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Newsletters and Bulletins / March 1999 / Ecuador |
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Ecuador - New Intellectual Property Law Ecuador has enacted a new intellectual property law to implement
the provisions of Andean Pact legislation such as Decision 344
of the Cartagena Agreement reported in our Information Letter
N.S. 181. Since Andean Pact legislation has direct effect in Ecuador,
we will only comment on the new law where it expands upon the
basic Andean Pact provisions or where no Andean Pact provisions
have been noted previously. The following are some of the more
interesting provisions. Patents Like the European Patent Convention, the Andean Pact legislation
contains a prohibition on the grant of patents for inventions
whose exploitation would be contrary to morality. The new law
in Ecuador sets out certain types of inventions that are to fall
within this prohibition. They include inventions that could cause
damage to the environment or ecosystem, cloning of human beings
or parts, use of human embryos for industrial or commercial purposes
and processes that change the genetic identity of animals if this
causes pain and does not provide any substantial medical benefit
for human beings or animals. Priority can be claimed from applications filed in other WTO-member countries. Patent rights can not be used to prevent use of a patented invention if the use is limited to private use for a non-commercial purpose or when the use is for non-profit purposes or to prevent importation of a patented product that has been placed on the market anywhere in the world by the patentee or with its consent. The term of a patent is twenty years from its filing date. Inventors who are developing inventions that require public testing can file a caveat that will secure a one-year priority period within which to file a patent application for the invention being tested. Trademarks and Related Rights Although the new law does not introduce any significant changes
with respect to trademark rights, the law governs the registration
of commercial names and geographical indications, and also provides
that trade dress may be protected in the same way as commercial
names and without the necessity of registration. Integrated Circuits Integrated circuits and lay-out designs are to be protected for
ten years from creation without the need for registration. Plant Variety Protection New plant varieties will be protectable on the basis of showing
that the new variety has been deposited with the Plant Variety
Office of a country that is a member of the International Convention
for Protection of New Varieties of Plants. Copyright Protection is to be granted without the need to comply with any
formalities.
Software is to be protected as a literary work. Licenses to use copyrighted works must be in writing for a fixed term, although they may be renewed indefinitely by agreement of the parties. Sale of blank audio or video tape or recording equipment will require collection of a fee to compensate copyright owners for the use likely to be made of such items in copying works that are the subject of copyright protection. |
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© Copyright 1999 Ladas & Parry - Posted 3/28/1999
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