We are thrilled to share that Lawyer Monthly recently conducted an exclusive interview with our esteemed lawyers, José and Sebastián Meythaler, shedding light on Ecuador's intellectual property scene.
Here's a glimpse into their valuable perspectives:
Key Legislation: Ecuador's intellectual property landscape is shaped by crucial laws and statutes such as the Organic Code of the Social Economy of Knowledge and Innovation (Código Ingenios), the Regulation of Knowledge Management, and international conventions like the Berne Convention and the WIPO Copyright Treaty.
Copyright Claim Process: José and Sebastián expertly explained the process involved in making a copyright claim in Ecuador. They highlighted the two main avenues available: filing an application for administrative tutelage action before the IP Office (SENADI) or seeking judicial precautionary measures under the General Code of Procedures. Ecuadorian law allows authors to resort to both judicial and administrative remedies for copyright protection.
Emerging Trends: José and Sebastián shared insightful observations regarding the trends in Ecuador's IP law sphere. They highlighted an increase in trademark and copyright protection over the past decade. Moreover, they emphasized the IP Office's application of prejudicial interpretations issued by the Court of Justice of the Andean Community, enhancing legal certainty.
Key Developments: José and Sebastián discussed notable developments in Ecuador's intellectual property landscape. They touched upon the well-developed criteria for compulsory licensing of patents and the recent change in the authority responsible for border measures, with the National Customs Service now handling requests. These advancements have facilitated a more efficient and collaborative approach.
Future Outlook: Looking ahead, the lawyers provided insights into the anticipated developments in Ecuador's intellectual property arena. While new regulations are unlikely in 2023, the IP Office is expected to refine its operational procedures. There may also be a possibility of implementing specific legislation related to intellectual property rights derived from medical devices.
José Meythaler Baquero, President, and Sebastián Meythaler Galarza, Head of IP, are highly experienced IP lawyers at Meythaler & Zambrano Abogados, a prestigious boutique law firm in Ecuador. They offer expert counsel in various areas, including intellectual property, corporate law, competition law, and more.
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📞 Contact Information:
José Meythaler Baquero
Sebastián Meythaler Galarza, Head of IP Meythaler & Zambrano Abogados