One of the most sensitive debates in contemporary trademark law is whether a well-known or reputed trademark may be cancelled for lack of use. The answer is not uniform and reveals two distinct legal philosophies: that of the Andean Community and that of the European Union. The Andean approach: notoriety as a limit to cancellation...
A competitive market not only requires clear rules, but also effective mechanisms to enforce them. Since August 2025, Ecuador has had an Organic Law on the Regulation of Unfair Competition, which marks a turning point in the way competition in the market is protected. Beyond redefining what constitutes unfair practices, the law introduces a key...
One of the most common questions we receive from companies launching new products is: Will selling a product cause an industrial design to lose its novelty? In Ecuador, the answer is generally yes, but there are important and often overlooked exceptions that can make the difference between losing protection and securing exclusive rights. This article...
With the entry into force of the Organic Law on Personal Data Protection (LOPDP), all companies and organizations that handle personal information from clients, employees, or suppliers are required to implement a Comprehensive Personal Data Protection System (SPDP) by December 31, 2025. This regulatory framework introduces clear responsibilities and obliges entities to adopt technical, administrative,...
The Phytosanitary and Zoosanitary Regulation and Control Agency (AGROCALIDAD), in order to promptly address users’ requests regarding the technical evaluations of the agricultural services it provides, has enacted Resolution No. 197, dated 16 September 2024, whereby the procedure is approved for the registration and/or authorization of natural or legal persons, public or private, as agricultural...
The Constitutional Court of Ecuador, through Judgment No. 51-25-IN/25, declared the unconstitutionality of the Organic Law of National Solidarity (published in June 2025). Among the annulled provisions was the amendment to the Companies Law, which prohibited Simplified Joint Stock Companies (S.A.S.) from being incorporated or operating in strategic sectors and in mining. With this ruling,...
The Superintendence of Companies, Securities and Insurance of Ecuador (SCVS) issued Resolution No. SCVS-INC-DNCDN-2025-0005, published on September 5th , 2025. Through this resolution, the thresholds of total assets that require companies to engage external auditors for their annual financial statements have been updated. The SCVS replaced the previously established thresholds in U.S. dollars with the...
On August 29, 2025, the National Assembly approved the Organic Law on Regulation Against Unfair Competition, establishing a specialized legal framework to protect markets, economic operators, and consumers from unfair practices. This law partially repeals the Organic Law on Regulation and Control of Market Power (LORCPM) regarding unfair competition and classifies abuse of economic dependence...
The Ecuadorian Internal Revenue Service (SRI) has issued resolutions (NAC-DGERCGC21-00000029 and NAC-DGERCGC21-00000011) to integrate tax control with the supervision of anti-money laundering actions, through direct collaboration with the Financial and Economic Analysis Unit (UAFE). Key aspects of the reform: UAFE Identification in the RUC: The RUC certificate now includes a field indicating whether the taxpayer...
On August 15, 2025, the Internal Revenue Service of Ecuador (SRI) issued a Resolution to amend the 2015 regulation and to exclude Panama from the list of tax havens/ fiscal paradise. With this decision, Ecuador acknowledges Panama’s regulatory progress and international cooperation efforts in tax matters and the prevention of financial crimes. In recent years,...
