Ecuador

Five counterfeit hotspots in Ecuador that you should be aware of

In a continuation of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Ecuador.

Five counterfeit hotspots in Ecuador that you should be aware of
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2 Nov 2018

Azerbaijan pledges IP reforms, plain packaging in Singapore, and Ecuador plans mediation center: news round-up

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25 Sep 2018

USPTO director talks trademark clutter, Uber declares itself a verb, and beware sketchy Chinese licences: news round-up

In our latest round-up, we look at Ecuador joining TMClass, ICANN postponing its data privacy webinar, IP Australia undergoing a “technology upgrade”, and much more.

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30 Sep 2020

The fact that two marks cover different classes is not a determining criterion when examining the risk of confusion

This case, which saw Discovery Communications LLC prevail on appeal, confirms that the fact that two marks fall within different classes does not necessarily imply an absence of confusion or association among consumers. Read more

8 Jul 2020

Defending against bad-faith applications in the Andean region

Protecting brands against parasitic trademarks can raise numerous challenges in Bolivia, Colombia, Ecuador and Peru – but there are ways to overcome them. Read more

28 Apr 2020

Custodial sentences handed down for the distribution of counterfeit pharmaceuticals

Six persons involved in the counterfeiting of pharmaceuticals have been handed prison sentences in Ecuador. Multinational pharmaceutical corporation Pfizer intervened in this case. Read more

16 Jan 2020

IP Office overturns problematic lower-instance decision on recognition of English-language terms

In a victory for US media company Discovery Communications LLC, the Ecuadorian IP Office has overturned its prior finding that the English terms ‘animal’ and ‘planet’ would not be easily understood by the general Ecuadorian public. Read more

Anti-Counterfeiting

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27 Apr 2018

Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

Following a significant operation carried out at Ecuador’s largest informal market, the owners of three stores in which counterfeit goods were seized were arrested and given prison sentences.

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19 Mar 2018

Crocs Inc successfully enforces 3D marks in biggest-ever anti-counterfeiting operation

Following a request for an injunction by Crocs Inc, the Ecuadorian IP Office has seized more than 37,000 items during operations carried out simultaneously in three different cities. Read more

15 Sep 2016

Ecuador issues regulation to control counterfeit, adulterated and altered products

In Ecuador, the National Agency for Health Inspection, Regulation and Monitoring has recently issued a regulation relating to the control of counterfeit, adulterated and altered products.

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7 Sep 2016

Landmark criminal action initiated against counterfeiters

Following an anonymous complaint to the district attorney's office in Quito alerting them to the sale of counterfeit pharmaceutical products, the National Police of Ecuador conducted several raids on various locations resulting in a number of arrests being made.

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Brand management

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8 Jun 2015

New rules alter use of trademarks on patented medicines upon patent expiry

Presidential Decree No 522 has amended the Regulations for the Application of the Law on the Import, Commercialisation and Sale of Generic Medicines for Human Use. The new rules alter the use of trademarks in relation to patented medicines upon expiry of the patent. It is understood that, although the medicines may bear a trademark, under the new rules the labelling must primarily feature the ICD and the designation ‘<I>Medicamento Genérico</I>’.

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Enforcement and Litigation

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27 Sep 2019

Intellectual Property Office confirms distinctiveness of Crocs Inc's 3D mark

The Ecuadorian Intellectual Property Office has confirmed that Crocs Inc’s 3D mark for the shape of its famous footwear allows consumers to differentiate Crocs products from those of its competitors. Read more

20 Sep 2019

PREZOIL case: the scope of protection of a mark versus the discretion of the Intellectual Property Office

In a controversial decision, the Ecuadorian Intellectual Property Office has rejected an opposition based on information found on the opponent’s website, instead of relying on the trademark registration certificate issued by the office itself. Read more

11 Feb 2019

Victory for Crocs Inc: biggest fine in history imposed after largest-ever seizure of counterfeit goods

A fine of $95,625 - the highest ever in a trademark infringement case - has been imposed in Ecuador following the largest-ever seizure of counterfeit goods. Read more

21 Jun 2016

New rules for trademarks on patented medicines on patent expiry

A presidential decree has amended the Regulations for the Application of the Law on Import, Commercialisation and Sale of Generic Medicines for Human Use. The changes alter the practice regarding the branding and trademarking of patented medicines after expiration of the patent.

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Portfolio Management

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18 Sep 2015

Plain packaging: impending hardship for brand owners?

Several Latin American countries have proposed the introduction of plain packaging for products such as cigarettes, replacing packaging bearing the trade dress that differentiates such products. However, strict regulations limiting the use of trade dress by rights holders already apply to such products and the proposals go beyond these regulations.

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4 Apr 2007

Hats off to Montecristi as it becomes first denomination of origin

The name Montecristi, which refers to an area of Ecuador synonymous
with the production of high-quality, hand-woven Panama hats, has become the
first Ecuadorian denomination of origin to be recognized and protected by the
Ecuadorian Institute of Intellectual Property. It is hoped that protection as
a denomination of origin will help to deter foreign competitors from using the
name Montecristi on lower-quality hats.

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5 May 2006

Conference to review definition of 'legitimate interest'

The Ecuadorian IP community has called for a conference to review the
definition of 'legitimate interest' used by the Ecuadorian Trademark Office
in the context of opposition proceedings. For about a year now, the office has
severely limited the scope of what constitutes legitimate interest in oppositions,
rejecting any opposition based on grounds other than confusion, association
or dilution.

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13 Dec 2005

No award for GRAMMY owner against GRAMMYA mark

The Ecuadorian Intellectual Property Institute has confirmed the registration
of the mark GRAMMYA (and logo) following an opposition action filed by the owner
of the famous GRAMMY mark. It seems from this decision that even a famous fantasy
word mark such as GRAMMY cannot stop the registration and use of a similar word
mark mixed with a logo, if the latter mark protects completely different types
of services or products.

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Trademark law

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9 Jul 2015

New proposals on border measures cause concern

While the current system for dealing with counterfeits is, by and large, very effective, new proposals relating to border measures have been cause for concern. Among other things, Articles 534 to 537 of the <I>Código del Conocimiento</I> apply only to the “counterfeiting of trademarks”, which would exclude all other rights and, importantly, imitations. Moreover, there is no reference to mechanisms for notifying brand owners that a suspected shipment has been detected.

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15 Nov 2006

Packaging trade dress protectable under unfair competition law

The Ecuadorian Intellectual Property Office has for the first time
granted protection to unregistered product packaging trade dress against confusingly
similar packaging for the same type of product. However, it has emerged recently
that an appeal decision in the case may not come out for several years.

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6 Oct 2005

Beer bottle mark registration knocked back

The Ecuadorian Institute of Intellectual Property has refused to register
the shape of a century-old beer bottle as a trademark. The ruling suggests that
due to a lack of "distinctive capacity" the usual form of a container
may not be registered, even when it has acquired distinctive or secondary meaning.
The decision appears to contrast with a recent ruling by the Peruvian Trademark
Office allowing registration of a bottle shape.

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6 Jul 2005

Hierarchy of Andean Community rights explained

The Trademark Office has issued a ruling clarifying that the owner
of a mark registered in one Andean Community country and then later registered
in a second community country will have exclusive rights against the use of
an identical unregistered <i>trade name</i> in the second country, even where the protected
first use of the trade name was made before the registration of the trademark
in the second country.

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