Should I register my Intellectual Property in Ecuador to protect it?

As part of the Berne Convention, Ecuador does not require any formal registration to provide protection to Copyright works; the work will be automatically protected from the moment of its creation. However, registration may very useful in enforcement actions as a proof of ownership, and of the date of creation or the content of the work itself.

Regarding trademarks, patents, designs and utility models, Ecuadorian Law adopts the first to file principle, what means that exclusive rights are granted to the party that firstly register the relevant IP right in Ecuador. Therefore, to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.

Nevertheless, in accordance with its the international obligations under the Paris Convention, the TRIPS Agreement and the Andean Community Decision 486/2000, Ecuador provides a certain degree of protection to unregistered well-known marks. On the other hand, be aware that in contrast with Europe, unregistered designs are not protected in Ecuador.

If you want to know more about how to protect your creations, and get tailored advice to your specific case, contact our Helpline. It is free, fast and confidential.