Legislative Implementation of Flexibilities - Ecuador
| Title: | Articles 319 (a) and (b), 327, 328 and 329 of the Intellectual Property Law (Consolidation No. 2006-13) |
| Field of IP: | Patents |
| Type of flexibility: | Criminal sanctions for patent infringement |
| Summary table: |  |
Provisions of Law
Art. 319. A prison term of three months to three years and a fine of one thousand three hundred and fourteen United States dollars and 45/100 (1,314.45) to thirteen thousand one hundred and forty four United States dollars and 50/100 (13,144.50), taking into consideration the degree of financial injury caused, shall be incurred by anyone who stores, manufactures, uses for commercial purposes, offers for sale, sells, imports or exports any of the following in violation of intellectual property rights:
(a) a product covered by an invention patent or utility model obtained in Ecuador;
(b) a product manufactured using a process covered by an invention patent obtained in Ecuador;
Art. 327. – The following shall be aggravating circumstances, in addition to those set out in the Penal Code:
(a) where the infringer has received a warning regarding the infringement of a right;
(b) where the infringing goods are a potential health hazard; and
(c) where the infringements are committed in respect of unpublished works.
Art. 328. – The infringements set out in this Chapter shall be prosecutable publicly and by the State.
Art. 329. – Civil and criminal proceedings shall be subject to the statute of limitations, in accordance with the Civil Code and the Penal Code respectively, except for proceedings for infringement of moral rights, to which the statute of limitations shall not apply.
In the absence of proof to the contrary and for the purposes of the statute of limitations on proceedings, the date on which an infringement was committed shall be the first day of the year following the latest edition, reissue, reproduction, communication or other use of a work, performance, production or broadcast.