Database

Browse Database

ECUADOR

Since December 2016
Since June 2017
Since December 2006, last amended in February 2014

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Organic Code on Social Economy of Knowledge, Creativity, and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)

Social Economy of Knowledge Organic Code Regulation (Reglamento Código Orgánico Economía Social de los Conocimientos)

Intellectual Property Law (Ley de Propiedad Intelectual)
Chapter VII of the Intellectual Property Law protects undisclosed information related to trade secrets, industrial secrets, or any other type of confidential information against unauthorized acquisition, use or disclosure by the holder. Moreover, Art. 545 of Organic Code on Social Economy of Knowledge, Creativity and Innovation mentions the concept of trade secret and the Art. 40 of Social Economy of Knowledge Organic Code Regulation also mentions the concept of "Undisclosed Information".
Coverage Horizontal

ECUADOR

Since February 2015
Since September 2017

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Organic Telecommunications Law (Ley Orgánica de Telecomunicaciones)

Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services (Norma Técnica para Uso Compartido de Infraestructura Física de los Servicios del Régimen General de Telecomunicaciones)
There is an obligation for passive infrastructure sharing in Ecuador to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector. The Organic Telecommunications Law and complementary technical regulations are the theoretical frameworks for passive infrastructure sharing in Ecuador. According to Art. 3 of the Technical Standard for Shared Use of Physical Infrastructure of the General Telecommunications Regime Services, services providers related to the telecommunications sector have the obligation to share their physical infrastructure.
Coverage Telecommunications sector

ECUADOR

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the 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

ECUADOR

Reported in 2012, last reported in 2022

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 the enforcement of intellectual property rights (IPR) against widespread piracy in Ecuador remains weak, including online. Moreover, there are concerns related to overly broad or vaguely defined copyright exceptions and limitations. In addition, it is reported that the rate of unlicensed software installation in the country was 68% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 132 million.
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 December 2016
Since December 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Organic Code on 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

Since May 2001

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

ECUADOR

Since December 2016

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Organic Code on Social Economy of Knowledge, Creativity, and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
According to Art. 98 of Organic Code on Social Economy of Knowledge, Creativity, and Innovation, applicants who do not have residency in Ecuador, must have an agent domiciled in the country who can help them register industrial property right and answer petitions of competent national authority.
Coverage Horizontal

ECUADOR

Since November 1999, last amended in December 2017

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
Company Law (Ley de las Compañías)
According to Art. 6 of Company Law, commercial presence is required if the activities that a foreign company is going to be exercising in Ecuador involve the execution of public works and the provision of public services.
Coverage Horizontal

ECUADOR

Since February 2019

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Organic Law on Communication (Ley Orgánica de Comunicaciones)
According to Art. 6 of the Organic Communication Law, foreign companies or individuals (except foreign citizens who resides regularly in Ecuador) cannot own more than 49% stakes of "national" social media. These are defined as those social media that reach more than 30% of Ecuadorian population.
Coverage Social media

ECUADOR

Since October 2008, last amended in July 2011
Since February 2015

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Constitution of the Republic of Ecuador 2008 (Constitución de la República del Ecuador 2008)

Organic Law on Telecommunications (Ley Orgánica de Telecomunicaciones)
According to Art. 313 of the Constitution of the Republic of Ecuador 2008, the State reserves the right to administer, regulate, control, and manage strategic sectors, including telecommunications. Furthermore, according to Art. 316 of the Constitution of the State and Art. 14 of the Organic Law on Telecommunications, public telecommunications services are provided directly by the State, through public telecommunications companies, or indirectly through delegation to mixed economy companies in which it has a majority shareholding.
Coverage Telecommunications sector

ECUADOR

Since February 2015

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Organic Law on Telecommunications (Ley Orgánica de Telecomunicaciones)
According to Art. 98 of the Organic Law on Telecommunications, all the advertising that is disseminated in Ecuadorian territory through the media must be produced in Ecuadorian territory by Ecuadorian natural persons or foreigners residing in Ecuador, or produced abroad by Ecuadorian persons residing abroad or foreign legal entities whose ownership of the majority of the share package corresponds to Ecuadorians and whose payroll for its realization and production is made up of at least 80% of Ecuadorian nationals. In addition, the importation of advertising pieces produced outside the country by foreign companies is prohibited, with the exception of what is established regarding foreign legal entities with a majority of shares owned by Ecuadorians. According to the same article, advertising production is understood as television and movie commercials, radio spots, photographs for static advertising, or any other audiovisual piece used for advertising purposes.
Coverage Advertising sector

ECUADOR

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Ecuador is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal

ECUADOR

Since November 1999, last amended in December 2017
Since August 2008, last amended in February 2017
Since May 2009, last amended in August 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Company Law (Ley de Compañías)

Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)

Regulation to the Organic National System of Public Procurement Law (Reglamento a la Ley Orgánica Del Sistema Nacional de Contratación Pública)
According to Art. 6 of Company Law, commercial presence is required if the activities that a foreign company is going to be exercising in Ecuador involve the execution of public works and the provision of public services.

In addition, the registration in the Unified Registry of Suppliers (R.U.P.) is required to participate in public procurement according to Art. 18 of Organic Law on National System of Public Procurement and Art. 18 of its Regulation.
Coverage Horizontal

ECUADOR

Last reported in 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that bidding on government procurement can be cumbersome and non-transparent. Payments can often be delayed without explanation despite provision of goods and services and proper work orders and receipts. Personnel turnover within government entities sometimes requires restarting bidding processes as the new personnel do not want to continue processes for fear of national comptroller audits. It is reported that the lack of transparency poses a risk that procuring entities will administer a procurement to the advantage of a preferred supplier.
Coverage Horizontal

Report issue     Report new measure