OFFICIAL REGISTER BODY OF THE GOVERNMENT OF ECUADOR Administration of Dr. Jamil Mahuad Witt
President of the Republic
(English version*)
Ecuador was, is and will be an Amazonian country
CONSTITUTIONAL COURT Year II ‐‐ Quito, Friday December 10, 1999 ‐‐ No. 336
EDMUNDO ARIZALA ANDRADE DIRECTOR‐IN‐CHARGE
Telephone: Management: 282‐564 ‐‐ Annual subscription: 750,000 sucre Distribution (warehouse): 583‐227 ‐‐ Printed at the National Publishers
4,000 copies ‐ 48 pages ‐ price 3,000 sucre
CONTENTS: EXECUTIVE FUNCTION DECREES: Page Page
1558
1560
Congratulating the city of Cuenca and its inhabitants on being declared a World Heritage Site
Transferring, to the Municipality of the Metropolitan District of Quito, the Fire Brigade and the duties that, in this regard and in accordance with the Law on Fire Prevention, have been carried out by the Ministry of Social Welfare
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2
DI‐427‐DCPM Laboratorios Dr A Bjarner C.A.
DI‐428‐DCPM Seres Laboratorios Farmacéuticos Cía. Ltda.
DI‐429‐DCPM Julpharma del Ecuador S.A.
DI‐430‐DCPM LIFE DI‐431‐DCPM Orquifa DI‐432‐DCPM Roche Ecuador S.A. DI‐433‐DCPMMerck Sharp & Dohme
(L.A.) Corp‐Ecuador
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22 24 26 27
1561 Ratifying the Cooperation Agreement between the Government of Ecuador and the Government of the Russian Federation to Combat the Illicit Trafficking and Abuse of Drugs and Psychotropic Substances
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035
RESOLUTIONS: OMBUDSMAN: Issuing the Regulations governing the legal status of the Deputy Ombudsman for Consumers and Users 28
1562 Ratifying the Cooperation for Development Agreement between Ecuador and Belgium 4
ECUADORIAN INSTITUTE OF INTELLECTUAL PROPERTY (IEPI):
AGREEMENTS: MINISTRIES OF TRADE AND TOURISM AND HEALTH: Reviewing, refusing, fixing and/or archiving price changes for the public sale of pharmaceuticals made by the following companies:
CD‐IEPI‐99‐008 fixing and approving the fees that IEPI shall charge for acts and services, in general vital minimum wages (SMVG)
MUNICIPAL ORDINANCES
29
* Courtesy translation provided by WIPO.
DI‐422‐DCPM Interpharm del Ecuador S.A.
DI‐423‐DCPM Pharmacia & Upjohn
DI‐424‐DCPMMerck Ecuador C.A DI‐425‐DCPM Quifatex S.A. DI‐426‐DCPM Boehringer
Ingelheim
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6
8 10
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Lago Agrio Canton: regulating the administration of staff of the Municipality governed by the Law on Civil Service and Administrative Careers Isabela Canton: formalizing the shield, flag and anthem La Maná Canton: for the preservation and control of the environment
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Official Register No. 336 Friday December 10, 1999 page 29
Article 6.‐ The resolutions of the Deputy ll be
rticle 7.‐ In fulfilling his/her duties, the Deputy
rticle 8.‐ The present Resolution, which shall take
ce
Done at Quito, November 25, 1999.
igned: Dr. Milton Alava Ornaza, Ombudsman.
is copy is the same as the original, which is kept
certify.
igned: Lda. Genny Vélez Ponce, National
__________________________________________________________________________
No. CD‐IEPI 99‐008
Ombudsman of Consumers and Users sha subject to appeal before the Ombudsman
A Ombudsman of Consumers and Users shall be administratively, civilly and criminally liable.
A precedence over those that contradict it, shall enter into force from this date, without prejudi to its publication in the Official Register.
S
Th in the archive of the Office of the Ombudsman and which I will submit if necessary.
