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Draft regulations of intellectual property established in the Ecuadorian Intellectual Property Law

The Ecuadorian Service of Intellectual Property, called citizens from July 25th to September 3rd 2018, to contribute criteria regarding the draft regulations which implement the Ecuadorian Intellectual Property Law. Afterwards working sessions will take place to discuss the proposals received.

The draft regulations to be discussed are the following:

1. General regulation of knowledge management
2. Regulation of copyrights and related rights
3. Regulation of collective management societies
4. Regulation of patents, utility models and industrial designs
5. Regulation of distinctive signs
6. Regulation of plant varieties
7. Regulation of traditional knowledge
8. Regulation on procedures for the enforcement of intellectual property rights

In our opinion, Ecuadorian IP Law does not ensure an effective protection of intellectual property rights, causing harm to their holders and creators. Our National IP Law also includes standards, which are against the Constitution. On the one hand, this law declares intellectual property as one of public domain exceptions, although it is against “rights of freedom” and even though, the Constitution protects “all forms of property”, that also includes intellectual property. On the other hand, the IP Law wrongly considers intellectual property rights such as a second-category of rights, since they are subordinated to others. These and other issues are contrary to the concept of intellectual property, as well as, the holders and creators’ interests.

Due to the above, to reform the IP Law is urgently needed. In any case, we hope that the issuance of such regulations, enables the competent authority to clarify relevant topics that affect intellectual property rights and improving their protection.

Our Law Firm has contributed with criteria both substantive and procedural, relating the aforementioned draft regulations.