WORLD TRADE
ORGANIZATIONIP/N/1/ECU/1
9 July 1998
(98-2737)
Council on Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 63.2 OF THE AGREEMENT
ECUADOR
In communications received from its Permanent Mission dated 1 April 1998, 30 April 1998,
11 May 1998, 26 May 1998 and 2 June 1998, Ecuador has notified its laws and regulations under
Article 63.2 of the Agreement, on the basis of the procedures set out in document IP/C/2.
Annex I lists the main intellectual property laws and regulations notified by Ecuador.  For the
laws and regulations marked with an asterisk (*) reference should be made to the WIPO collection, in
accordance with the provisions of paragraph 4 of document IP/C/2.
Annex II contains the listing of "other laws and regulations", in accordance with the
procedures described in document IP/C/4.IP/N/1/ECU/1
Page 2
ANNEX I
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 63.2 OF THE AGREEMENT
Main Laws and Regulations
A. INTELLECTUAL PROPERTY
- Intellectual Property Act, promulgated by the President of the Republic on
8 May 1998 and published in O.J. No. 320 of 19 May 1998.1,2
B. INDUSTRIAL PROPERTY
- Decision No. 344 of the Commission of the Cartagena Agreement, Common
Industrial Property Regime of 21 October 1993, Official Gazette of the Cartagena
Agreement, Year X, No. 142.*3
                                                     
1In its communication dated 2 June 1998, the delegation of Ecuador provided the following information
on the Act in question:
- "In the 'Final Provisions' it is stated that:  'the present Act, because of its special character,
takes precedence over any other with which it may conflict.'"
- "Under Article 378 of the above-mentioned Act, all laws and regulations which conflict with it
are revoked and, in particular, the following legislation which was subsequently notified to theCouncil for TRIPS by Note 4-7-16-98 of 1 April 1998, Annex 1:
(1) Copyright Act, published in Official Journal No. 149 of 14 August 1976:
• Supreme Decree No. 2821 (on phonogram producers) published in Official Journal
No. 735 of 20 December 1978, together with the amendment contained in LawNo. 161 (Musical Piracy Act) published in Official Journal No. 984 of 22 July 1992;
and
• Regulations of the Copyright Act published in Official Journal No. 495 of
30 December 1977, and all other relevant Executive Decrees or Ministerial Decisionswhich in any way conflict or are incompatible with the provisions of the new Act.
(2) Trademarks Act published in Official Journal No. 194 of 18 October 1976;
(3) Exclusive Exploitation Patent Act published in Official Journal No. 195 of
19 October 1976;  and
(4) […]
Likewise, the First Transitional Provision of the new Act states that 'Until the corresponding
regulations are issued, the regulations or decisions of the Commission of the AndeanCommunity shall continue to apply, insofar as they are not incompatible with the provisions ofthis Act. '"
2The text of this Act can be found in document IP/N/1/ECU/1 - IP/N/1/ECU/I/1.
3The text of this Decision can be found in document IP/N/1/ECU/I/2.IP/N/1/ECU/1
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- Decision No. 345 of the Commission of the Cartagena Agreement, Common Regime
for the Protection of Plant Breeders' Rights of 21 October 1993.  Official Gazette of
the Cartagena Agreement, Year X, No. 142.*4
- Decision No. 366 of the Commission of the Cartagena Agreement, published in
O.J. No. 618 of 24 January 1995, amending Decision No. 345 on the CommonRegime for the Protection of Plant Breeders' Rights.
4
- Executive Decree No. 447 regulating Decision No. 344 on Industrial Property.
O.J. No. 145.5
- Executive Decree No. 3708 regulating Decision No. 345 on plant varieties.
