Database

Browse Database

ECUADOR

Since May 2001

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Ecuador is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

ECUADOR

Since December 2016, last amended in December 2022
Since December 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Organic Code on the Social Economy of Knowledge, Creativity and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)

Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
Ecuador has a clear regime of exceptions to copyright that follows fair use, which allows the lawful use of copyrighted works by third parties without the need to obtain permission. Art. 211 of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation follows the fair use model for copyright exceptions and establishes five factors for the determination of fair use:
- The purposes and nature of the use;
- The nature of the work;
- The amount and importance of the part used in relation to the copyrighted work as a whole;
- The impact of the use on the current and potential market value of the work; and
- The possession and effective exercise of other fundamental rights.
In addition, Ecuador is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision establishes a list of mandatory exceptions in the domestic market but also allows the adoption of additional exceptions in the domestic law of the members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal

ECUADOR

Reported in 2012, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Ecuador. It is reported that Ecuador continues to lack effective laws and regulations covering IP protection and enforcement. Enforcement of intellectual property rights against widespread counterfeiting and piracy remains weak, both on the Internet and in physical markets. Furthermore, Ecuador is also reportedly a source of unauthorised video recordings. Despite increased enforcement activity, Ecuador reportedly needs to take additional steps to address continuing concerns regarding online piracy.
Coverage Horizontal

ECUADOR

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Ecuador has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

ECUADOR

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Ecuador has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'EC')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"80657"},{"post_id":"80658"},{"post_id":"80659"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'EC')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'EC')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

ECUADOR

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
4.72%
Coverage rate of zero-tariffs on ICT goods (%)
66.88%
Coverage: Digital goods

ECUADOR

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Ecuador is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2017

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Discriminatory import licensing schemes
It is reported that any economic operator wishing to engage in commercial activity in the Democratic Republic of the Congo, including foreign trade, must:
- obtain a national identity number (IDNat) from the Ministry responsible for the national economy;
- be registered and enrolled in the Trade and Personal Property Credit Register maintained by the Ministry responsible for justice, as a company or natural person;
- be registered in the index of the National Centre for Statistics and Economic Studies; and
- obtain a unique identifier from the Directorate-General of Taxation.
To carry out import/export operations, the trader must obtain an import/export number from the Ministry responsible for trade, whose relevant services operate outside the Single Window for Business Startups. The import/export number has to be renewed annually. These conditions are the same for DRC nationals and foreigners.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since April 2017

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Ministerial Decree No. 003/CAB/MIN.COM.EXT/2017 of 3 April 2017 Approving the Pre-Shipment Verification Contract for Imports into the Democratic Republic of Congo Between the OCC and Bureau Veritas BIVAC (Décret Ministériel No. 003/CAB/MIN.COM.EXT/2017 du 3 avril 2017 Approuvant le Contrat de Vérification Avant Embarquement des Importations en République Démocratique du Congo Entre l’OCC et Bureau Veritas BIVAC)
A product covered by a certificate of conformity with the standards or technical regulations in force may still be subject to a conformity check when it is imported into the DRC, unless there is either a mutual recognition agreement or an explicit collaboration between the body that carried out the conformity assessment abroad and the Congolese Control Office (OCC). Even in the case of such an agreement or collaboration, the OCC may carry out the check again if it considers that, among other things, risks of deterioration of the product are possible during its transport.
Coverage All products with an FOB value above USD 2,500; Re-imports in the state; Postal parcels without commercial value

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
DRC does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
DRC has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
DRC has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
DRC has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
The Democratic Republic of Congo has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

Report issue     Report new measure