Ecuador has become an increasingly attractive destination for foreign investors seeking opportunities in Latin America, and understanding the country’s corporate legal structures is essential for success. Companies can be established by Ecuadorian nationals and/or with foreign capital, but specific legal frameworks and restrictions apply, particularly for those aiming to contract with the Ecuadorian government. A...
All agricultural products that are marketed in Ecuador must be registered with the Agency for Regulation and Control of Phytosanitary and Zoosanitary Products of Ecuador – AGROCALIDAD, except for raw materials used for the production of finished agricultural products, agricultural imported for personal use, or those manufactured in the national territory for personal use, as...
The regulation of industrial property and the proprietary data generated in the pharmaceutical and agrochemical sectors are crucial issues in the current context, especially within Decision 486 of the Cartagena Agreement and Ecuadorian regulations. In this regard, the current legal framework seeks to balance the interests of innovation and fair competition while ensuring the protection...
The process of registering chemical pesticides in Ecuador, whether internationally or domestically manufactured, is regulated by Decision 804 of the Andean Community of Nations and Resolution 2075, the Andean Technical Manual for the Registration and Control of Chemical Pesticides for Agricultural Use. Domestically, Resolution 0020, known as the Complementary Technical Manual, further facilitates the implementation...
We provide a summary and update of the main corporate obligations that mercantile companies must fulfill during the first quarter of 2025 in Ecuador: 1. Women in the Composition of the Board of Directors of Companies Until December 31, 2024, and following the rules of the Organic Law to Promote the Violet Economy (Law 9289-2023),...
Trademark owners face significant challenges in demonstrating the notoriety of their brands before intellectual property authorities. The following issues summarize the most recurring difficulties in daily practice and how they can play a crucial role in protecting a well-known trademark´s reputation and market position. Here are some of the main concerns to address in the...
In Ecuador, the rights over a trademark are acquired exclusively through registration with the Trademark Office (SENADI), not by prior use. This means that unless a formal declaration of notoriety is obtained, evidence of a trademark’s use or recognition, in the opposition process, serves only as supplementary elements, not as conclusive rights. This distinction emphasizes...
Our law firm noted to the authorities of Ecuador that there was an inconsistency between the Patent Department and the Collegiate Body of Intellectual Rights when calculating the effective date of the patents that were filed through the Patent Cooperation Treaty (PCT). The Collegiate Body of SENADI, the highest administrative instance of the IP Office...
A number of trademark applicants are gearing up to capitalize on the coronavirus epidemic. In Latin America we have been able to find out applications in Mexico for trademark “CORONAVIRUS” nº 2341574 for class 42 and in Argentina under nº 3884178; In Chile, there is an application nº 1352097 for trademark “COVID-19” to identify products in class 3 and 25 and...
1.- The Ecuadorian Government has declared a 21 days lock-down as part of its efforts to contain spread of the COVID 19 virus and the Ecuadorean Intellectual Property Office (IP Office) has suspended deadlines during this period. However, the Ecuadorian IP Office remains open for filing documents and new applications online. 2.- Medtronic shares its...