I
S Administrative Director of the Office of the Ombudsman
BOARD OF DIRECTORS THE ECUADORIANOF INSTITUTE OF INTELLECTUAL PROPERTY (IEPI)
Consi
That Article 346 of the Law on Intellectual
hat Article 352(a) of the Law on Intellectual
That Article 368 of the above‐mentioned legal cts
at Article 369 of the Law on Intellectual
into
hat IEPI requires sufficient financial resources for
sing the authority conferred by Article 352(a) of
Resolves:
Article 1.‐ To fix and a ove, in general vital
dering:
Property created the Ecuadorian Institute of Intellectual Property (IEPI) as a legal entity of public law, with its own assets and administrative, economic, financial and operational autonomy, an administrative agency authorized to promote, develop, provide for, protect and defend on behalf of the State of Ecuador the intellectual property rights recognized in the law of international agreements;
T Property authorizes the Board of Directors of IEPI to fix and approve the fees to be charged by the Institute;
instrument and other provisions establish the a and services for which fees may be charged;
Th Property provides that fees shall be fixed in general vital minimum wages (SMVG), taking account the criteria of proportionality of fees to the cost of the service and its efficiency;
T its functioning; and,
U the Law on Intellectual Property,
ppr minimum wages (SMVG), the following fees that should be charged by IEPI for the acts and services listed below (one SMVG=100,000 sucres; 25,000 sucres = USD 10, as of January 2000):
1. INDUSTRIAL PROPERTY: DISTINCTIVE SIGNS
s graphical
SMVG ORD. Heading Marks Trade Trade Distinctive Geo
names slogans appearance indications 1.1 Filing, applications, 13.5registration,
recording or granting of rights 13.5 13.5 13.5 26
1.2 13.5 13.5 13.5 13.5 26Filing renewal applications 1.3 Filing applications to amend registrations 7 7 7 7 7 1.4 Recording of contracts 7 7 7 7 7 1.5 Certificate of grant or registration of 7 7 7 7 7
rights (issue of titles) 1.6 gistry search 1 1 1 1 1Certificate of official re 1.7 Certificate of official search of pending
applications 1 1 1 1 1
1.8 prior to granting or ‐ ‐ ‐ ‐ ‐Examinations registration
1.9 ications to cancel 20 20 20 20 20Actions/appl registration
1.10 of registrations ‐ ‐ ‐ ‐ ‐Maintenance
Page 3 No. 336 Friday cember 10, 990 Official Register De 19
1. INDUSTRIAL PROPERTY: PATENTS AND OTHERS SMVG ‐ORD. Heading Patents Utility Industrial Layout
models designs designs, circuits
1.1 Filing, applications, registration, recording or 27 27 27 grant of rights
27
1.2 ‐ ‐ ‐ ‐Filing renewal applications
1.3 Filing applications to amend registrations
1.4 Recording of contracts 7 7 7 7
1.5 Certificate of grant or registration of rights (issue .5 .5 .5 .5 of titles)
13 13 13 13
1.6 of official registry search 4 3 3 3Certificate
1.7 Certificate of official search of pending applications
4 3 3 3
1.8 prior to grant or registration 13.5 to 66.5 13.5 to 66.5 ‐ ‐Examinations
1.9 Actions/applications to cancel registrations ‐ ‐ ‐ ‐
1.10 Maintenance of registrations 7 ‐ ‐ ‐
The final value of the fee for examinations prior to granting or registration shall be set by the National
he payment of the registration maintenance fee shall be annual and shall be completed during the first
. NEW VARIETIES OF PLANTS SMVG
RD. Heading Group A:* Group B:**
Director of Industrial property, on a case‐by‐case basis, within the limits permitted.
T three months of each year.
