Industrial Designs Law in Ecuador
Certainly! Here’s an overview of Industrial Designs Law in Ecuador:
Industrial Designs Law in Ecuador
Legal Framework
Industrial designs in Ecuador are regulated by the Organic Law on the Comprehensive Criminal Code and the Andean Community Decision No. 486 (Common Industrial Property Regime), which Ecuador adheres to as a member of the Andean Community.
The Institute of Intellectual Property (Instituto Ecuatoriano de la Propiedad Intelectual - IEPI) is the national authority responsible for registration and enforcement of industrial designs.
Ecuador is a party to the Paris Convention, the TRIPS Agreement, and the Hague Agreement on the international registration of industrial designs.
Key Features
1. What Can Be Protected?
Industrial designs protect the ornamental or aesthetic aspects of a product.
This includes:
Shape
Configuration
Pattern
Color
Both two-dimensional and three-dimensional designs are protectable.
2. Requirements for Protection
The design must be new and have individual character.
It must not be dictated solely by technical function.
Designs contrary to public order or morality are excluded.
3. Registration Process
Applications are submitted to the IEPI.
The application should include:
Representations of the design (drawings, photos).
Description of the design.
IEPI conducts a formal examination and a substantive examination to verify novelty and originality.
Upon approval, the design is published for opposition.
4. Duration and Renewal
Protection is granted for 10 years from the filing date.
It is non-renewable after the initial term.
The term may differ if international treaties or amendments occur.
5. Rights Conferred
Exclusive rights to use, manufacture, sell, or import products bearing the protected design.
The right to prevent unauthorized third parties from exploiting the design.
Rights are transferable and licensable.
6. Infringement and Enforcement
Infringement actions are brought before Ecuadorian courts.
Remedies include injunctions, damages, and seizure of infringing goods.
Criminal penalties may apply for counterfeiting.
7. International Treaties
Ecuador is a member of:
Paris Convention
TRIPS Agreement
Hague Agreement (allows international design registration designating Ecuador)
Andean Community Decision No. 486 (common IP regime)
Protection can be sought through direct national filings or via the Hague System.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Andean Community Decision No. 486 & national IP laws |
| Registration Authority | Institute of Intellectual Property (IEPI) |
| Protection Duration | 10 years, non-renewable |
| International Systems | Paris Convention, Hague Agreement, TRIPS |
| Enforcement | Civil and criminal remedies via courts |
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