EL SALVADOR Law and Practice Contributed by: Marcela Mancia, IDEAS IP
4.2 Competitor Copyrights and Trade Marks The Advertising Self-Regulation Code does not permit the use of a competitor’s name in advertising, because this can be considered an infringement of the com - petitor’s intellectual property rights (ie, unauthorised use of a trade mark). 4.3 Challenging Comparative Claims Made by Competitors Advertisement claims can be challenged before the Commission of the Self-Regulation of Advertisements, as established by the Advertising Self-Regulation Code. Claims must be made in writing and filed along with complete information on the campaign in ques - tion, including the advertising media and alleged viola - tions with supportive evidence. The concerned parties must appear at the hearing, and the Commission must carry out the necessary procedures and investigations. All rulings must be made in writing based on the rules of the Advertis - ing Self-Regulation Code. Possible sanctions include immediate suspension of the advert and public or private reprimands for the sanctioned entity. Once the ruling has been issued, no additional appeal is possible. The Advertising Self-Regulation Code also regulates unfair competition, stating that advertisements: • must not denigrate or distort the product or trade mark of another company; • must not contain statements or insinuations that violate the good name of third parties; and • in general, must respect the principles fair and honest competition. Advertisements must not make any reference to another company or product that could cause the public to reject them or make them look ridiculous, and they must not take advantage of the prestige of another company’s trade name and/or logo. 4.4 Ambush Marketing In El Salvador, there is no specific regulation that deals with ambush marketing; however, there are regulations that may be applied to infringers under the Trademarks and Other Distinctive Signs Act, The
Intellectual Property Law, the Commercial Code, the Consumer Protection Act and the Advertising Self- Regulation Code. 5. Social/Digital Media 5.1 Special Rules Applicable to Social Media The Special Law Against Computer Crime and Relat - ed Crime and the Advertising Self-Regulation Code apply to advertising in online or social media. 5.2 Liability for Third-Party Content Where the advertiser owns a site or social media chan - nel, they are liable for content posted on – or provided through – the site/channel, regardless of whether such content was posted directly by the advertiser, their employees, marketing personnel or any other parties with access. 5.3 Disclosure Requirements The Trademark and Other Distinctive Signs Act, the Intellectual Property Law (passed in February 2025), the Consumer Protection Law, the Special Law Against Computer Crime and Related Crime and the Constitution apply to online disclosures and disclo - sures in social media. However, it is relatively difficult to prove bad faith and the responsible party in relation to this type of advertising. 5.4 Requirements for Use of Social Media Platforms There are no unique rules that apply to online disclo - sures and disclosures in social media in El Salvador; instead, the general rules for social media platforms apply, and platforms are allowed to delete an account if they consider it to be infringing the rights of third parties, using unauthorised content or promoting por - nography or criminal activity. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns The regulations that apply to the use of influencer campaigns include the Advertisement Self-Regulation Code, the Consumer Protection Law and the Intel - lectual Property Law.
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