ECUADOR Law and Practice Contributed by: Arianna Zurita Farías, Annabel Muñoz, Javier Estupiñán and Juan José Flores Rabascall, VIVANCO & VIVANCO
and non-use protections over technical knowledge or trade secrets, provided they do not conflict with man- datory law or competition rules. 7. Data, AI and Emerging IP Issues 7.1 Data Rights and Database Protection Ecuador does not recognise a sui generis database right. Protection is derived from existing legal regimes. Under COESCCI, copyright protects the original selec- tion, co-ordination or arrangement of data in a data- base, but not the underlying data itself. This under- lying information may, however, be protected under trade secret law, provided it is not generally known, has commercial value due to its secrecy and is subject to reasonable measures to maintain its confidentiality. In practice, protection is often reinforced through con- tractual arrangements, such as confidentiality agree- ments and access restrictions. In addition, where the information includes personal data, its collection and use may be subject to the Organic Law on Personal Data Protection, which imposes specific compliance obligations. Web scraping and data extraction are not specifically regulated as standalone concepts under Ecuadorian law. Their legality depends on the circumstances and may give rise to liability where they involve copyright infringement (eg, copying protected database struc- tures), breach of contractual terms, misappropriation of trade secrets or acts of unfair competition. 7.2 AI-Generated Works and Inventorship/ Authorship When assessing the copyrightability of works gener- ated with artificial intelligence (AI), Ecuadorian law follows the general principles set out in COESCCI. Authorship is reserved to natural persons, meaning that copyright protection is based on human intellec- tual creation. As AI systems do not have legal person- ality, they cannot be considered authors or holders of rights. In practice, the key factor is the extent of human crea- tive contribution. Where AI is used as a tool to assist in the creation process, such as for drafting, editing
or generating ideas, the resulting work may be pro- tected, provided that there is sufficient human input and control over the final output. By contrast, works generated entirely autonomously by AI, without mean- ingful human intervention, are unlikely to qualify for copyright protection. From a practical perspective, companies typically rely on contractual arrangements (eg, work-for-hire, assignment or licensing agreements) to secure owner- ship of economic rights. It is also advisable to main- tain clear internal records of the creative process in order to demonstrate human authorship and original- ity, particularly where AI tools are involved. 7.3 Training Data, Model Development and Infringement Risk In Ecuador, the use of copyrighted works or trade secrets in training datasets may give rise to signifi- cant legal risks if carried out without proper authori- sation. The reproduction or processing of protected works without consent may constitute copyright infringement, particularly where protected elements are used. Likewise, the use of confidential information may amount to trade secret misappropriation where such information is obtained, used, or disclosed in breach of confidentiality obligations. Ecuadorian law does not provide a specific excep- tion tailored to data processing or training activities. As a result, any such use must be assessed under the general framework of copyright limitations and trade secret protection. In practice, lawful use will depend on factors such as the existence of consent, the nature of the use and whether it affects the normal exploitation of the work or the legitimate interests of the right-holder. The enforcement landscape combines administrative and judicial mechanisms. SENADI may order meas- ures such as the cessation of infringing acts, inspec- tions and the seizure or removal of infringing materials. Courts may also grant injunctions and damages, typi- cally calculated based on the right-holder’s losses, the infringer’s gains or a reasonable licence fee. In addition, in cases involving trade secrets, authori- ties may impose confidentiality safeguards during pro-
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