2
O
2.1 Filing, applications, registratio g or grant of rightsn, recordin 27 7
2.2 Filing applications to amend registrations 7 3
2.3 Recording of contracts 7 3
2.4 Certificate of grant or registration of rights (issue of titles) 20 7
2.5 Certificate of official registry search 3 1.5
2.6 Certificate of official search of pending applications 3 1.5
2.7 Examinations prior to grant or registration 13.5 to 66.5 to 66.513.5
2.8 Actions/applications to cancel breeder certificates 20 20
2.9 Maintenance of registrations 7 7
2.10 .5 to 66.5 .5 to 66.5Maintenance of live samples 13 13
* Ornamen duous, grasses, oil palms, maize and s rid
umes, root crops, Andean species and others not considered in Group A.
he payment of fees for the maintenance of registrations and live samples shall be annual and shall be
tals, vegetables, fruits, deci orghum (hyb s), sunflower. ** Grain leg
T completed during the first three months of each year.
The final value of the fee for examinations prior to granting or registration and maintenance of live samples shall be set by the National Director of Industrial Property, on a case‐by‐case basis, within the limits permitted.
3. COPYRIGHT AND RELATED RIGHTS: ORD. Heading SMVG 3.1 Filing, applications, registration, base, data, audiovisual works and computer programs 1.5 3.2 Filing applications: registration of more works protected by Art. 8 of Intellectual Property Law 1 3.3 Filing applications for authorization of the operation of collective management societies 66.5 3.4 Recording of applications for collective management in the National Copyright Registry 13.5 3.5 Filing applications for the reform of statutes of societies for collective management 27
Official Register No. 336 Friday December 10, 1999 Page 31
4. GENERAL: ORD. Heading SMVG
4.1 Awarding certified copies of documents (per sheet) 0.05
4.2 Awarding certified copies of each administrative act 0.5
4.3 Expert reports produced by IEPI 13.5 to 66.5
4.4 Filing of actions for the exercise of administrative supervision 20
4.5 Inspections carried out by IEPI for the exercise of administrative supervision 13.5 to 133
4.6 Filing of oppositions 20
4.7 Original administrative application for restoration 7
4.8 Original administrative application for appeal, review and exceptional review 11
4.9 Deposit of undisclosed information 4
4.10 Filing of applications for protection certificates 13.5
Article 2.‐ The fees shall be collected and administered by IEPI, constitute part of its assets and shall be used for its operation; it shall be expressly forbidden for any authority to divert its funds for other purposes, in accordance with the instructions in Articles 366, 367 and 369 of the Law on Intellectual Property.
Article 3.‐ The fees fixed for the filing of applications for registration, recording or granting of rights shall apply and be charged only in the case of applications filed after this Resolution has entered into force.
The other fees fixed in Article 1 above shall apply and be charged from the entry into force, in accordance with the provisions of Article 4.
Article 4.‐ The fees fixed and approved by this Resolution shall enter into force on the day following its publication in the Official Register.
Article 5.‐ The fees that used to be charged by IEPI for any reason prior to the entry into force of this Resolution shall be invalid.
Article 6.‐ For publication in the Official Register.
Done at Quito, December 2, 1999.
Signed by Nelson Velasco, Chair of the Board of Directors of the Ecuadorian Institute of Intellectual Property (IEPI)
CORRIGENDA
Notification No. 99‐482 P‐IEPI
Quito, December 17, 1999
Mr. Edmundo Arizala Andrade DIRECTOR, OFFICIAL REGISTRY Submits
Resolution CD‐IEPI 99‐008, issued by the IEPI Board of Directors and published in Official Registry No. 336, December 10, 1999, contains the following errors:
1. In Ords. 1.1, referring to “DISTINCTIVE SIGNS” and “PATENTS AND OTHERS”, 2.1 and 3.1, all in Article 1, the punctuation signs (commas) should be deleted;
2. In the last line of number “2. NEW VARIETIES OF PLANTS” “Industrial property” should be replaced by “New Varieties of Plants”;
2. In Ord. 3.4 of the same Article 1, “applications” should be replaced by “companies”.
Taking into account the above, I request publication in the Official Registry of the aforementioned corrections, as “Corrigenda”
Sincerely,
Signed Nelson Velasco, President