ECUADOR Law and Practice Contributed by: Arianna Zurita Farías, Annabel Muñoz, Javier Estupiñán and Juan José Flores Rabascall, VIVANCO & VIVANCO
3. Copyright 3.1 Legal Framework and Copyrightable Works In Ecuador, copyright protection is fundamentally enshrined in the Constitution of the Republic, and domestically, the primary legislation is COESCCI. At the international level, the country is a signatory to key treaties, including the Berne Convention and agreements administered by the World Intellectual Property Organization (WIPO). Ecuadorian law protects all original intellectual crea- tions of a literary or artistic nature. This protection spans a broad spectrum of works, regardless of their genre, merit or purpose. The main categories include: • literary works, articles, novels and short stories; • software, computer programmes and databases; • cinematographic, audiovisual, photographic and dramatic works; • architectural projects, blueprints and engineering designs; and • derivative works, adaptations and remixes, pro- vided they meet the originality threshold. Ecuadorian IP law maintains a clear distinction between industrial property and copyright. Indus- trial designs fall strictly under the industrial property regime and require formal registration to be protect- ed. However, works of applied art can benefit from copyright protection, provided that their artistic value can be conceptually separated from the functional or industrial nature of the object to which they are incor- porated. 3.2 Requirements for Copyright Protection For a work to be protected in Ecuador, the essen- tial requirement is originality. The work must be the result of the creator’s independent intellectual effort, reflecting their personal touch. Furthermore, the work must be expressed or fixed in any medium or format, whether tangible or intangible, analogue or digital. Mere ideas, procedures or mathematical concepts are excluded from protection.
its distinctiveness (dilution), particularly in the case of well-known marks. Although Ecuador does not formally recognise “pass- ing off” as a separate legal doctrine, similar situations may be addressed through trade mark infringement rules or unfair competition principles, especially where there is a likelihood of confusion or misleading con- duct in the marketplace. Trade mark disputes may be handled through both administrative and judicial routes. Administrative actions, such as oppositions, cancellations or infringe- ment claims, are filed before SENADI. Judicial actions, including appeals and civil enforcement, are heard by specialised administrative courts. In addition, crimi- nal courts may hear cases involving counterfeiting or intentional infringement. A range of civil and administrative remedies is avail- able. These include injunctions to stop the infringing activity, removal of infringing signs from the market, seizure or destruction of infringing goods, and com- pensation for damages. Administrative authorities may also impose fines. Ecuador also provides border enforcement mecha- nisms. Customs authorities may detain or suspend the release of goods suspected of infringing trade mark rights, either upon request of the rights-holder or ex officio in certain cases. These measures are com- monly used in anti-counterfeiting efforts. In more serious cases, criminal sanctions may apply, particularly in cases involving counterfeiting or wilful infringement. These may include fines and, in certain circumstances, imprisonment. In summary, Ecuador offers a comprehensive enforce- ment framework combining administrative, civil and criminal mechanisms, with additional support from customs authorities to combat counterfeiting and protect trade mark rights.
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