Overview of legal framework

Ecuador's IP legal framework is based on both regional rules and national implementing legislation, and mainly includes:

• Decision 486 of the Andean Community (Decision 486/2000) — regional industrial property regime

• Organic Code on the Social Economy of Knowledge (Código Orgánico de la Economía Social de los Conocimientos, COESC, 2016)

• SENADI Administrative Regulations and implementing rules

• Copyright Law (Ley de Propiedad Intelectual)

The competent authority is SENADI (National Service for Intellectual Rights), which is under the Ministry of Production, Foreign Trade and Investment (Ministerio de Producción, Comercio Exterior e Inversiones).
Ecuador is a member of WIPO, the PCT, the Madrid Protocol (since 2021), the Paris Convention, TRIPS, PROSUR and CAN.

International cooperation and regional integration

• Ecuador is a member of the Andean Community (CAN) and applies the common industrial property regime;

• Participates in PROSUR (South American IP cooperation network) and in the Latin American PPH mechanisms;

• Maintains multilateral cooperation mechanisms with WIPO, EUIPO, INPI Brasil, SIC Colombia, INAPI Chile, INDECOPI Peru;

• Uses the Madrid System to obtain international trade mark registrations;

• Is preparing to accede to the Hague Agreement to expand channels for design protection.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with SENADI;

• Ecuador may also be designated via the Madrid System (Madrid Protocol) (since 2021).

Classification standard

• Uses the Nice Classification;

• Single-class and multi-class applications are accepted.

Examination procedure

• Formality examination: around 1 month;

• Substantive examination: around 6–9 months;

• Opposition period: 30 days from the date of publication.

Use and renewal

• Registration is valid for 10 years and may be renewed indefinitely;

• Non-use for 3 consecutive years may lead to cancellation.

Examination features

• Examination language: Spanish;

• Focuses on distinctiveness and conflicts with prior rights;

• Opposition system is well developed; third parties may oppose during the publication period;

• Official online platform: SENADI en Línea / Registro de Marcas;

• Non-traditional marks (sound, smell, colour, 3D shape, etc.) can be registered.

Patent system

Types of protection and term

• Invention patent (Patente de Invención): 20 years from the filing date;

• Utility model (Modelo de Utilidad): 10 years from the filing date.

Examination system

• Invention patents: a full substantive examination system applies;

• A request for examination must be filed within 6 months from the filing date;

• Average examination time is 24–36 months.

International route

• Ecuador is a PCT member state (since 2001);

• National phase entry is available from the international phase;

• Participates in the PROSUR PPH (Latin American Patent Prosecution Highway).

System features

• First-to-file principle applies;

• Examination language: Spanish;

• Annual maintenance fees are payable after grant;

• Patent term cannot be extended;

• Post-grant disputes are decided by SENADI or the administrative courts.

Industrial design protection

Legal basis

• Articles 113–136 of Decision 486 of the Andean Community;

• Supplementary provisions of COESC (2016).

Scope of protection

• Product shape, lines, colours, ornamentation and their visual combinations;

• Applies to industrial and handicraft products.

Term of protection

• 10 years from the filing date; non-renewable.

Examination procedure

• Examination period: around 6–8 months;

• Examination language: Spanish;

• Formality examination only; creativity is not assessed.

System features

• A single registration is valid nationwide;

• Multiple designs may be included in one application;

• In future, international applications may be filed via the Hague Agreement (accession in preparation);

• Official database: SENADI Diseños Industriales.