O.J. No. 925.6
C. COPYRIGHT7
- Culture Act.  O.J. No. 805 of 10 August 1984.*
- Regulations of the Culture Act No. 1887.  O.J. No. 449 of 3 June 1986.*- Foncultura (Fondo Nacional de la Cultura) Regulations.  Decree No. 1034,
O.J. No. 248 of 13 August 1985.*
- Amendments to the Foncultura Regulations No. 2248-A of 25 September 1986.*- Book Promotion Act No. 71.  O.J. No. 757 of 26 August 1987.*- Regulations of the Book Promotion Act.  O.J. No. 3326 of 5 October 1987.*
- Executive Decree No. 2280, "Ecuadorian Society of Authors and Composers"
(SAYCE).  O.J. No. 647 of 21 March 1991.*
- Registration of Protected Works for International Conventions and the Copyright Act.
Executive Decree No. 1282-A, O.J. No. S-341 of 21 December 1993.
- Common Copyright and Related Rights Regime.  Decision No. 351 of the Cartagena
Agreement, O.J. No. 366 of 25 January 1994.*
                                                     
4The text of this Decision can be found in document IP/N/1/ECU/P/1.
5The text of this Executive Decree can be found in document IP/N/1/ECU/I/3.
6The text of this Executive Decree can be found in document IP/N/1/ECU/P/2.
7The texts of these laws and regulations can be found in documents IP/N/1/ECU/C/2-6.IP/N/1/ECU/1
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ANNEX II
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 63.2 OF THE AGREEMENT
Other Laws and Regulations
TITLE
DATE OF ADOPTION
AND ENTRY INTO FORCE
(According to Ecuadorian legislation, laws enter
into force once they have been published in the
Official Journal "O.J.")BRIEF DESCRIPTION
- Constitution of the Republic adopted in
1978, entered into force 27 March 1979,
published in O.J. No. 800.  Last
codification O.J. No. 2 of
13 February 1997.- Establishes that ownership, in all its
forms, constitutes a right which the State
recognizes and guarantees.
- Code of Civil Procedures, adopted
10 April 1938.  Last codification inSupplement to O.J. No. 687 of
18 May 1987.- Determines the procedure for summary
oral proceedings and preventiveproceedings available to those whose
copyright is injured.
- Code of Penal Procedures, Law 134,
published in O.J. No. 511 of10 June 1983.- Establishes the procedure for defending
copyright and makes breach of copyrightan offence against property.
- Penal Code, adopted in 1946.  Last
codification published in O.J. No. 147 of
22 January 1971.- Determines the penalties for offences
against property.
- Decision No. 391 of the Commission of
the Cartagena Agreement, published in
O.J. No. 5 of 16 August 1996, amended
by Decision No. 423, published inO.J. No. 249 of 3 February 1988.- Establishes the Andean countries'
common regime for the treatment of their
genetic resources.
- Decision No. 291 of the Commission of
the Cartagena Agreement.  Common
regime for the treatment of foreigncapital and on trademarks, patents,
licences and royalties.  Published in
O.J. No. 682 of 13 May 1991.- Contains provisions for the registration of
contracts in the fields of trademarks and
patents.
- Executive Decree No. 415, Regulations
on Foreign Investment, Technology
Transfer Contracts, Trademarks, Patents,Licences and Royalties.  Published in
O.J. No. 106 of 13 January 1993.- Implementing regulations for Decision
No. 291 of the Cartagena Agreement.IP/N/1/ECU/1
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TITLE
DATE OF ADOPTION
AND ENTRY INTO FORCE
(According to Ecuadorian legislation, laws enter
into force once they have been published in the
Official Journal "O.J.")BRIEF DESCRIPTION
- Executive Decree No. 367, published in
O.J. No. 85 of 10 December 1996.- Makes the Industry Directorate the
competent national body for industrialproperty.
- Ministerial Decision No. 265, published
in O.J. No. 1006 of 8 August 1996.- Establishes the Advisory Committee for
Plant Varieties.
- Ministerial Decision No. 227, published
in O.J. No. 165 of 2 October 1997.- Establishes the Protected Plant Variety
Gazette.
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