Ecuador

Please contact our LAM-office for more information about our services in Ecuador:

React Latin America
O´Higgins 2062, 4th Floor
Ciudad Autónoma de Buenos Aires, Argentina
T +5411 4896 2751
Contact: Ms Estela de Luca
latinamerica@react.org

 
Ecuador is located in the North Western part of South America.  It has land borders with Colombia (North) and Peru (South and East). There are 3 main cities where most of the population and the economic activity is concentrated: Quito (the capital), Guayaquil (largest city and port), and Cuenca.  Ecuador has a population of about 13.5mm. The country has two international airports in the cities of Quito and Guayaquil.  It has four international ports located in the cities of Esmeraldas, Manta, Guayaquil and Puerto Bolivar.  Guayaquil is the largest port, followed by Manta and Esmeraldas. Imports have increased significantly over the last few years, also giving rise to an increase in the importation of counterfeits and other IP infringing products.  The largest shipments arrive through maritime ports especially Guayaquil. Over the last few years the Ecuadorian Customs Agency (“SENAE”) has teamed up with the Ecuadorian Intellectual Property Institute and the Attorney General’s Office to enforce border measures in Ecuador.  This effort is finally working and important shipments of counterfeits and infringing products have been detected.  Although there is no trademark registration system to this effect, it is possible to unofficially file “watch notices” with the SENAE so that when potentially illegal products are detected, notice is given to the corresponding agent.

Our services in Ecuador

  • Amicable settlements and/or negotiation settlements
  • Appearing in hearings in enforcement procedures
  • Desk research
  • Drafting and filing civil complaints
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Drafting and filing preliminary injunctions
  • Filing Customs applications
  • Follow up out-of-court procedures (C&D-letters, negotiations, settlement drafting)
  • Handling court proceedings (criminal or civil in all their instances)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Representing Members at training sessions
  • Simplified procedure

Country Procedures

  • Surveillance letters available, not mandatory. This letter is valid until the registered IP rights remain valid. Nevertheless, it is advisable to file a renewal every 6 months
  • Upon filing of a claim, if the measure is confirmed, the process will be forwarded to the Attorney General’s Office for the corresponding destruction
  • Customs will not act ex officio
  • Deadline for response to Customs notification of detention is 5 days to file a claim with the IP Office containing a statement on the legitimacy of the goods
  • Deadline for importer to respond to seizure is 5 days to respond to the seizure. If the measure is confirmed, the importer has 15 days to appeal the decision (IP holder also has 15 days to appeal the decision if the measure is revoked).
  • Local authorities tasked with taking actions against infringers: Ecuadorian Intellectual Property Institute (IEPI), Ecuadorian Customs Agency, Contentious Administrative Court and the Attorney General’s Office
  • Remedies available by law: seizure of goods, cessation of illegal activity, removal of signs, injunction measures, import prohibition, fines
  • Proof of knowledge of counterfeiting is required?
  • Interim injunctions, damages and costs are all available
  • Contributory liability remedy is generally not available