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30 August 2019

Ecuadorian IP Office deals blow to parasitic trademark applications

Huda Beauty’s opposition to a bad-faith trademark application – and the proactive way in which this was handled by the Ecuadorian IP Office – suggests that the tide may be turning in favour of holders of famous marks and big brands generally.

11 February 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.

11 December 2018

Ecuador IP Office accepts notarial verification of webpage as valid evidence in Andean opposition

For the first time, the Ecuador IP Office has accepted the notarial verification of a webpage as valid evidence in an Andean opposition. Registration of AQUAVI was denied in Ecuador as the Colombian Trademark Office website showed that the opponent owned the Colombian mark AQUAVIT.

02 November 2018

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

In our latest round-up, we look at the JPO offering a souvenir certificate for long-time rights holders, fashion brands stepping up their tech game, a new director at the Tunisian IP Office, and much more.

25 September 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.

27 April 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.

19 March 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.

15 September 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.

07 September 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.

21 June 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.

18 September 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.

09 July 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 Código del Conocimiento 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.

08 June 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 ‘Medicamento Genérico’.

04 April 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.

15 November 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.