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16 January 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.  

07 October 2019

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.

27 September 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.

20 September 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.

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.

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.

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.

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.

05 April 2004

Free Trade Agreement talks may take longer than expected

The Free Trade Agreement negotiations between Ecuador and the United States look likely to be far more protracted than the United States' recent discussions with Chile and Costa Rica. While it seems that there will be little dispute in relation to trademarks, in other areas, Ecuador and the United States have different perspectives on what IP rights should be protected and who should benefit from that protection.