ECUADOR Law and Practice Contributed by: Sebastian Corral Guevara, Miguel Pizarro Páez, María Fernanda Mencías Pérez, José Cisneros Pazmiño, Roque Bustamante Espinosa and Jorge Pizarro Páez, Flor Bustamante Pizarro & Hurtado
The LORCPM also regulates situations of economic dependence. The abusive exploitation by an under - taking of another undertaking that is economically dependent upon it may constitute an infringement where the statutory requirements established in the LORCPM are met. The LORCPM applies irrespective of whether the conduct originates within or outside Ecuador, provided that it produces actual or potential effects in the Ecuadorian market, in accordance with the effects doctrine. Where an infringement is established, the SEC may impose administrative fines and behavioural or struc - tural remedies. Its decisions may be challenged through the administrative remedies provided under the LORCPM and, subsequently, before the Ecuado - rian administrative courts. Patent protection in Ecuador is primarily governed by the Organic Code of the Social Economy of Knowl - edge, Creativity and Innovation ( Código Orgánico de la Economía Social de los Conocimientos , Creatividad e Innovación – COESCCI) and Andean Community Decision No 486, which applies directly in Ecuador. Patents may be granted for inventions relating to prod - ucts or processes in any field of technology, provided that they are novel, involve an inventive step and are capable of industrial application. Discoveries; scien - tific theories; mathematical methods; computer pro - grams as such; diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and plants and animals (other than non-naturally occurring microorganisms) are generally excluded from patent protection. Patent rights arise upon registration and remain in force for 20 years from the filing date of the patent application, provided that the corresponding mainte - nance fees are duly paid. 7. Intellectual Property 7.1 Patents Patent applications are examined by the National Intellectual Rights Service ( Servicio Nacional de Dere- chos Intelectuales – SENADI). The registration proce -
dure includes a formal examination, publication of the application for third-party opposition and a substan - tive examination of patentability before the patent is granted. Patent owners may enforce their rights through administrative proceedings before SENADI and judi - cial proceedings before the competent courts. Avail - able remedies include: • preliminary and precautionary measures; • cease-and-desist orders; • the seizure or removal of infringing goods from the market; • compensation for damages; and • other remedies provided by the applicable intellec - tual property legislation. Criminal remedies may also be available in the cases expressly provided by Ecuadorian law. 7.2 Trade Marks Trade marks in Ecuador are primarily governed by COESCCI and Andean Community Decision No 486, which applies directly in Ecuador. A trade mark is any sign capable of distinguish - ing goods or services in the marketplace, including words, names, letters, numbers, devices, colours, three-dimensional shapes, sounds, combinations of signs and any other sign capable of graphical or other appropriate representation. Ecuador applies the Nice Classification for the classification of goods and ser - vices. Exclusive rights over a trade mark generally arise upon registration before SENADI. Registered trade marks are protected for ten years from the date of registra - tion and may be renewed indefinitely for successive ten-year periods. The registration procedure includes the filing of the application, a formal examination, publication for third-party opposition (generally within a 30-business- day opposition period) and a substantive examination of registrability before the mark is granted.
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