On October 11, 2016, the Ecuadorian Parliament approved the
Organic Code for the Social Knowledge and Innovation Economy
(a.k.a. INGENIOS Code). This Code intends to modify the way in
which knowledge is generated, used and distributed in Ecuador, by
changing the ways in which Universities and other institutes invest
and manage their investigation and development departments, as well
as their budgets.
Furthermore, a new legislation for IP has been included in this
Code, derogating the previous one, in force since 2006.
Some of the changes include the creation of a register for
ancestral knowledge, and regulate the use of said ancestral or
traditional knowledge in the creation and distribution of new
literary or artistic works.
Some of the points that have raised some concern are, for
example, art. 82 of the Code, which expressly state that, since IP
rights are limitations to knowledge as a public domain good, they
will be subject to a social function and responsibility. Some
debate has been generated, as to whether or not the government
could expropriate these rights if it is deemed necessary. Also, in
patents, some inventions have been declare as not patentable, such
as salts, ethers and combinations.
Other novelties, include the declaration of Internet as a public
service, therefore granting the State a stronger presence in the
control and regulation of its provision, the obligation for
universities to grant full scholarships, and the prohibition for
universities to operate for profit.
It remains to be seen whether some of its regulations are
against the mandatory norms of Decision No. 486 issued by the
Andean Community of Nations in the year 2000.
The Code passed on to the President, who has objected 19
articles. The Parliament has now until mid-December to solve these
Franchise is defined as the system by which a franchisor grants to a franchisee the right of trademark or patent use, associated with the right to exclusive or semi-exclusive distribution of products or services and, optionally, ...
PANAMA HAT identifica a los sombreros de paja toquilla elaborados en Ecuador.
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