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Ecuador

Law on Intellectual Property

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Ecuador

Year of current version:1998
Date of entry into force of original text:May 19, 1998
Date of Text (Enacted):April 22, 1998
Type of Text:Main IP Laws: enacted by the Legislature
Subject Matter:Alternative Dispute Resolution (ADR), Competition, Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, Genetic Resources, Geographical Indications, Industrial Designs, Industrial Property, IP Regulatory Body, Layout Designs of Integrated Circuits, Patents (Inventions), Plant Variety Protection, Trade Names, Trademarks, Traditional Cultural Expressions, Traditional Knowledge (TK), Transfer of Technology, Undisclosed Information (Trade Secrets), Utility Models
Notes:
The notification by Ecuador to the WTO under article 63.2 of TRIPS states:
'In the 'Final Provisions' of the Act, it is stated that: 'the present Act, because of its special character, takes precedence over any other with which it may conflict.

Under Article 378 of the above mentioned Act, all laws and regulations which conflict with it are revoked and, in particular, the following legislation which was subsequently notified to the Council for TRIPS by Note 4-7-16-98 of April 1, 1998, Annex 1:
(1) Copyright Act, published in Official Journal No. 149 of August 14, 1976 ; Supreme Decree No. 2821 (on phonogram producers) published in Official Journal No. 735 of December 20, 1978 ; together with the amendment contained in Law No. 161 (Musical Piracy Act) published in Official Journal No. 984 of July 22, 1992; and Regulations of the Copyright Act published in Official Journal No. 495 of December 30, 1977 ; and all other relevant Executive Decrees or Ministerial Decisions which in any way conflict or are incompatible with the provisions of the new Act.
(2) Trademarks Act published in Official Journal No. 194 of October 18, 1976;
(3) Exclusive Exploitation Patent Act published in Official Journal No. 195 of October 19, 1976; and
(4) '...Likewise, the First Transitional Provision of the new Act states that 'Until the corresponding regulations are issued, the regulations or decisions of the Commission of the Andean Community shall continue to apply, insofar as they are not incompatible with the provisions of this Act. »

For provisions concerning Traditional Knowledge, see Art. 377.
Available Texts: 
English

Law on Intellectual Property Law on Intellectual Property, Complete document (pdf) [497 KB]

French

Loi relative à la propriété intellectuelle Loi relative à la propriété intellectuelle, Complete document (pdf) [529 KB]

Spanish

Ley de Propiedad Intelectual Ley de Propiedad Intelectual, Complete document (pdf) [531 KB]

Related Legislation:
Related Treaties:
WIPO Lex No.:EC001

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