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Intellectual Property Law, Ecuador
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Superseded Text
Year of Version
1998
Dates
Entry into force:
May 19, 1998
Adopted:
May 8, 1998
Type of Text
Main IP Laws
Subject Matter
Patents (Inventions),
Utility Models,
Industrial Designs,
Trademarks,
Geographical Indications,
Trade Names,
Layout Designs of Integrated Circuits,
Competition,
Undisclosed Information (Trade Secrets),
Plant Variety Protection,
Copyright and Related Rights (Neighboring Rights),
Enforcement of IP and Related Laws,
Alternative Dispute Resolution (ADR),
Genetic Resources,
Traditional Cultural Expressions,
IP Regulatory Body,
Industrial Property
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 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.»
Available Texts
Main text(s)
Main text(s)
French
Loi sur la propriété intellectuelle
PDF
HTML
Spanish
Ley de Propiedad Intelectual
PDF
HTML
English
Intellectual Property Law
PDF
HTML
Related Legislation
Is superseded by (3 text(s))
Is superseded by (3 text(s))
Related Treaties
- Paris Convention(March 20, 1883)
- Berne Convention(September 9, 1886)
- Universal Copyright Convention 1952(September 6, 1952)
- Nice Agreement(June 15, 1957)
- Rome Convention(October 26, 1961)
- UPOV Convention(December 2, 1961)
- Locarno Agreement(October 8, 1968)
- Strasbourg Agreement(March 24, 1971)
- Agreement Establishing the World Trade Organization (WTO)(April 15, 1994)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)(April 15, 1994)
WTO Document Reference
IP/N/ECU/I/1
IP/N/ECU/C/1
WIPO Lex No.
EC103