Reform to reduce counterfeiting and piracy
The Commission on Justice and Structure of the State (“Comisión de Justicia y Estructura del Estado”) approved amendments to the Criminal Code (Código Orgánico Integral Penal – COIP) on August 25, 2014, concerning criminal offenses on the violation of intellectual property rights, after intense discussions.
The Criminal Code, which was published in the Official Gazette on February 10, 2014, has been reformed 13 times already.
The goals of the proposed code reform include punishment with fines for trademark counterfeiting and copyright piracy. These reforms are necessary considering that Ecuador is a member of the World Trade Organization (WTO), and therefore should make the best effort possible to take effective action against any infringement of intellectual property rights.
The TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) agreement requires all members to uphold minimum standards to provide adequate protection and enforcement of intellectual property, which means a series of options such as the judicial, administrative customs and criminal options. Ecuador currently fulfills these standards, except for the criminal aspect, which is the goal of the proposed reform.
For more information regarding the new text of this legislation, please click here.