World Intellectual Property Organization

Ecuador

Organic Law for Regulation and Control of Market Power (Antitrust Law)

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Ecuador

Year of current version:2011
Date of entry into force of original text:October 13, 2011
Date of Text (Enacted):September 29, 2011
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, Industrial Property, IP Regulatory Body, Patents (Inventions), Trade Names, Trademarks, Transfer of Technology, Undisclosed Information (Trade Secrets)
Notes:
In accordance with Article 1, this law aims to promote competition and fair trade to ensure social welfare and to protect rights of consumers through the regulation and control of concentration of undertakings, preventing and imposing sanctions to the abuse of market power, agreements affecting competition and practices by dominant undertakings that could cause unlawful restraints of competition.

Article 9(17) stipulates that abuse of intellectual property rights recognized by international instruments ratified by Ecuador and protected by the Law on Intellectual Property will be considered as 'Abuse of Market Power', therefore it implies violation to the Organic Law for Regulation and Control of Market Power.
Article 26 states that intellectual property issues which do not constitute unlawful restrains of competition will be under the exclusive jurisdiction of the national authority of intellectual property.
Article 27(3) provides that acts of imitation which infringe intellectual property rights are considered as unlawful restrains fo competition, therefore they are prohibited and sanctioned in accordance to the Law for Regulation and Control of Market Power.
Article 27(7) defines business secrets as undisclosed information that may be used in any commercial, productive or industrial activity.

This Law introduces the following 'Reforms and Repeals Provisions' to the Intellectual Property Law of December 28, 2006: The provision 'Fourth' introduces the competence of National Intellectual Property Office to grant compulsory license in cases of conducts which have been declared as unlawful restrain of competition or as market power abuse; the provision 'Twelfth' repeals articles 183 to 193 and 284 to 287; the provision 'Thirteenth' reforms Articles 280 and 339; and the provision 'Fourteenth' reforms Article 346.
Available Texts: 
Spanish

Ley Orgánica de Regulación y Control del Poder de Mercado (Ley de Competencia) Ley Orgánica de Regulación y Control del Poder de Mercado (Ley de Competencia), Complete document (pdf) [3001 KB]

Related Legislation:
WIPO Lex No.:EC048

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