Idea-expression dichotomy in Ecuador

Sam and Daisy, two young French artists, started negotiations with Cherryland, a well-known Ecuadorian company that organizes outdoors activities.

The parties held several meetings in Quito and after analysing the whole portfolio, Cherryland’s representatives selected eight of the plays, which were all previously registered before the Ecuadorian Intellectual Property Office (IEPI). But finally, the Latin-American company only bought the rights of three of them and asked to adapt another one for a new project.

Besides discussing the adaptation of the play, Sam and Daisy also orally provided their ideas for designing and manufacturing a special portable theatre to perform their plays.

The adaptation was a success, but a few months later, Sam and Daisy became aware that Cherryland was also using some of the discarded works without their permission. Moreover, and although it seemed to be of no interest for the Ecuadorian enterprise, it had developed and exploited the portable theatre as it was described by the European artists.

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