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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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