. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/112/Add.1
26 October 1998
(98-4158)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the European Communities and their Member States
Addendum
By means of a communication from the Eu ropean Commission, dated 15 October 1998, the
Secretariat has received the following questions posed by the European Communities and their
Member States to Ecuador.
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A. COPYRIGHT AND RELATED RIGHTS
1. Please explain whether and how Ecuador provides full retroactive protection to works,
phonograms and performances from other WTO Members as required by Articles 9.1, 14.6 and 70.2
of the TRIPS Agreement, each of which incorporate by reference or rely upon Article 18 of the Berne
Convention.  Please give the date to which such pr otection extends back with respect to each category
of subject-matter.
2. Please clarify how compilations of data are protected under Ecuadorian legislation
(Article 10.2 of the TRIPS Agreement).
B. TRADEMARKS, GEOGRAPHICAL INDICATIONS AND INDUSTRIAL DESIGNS
1. Trademarks
1. Article 15.1 of the TRIPS Agreement specifies that marks can be personal names, letters,
figurative elements and combinations of colours as well as any combination of such signs.  However,
Article 194, paragraph 1 of the Intellectual Property Act only contains a general definition of a mark.
Please explain whether the Act is interpreted as to cover the signs enumerated in Article 15.1 of the
TRIPS Agreement.
2. Article 21 of the TRIPS Agreement provides that the owner of a trademark shall have the
right to assign the trademark with or without the transfer of the business to which the trademark
belongs.  Please clarify where this provision is implemented in Ecuador's legislation.
2. Geographical indications
3. Please clarify whether and how Articles 23.2 and 23.3 of the TRIPS Agreement are
implemented in Ecuador's legislation.IP/C/W/112/Add.1
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3. Industrial designs
4. Please explain how textile designs are protected under Ecuadorian legislation (Article 25.2 of
the TRIPS Agreement).
C. PATENTS, LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS,
PROTECTION OF UNDISCLOSED INFORMATION AND CONTROL OF ANTI-
COMPETITIVE PRACTICES IN CONTRACTUAL LICENCES
1. Patents
1. Articles 154 - 158 of the Intellectual Property Act describe details of conditions for the
granting of compulsory licences.  However, not all conditions, as set forth in Article 31of the TRIPSAgreement seem to be reflected; in particular, Article 31 (a), (c), (h), (i), (j), (k), (l).  Please clarify.
2. Please clarify how Article 32 of the TRIPS Agreement is implemented in Ecuador's
legislation.
3. Please explain whether and how Article 34 - revers al of burden of proof in cases of process
patents - is reflected in Ecuadorian legislation.
2. Layout designs (topographies) of integrated circuits
4. Please clarify whether and how Article 37.1 - act s not requiring the authorization of the right
holder - of the TRIPS Agreement is implemented in Ecuadorian legislation.
5. Please clarify whether Ecuadorian legislation provides for non-voluntary licences and/or for
government use.  If so, what are the conditions?  (Article 37.2 of the TRIPS Agreement).
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