INTELLECTUAL PROPERTY RIGHTS IN ECUADOR
First Renewal Term
Subsequent Renewal Term
The primary laws governing trademark registration in Ecuador include the Social Economy of Knowledge, Creativity, and Innovation Organic Code, enacted in December 2016 ('Ecuadorian IP Law'), and the Andean Community Decision no. 486 concerning intellectual property ('Decision 486').
Ecuador is a member of the Andean Community. Andean Community Decision no. 486 contains common rules on the trademark law in all the member states (Bolivia, Colombia, Ecuador, and Peru).
Ecuador is a member of the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Ecuador is a 'first-to-file country,' which implies that a trademark owner must file a trademark application to obtain protection.
For getting a trademark registered in Ecuador, an application has to be filed with the Servicio Nacional de Derechos Intelectuales ('SENADI' - The Ecuadorian Intellectual Property Office).
Ecuador follows the 11th edition of the Nice Classification. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within thirty (30) working days following its publication date in the official gazette.
In Ecuador, registered trademarks have a validity of ten (10) years from the date of registration, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.
Ecuador is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).
The Andean Decision 486/2000 and the Ecuadorian Intellectual Property Law - deal with the mechanism of patent protection in Ecuador.
For seeking patent protection in Ecuador, an application has to be filed with the Servicio Nacional de Derechos Intelectuales ('SENADI' - The Ecuadorian Intellectual Property Office), which administers the entire process of patent grant.
In Ecuador, inventions applying for a patent are required to comply with the patentability criteria of novelty, inventive step, and industrial applicability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application, Convention Application, PCT National Phase Application, and Divisional Application.
The time-frame for PCT national phase filing is thirty-one (31) months.
In Ecuador, an opposition against a patent application can be raised at the pre-grant stage within sixty (60) days of its publication. The opposition deadline may be extended upon submission of a written request. When the notice of opposition is served, the Patent Office gives the applicant sixty (60) working days (extendable once) for submitting arguments/documents or rewriting the claims or description of the invention.
The patent of invention lasts for twenty (20) years in Ecuador. The first annuity will be due in the 1st year and the last annuity will be due in the 20th year. The payment of annuities must be made within three (03) months before the due date. There is a grace period of six (06) months for the payment of annuities.
Ecuador is part of the Andean Community, which also has Bolivia, Colombia, and Peru as its other members. The Andean Community has a common Intellectual Property Regime known as DECISION – 486, applicable to all the 04 member-states, to which they all have to adhere.
For getting an industrial design registered in Ecuador, an application has to be filed with the Servicio Nacional de Derechos Intelectuales ('SENADI' - The Ecuadorian Intellectual Property Office).
The types of industrial design applications that can be filed in Ecuador include the Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can be raised within one (01) month from the date of publication of the industrial design (this period may, however, be extended).
The maximum term of industrial design protection in Ecuador is ten (10) years from the date of application. It is not renewable.
There is no official industrial design grant fee in Ecuador. Also, no maintenance fees are stipulated for the same according to the Ecuadorian legislation.
Ecuador is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention (Geneva), the Universal Copyright Convention (Paris), and the TRIPS Agreement.
Decision 351 of the Andean Community of 25th January 1994 (Decision 351) and the Ecuadorian Intellectual Property Law - deal with copyright protection in Ecuador.
Copyright registration in Ecuador is crucial for a copyright holder to have all the important proof of copyright.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.