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 owner of a registered trade mark has the exclu - sive right to prevent third parties from using identical or confusingly similar signs in relation to identical or related goods or services where such use is likely to create confusion or a likelihood of association. Well- known trade marks also enjoy the special protection afforded by Andean Community Decision No 486, even in certain circumstances where they have not been registered in Ecuador. Trade mark rights may be enforced through admin - istrative proceedings before SENADI and judicial proceedings before the competent courts. Available remedies include: • preliminary and precautionary measures; • cease-and-desist orders; • the seizure, removal or destruction of infringing goods; • border measures; • compensation for damages; and • where applicable, criminal remedies under Ecuado - rian law. 7.3 Industrial Designs Industrial designs in Ecuador are primarily governed by COESCCI and Andean Community Decision No 486, which applies directly in Ecuador. An industrial design is defined as the particular appearance of a product resulting from any combination of lines, col - ours, shapes, textures or materials, or from its two- or three-dimensional form, provided that such appear - ance does not alter the product’s technical function or intended purpose. Exclusive rights over an industrial design arise upon registration before SENADI. Protection is granted for a period of ten years from the filing date of the appli - cation and is not renewable. The registration proce - dure includes the filing of the application, a formal examination, publication for third-party opposition and a substantive examination to verify compliance with the applicable legal requirements, particularly the requirement of novelty, before registration is granted. The owner of a registered industrial design has the exclusive right to prevent third parties, without author - isation, from manufacturing, offering for sale, market -
ing, importing or otherwise commercially exploiting products incorporating or reproducing the protected design. Industrial design rights may be enforced 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; • removal or destruction of infringing goods; • compensation for damages; and • where applicable, criminal remedies under Ecuado - rian law. 7.4 Copyright Copyright in Ecuador is primarily governed by COESCCI. Copyright protection extends to all original literary, artistic and scientific works, regardless of the form of expression, including literary works, musical works, audiovisual productions, photographs, artistic works, architectural works, computer programs and databases that, by reason of the selection or arrange - ment of their contents, constitute original intellectual creations. Copyright protection arises automatically upon the creation of the work and does not depend on reg - istration. Although registration before SENADI is not constitutive of rights, it is commonly used as prima facie evidence of ownership and the date of creation in the event of a dispute. As a general rule, copyright protection subsists for the life of the author plus 70 years following the author’s death, after which the work enters the public domain. Ecuadorian law distinguishes between moral rights and economic (patrimonial) rights. Moral rights, including the rights of authorship, integrity and dis - closure, are perpetual, inalienable, unwaivable and imprescriptible. Economic rights, including the rights of reproduction, distribution, public communication, making available and transformation, may be assigned or licensed in accordance with the law.
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