I: GENERAL DATA OF THE CASE

RESOLUTION NUMBER. -

N ° 0072-2020 / CEB-INDECOPI

DATE OF RESOLUTION. -

FEBRUARY 25, 2020

TYPE OF RESOURCE. -

COMPLAINT THROUGH THE COMMISSION FOR THE

ELIMINATION OF BUREAUCRACTIC BARRIERS (INDECOPI) -
ADMINISTRATIVE PROCEDURE

NAME OF THE BODY THAT ISSUED THE RESOLUTION. -

INDECOPI (NATIONAL INSTITUTE FOR THE DEFENSE OF

COMPETITION AND PROTECTION OF INTELLECTUAL PROPERTY), THROUGH
THE COMMISSION TO ELIMINATE BUREAUTIC BARRIERS

NAMES and SURNAMES OF THE MEMBERS OF THE COMMISSION. -

GONZALO ALONSO ZEGARRA MULANOVICH

CARLOS ENRIQUE MENDOZA GUTIÉRREZ

LUIS RICARDO QUESADA ORÉ.

DENOUNCED

MINISTRY OF HEALTH

INDECOPI (THIRD PARTY MANAGED)

COMPLAINANT

ESTEBAN ALFREDO PÉREZ SEÑOR

KEYWORDS

BARRIER, BUREAUTICAL, ILLEGAL, COMPETITION, OCTOGON,

FOOD SAFETY, TECHNICAL PARAMETERS.
 ITEM II: SUMMARY OF THE CASE RAISED (20 LINES)

By letters dated September 13, 23 and October 7; Esteban Alfredo Pérez Señor
files the complaint against the Ministry of Health; before the Commission for the
Elimination of Bureaucratic Barriers of INDECOPI; for coercing compliance with a
series of presumably illegal and / or unreasonable bureaucratic barriers, it should be
noted that the complaint is also directed against INDECOPI (as it is the competent
body and third party administered). Accepted the complaint on December 17, 2019;
a period of 5 working days is granted for the accused to issue their releases. The
complainant for his part: claims to be a natural person who is dedicated to the
production of sausages and sausage, whose business is carried out under the
name of the "Delicatessen in Lima" (subject to the scope of Law No. 30021, Healthy
Food Law, its Regulations, approved by Supreme Decree No. 017-2017-SA and the
Manual, approved by Supreme Decree No. 012-2018-SA). Whose main foundations
are based on the extra cost that said requirements impose, regarding the packaging
and advertisements of their products, the lack of competition on the part of the
Ministry of Health; since from its point of view this body should not regulate issues
that exceed the limit of its competence within food safety, whose function (in this
case regarding advertising and labeling parameters) in our country is derived from
INDECOPI, discrimination is also mentioned since products within the range of
alcoholic beverages and tobacco are not subject to the same rigor. Within its
evidentiary means, it delivers Legal Report No. 30-2016-JUS / DGDOJ, of February
25, 2016, prepared by the General Directorate of Development and Legal Order of
the Ministry of Justice, where it is pointed out that the incorporation of specific and
detailed size, color, iconography, and other similar aspects of the advertising
warnings exceeds the mandate of the Law, since article 10 of Law No. 30021 does
not empower the Ministry of Health in this regard. For its part INDECOPI; presents
its discharges taking into account that: it is competent to regulate, norms, and
supervise the norms contained in Law No. 30021, regulations, and manual; through
the Commission for the Control of Unfair Competition; highlighting that the demands
that are made are intended to establish clear and objective rules that allow the
authorities responsible for their application to determine objectively when these
obligations are fulfilled. Finally, the Ministry of Health requests that the complaint
presented be declared inadmissible, since said body has express powers and
competences for the regulation of technical parameters; This under the First
Transitional Complementary Provision of Law No. 30021.

ITEM III: ABSTRACT OF SUMMARY

ITEM IV. LEGAL PROBLEM (15 LINES)

ITEM V: INDICATE THE MAIN ARGUMENT OF THE REQUEST (20 LINES)

ITEM VI: IDENTIFY THE MAIN ARGUMENT OF THE DECISION BY EACH

MEMBER MEMBER OF THE COMMISSION (EACH ARGUMENT IN 10 LINES)

ITEM VII: CRITICAL ASSESSMENT OF THE LEGAL ANALYSIS CARRIED OUT

BY THE COMMISSION FOR THE ELIMINATION OF BUREAUCRACTIC
BARRIERS

(10 LINES FOR EACH MEMBER OF THE COMMISSION)

ITEM VIII: PERSONAL OPINION (20 LINES)

I agree with what the members indicated:

LINK OF THE VIDEO GENERATED ON MEET: