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Maria Del Rosario Zuñiga

Associate
Lawyer

Contact
T +51 1 513 9430
CMS Grau
Av. Santa María 110
Miraflores, L18
Lima
Peru
Languages Spanish, English, French

María del Rosario specializes on Intellectual Property, Consumer Protection and Unfair Competition. She advises on registration, renewals and modifying acts related to distinctive signs. She also represents clients in the formulation and defense of oppositions, cancellations, nullities and infringement actions before the competent regulatory authorities. She also elaborates user license agreements, transference and coexistence of distinctive signs.

In addition, she provides assistance related to consumers' complaints, as well as in the elaboration of the legal strategy of defense against complaints or initiated procedures that are processed before the competent entities. She also provides preventive advice, analyzing the advertising campaigns that customers want to lounge in the market. Additionally, María has provided important advice to companies in various sectors such as hypermarkets, food stores, alcoholic beverage manufacturers, financial companies, food marketing companies, personal care products, medical devices, savings cooperatives, technology equipment companies, among others.

María del Rosario Zúñiga joined CMS Grau in 2010 and has been an associate since 2013. She has been a member of the Board of Directors and Director of the Institutional Image Commission of the Civil Association IUS ET VERITAS of the Law Faculty of the Pontificia Universidad Católica del Perú.

Her advice is aimed at companies in constant contact with consumers, financial companies, manufacturers and marketers of mass consumer products, miscellaneous products, airlines, automotive companies, hotels and entertainment, among others; as well as companies with a wide portfolio of brands at a regional and global level, such as manufacturers of various products of the food sector, personal care, pharmaceutical, technological, etc.

She stands out for offering practical solutions to constant challenges in matters related to consumer protection and unfair competition, and in matters of intellectual property, through the precise exposure of timely, preventive and corrective actions before the various changes in the criteria of the competent entities. 

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Relevant experience

  • Saga Falabella S.A., advice in the accusation for alleged acts of unfair competition in the modality of deception and violation of the principle of legality by the advertising of the "Everyone wants a Tablet" promotion.
  • Hipermercados Tottus S.A., reduced a consumer demand from S /. 30,000.00 Soles to S /. 3,500.00.
  • Queirolo de Barbieri S.A.C., a opposition was declared founded against the application for registration of the mixed brand El Bolivarcito by virtue of the exclusivity rights over the denomination El Bolivariano of class 43.
  • Sodimac Perú S.A., participation in trademark aspect of Due Dilligence for the purchase of Maestro Perú S.A.
  • Hipermercados Tottus S.A., complaint declared unfounded for alleged improper intervention to consumer, revoking a fine of 25 UIT (tax unit).
  • Santiago Queirolo S.A.C., allegations for acts of unfair competition and breach of the principle of legality in the advertising of alcoholic beverages were unfounded.
  • Antigua Taberna Queirolo S.A.C., an action for infringement of the use of the name "Franco Queirolo Resto Bar" was declared founded to distinguish services of class 43, imposing a penalty of 2 UIT on the offender.
  • KLM Royal Netherlands Aviation Company, consumer complaint that questioned the application of the terms and conditions of the Flying Blue Program was declared unfounded.
  • Kraft Foods Global Brands LLC, allegations against OREO cookie´s design registration in Class 30 were declared unfounded. 
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Education

  • 2016 – Consumer Protection Specialization of the Center for Executive Education, Universidad del Pacífico Postgraduate School.
  • 2013 – Law degree, Pontificia Universidad Católica del Perú.
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Memberships

  • Lima Bar Association (CAL)
  • Civil association IUS ET VERITAS
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Publications

  • “La interpretación prejudicial aplicable a la cancelación parcial de un registro y los precedentes de observancia obligatoria del INDECOPI”(“The preliminary interpretation applicable to the partial cancellation of a registration and the mandatory compliance precedents of INDECOPI”). María Delia Oxley Paz and María del Rosario Zúñiga Parodi. Advocatus Magazine of the Universidad de Lima Law Faculty. 2017
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