ECUADoR
tHE PotEntIAL GRoWtH In sALEs foR LoCAL
LABoRAtoRIEs tHRoUGH CoMPULsoRY LICEnCEs Is HUGE
Th e principal characteristics of compulsory licences will be: Th e registration was based on the fact that the colour used by the applicant
had acquired distinctiveness through its continuous use in commerce for
• Non-exclusive
telecommunication services.
• Revocable
What is interesting about the registration is the type of evidence that
• Will not permit sublicensing
was accepted by the Trademark Offi ce to show acquired distinctiveness,
• Cannot be assigned without the underlying business itself
as it included comparative advertising from its main competitor. In the
• Must establish royalties for the patent owner advertisement, neither the applicant nor its trademarks were mentioned
• Must be used in the Ecuadorian market.
expressly, but the colour it used was shown in diff erent elements of the
commercial. Th e Trademark Offi ce found that when used in comparative
If a patent owner is notifi ed about a compulsory licence application,
adverting, it was suffi cient to show a particular colour to indicate the origin
we recommend that eff orts be primarily directed at obtaining a fair
of a competitor’s services, which meant it was clear that the colour had
compensatory royalty. We also suggest paying attention to the potential
acquired distinctiveness.
impact of compulsory licences on advertising and trademark use. For
example, will compulsory licence holders advertise their products using
Geographic indications
the name of the active ingredient? Will they indicate that their products are
For the fi rst time, an international geographic indication was recognised
equivalent or bioequivalent to ‘X’ brand product?
through a declaration of protection. Th is is an important precedent as,
Th ere are still many issues to be resolved regarding compulsory licensing in
formerly, the applicable law in Ecuador was interpreted to permit the
Ecuador. Active monitoring of the situation and of pharmaceutical/health-
recognition and therefore protection of geographic indications only if they
related patent portfolios is essential.
were local or regional (i.e. from members of the Andean Community).
Th e IEPI based its resolution granting recognition to Tequila as a geographic
trademarks
indication from Mexico on the fact that both countries (Ecuador and
Further to the registration at the Trademark Offi ce of the fi rst tactile Mexico) are party to the Paris Convention and the TRIPs (Trade Related
trademark a few years ago, this year saw the registration of the fi rst single- Aspects of Intellectual Property Rights) agreement, which recognise the
colour trademark; that is, a trademark not limited by a shape or form. protection of geographic indications.
www.worldipreview.com World Intellectual Property Review Digest 2009 67
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144 |
Page 145 |
Page 146 |
Page 147 |
Page 148 |
Page 149 |
Page 150 |
Page 151 |
Page 152 |
Page 153 |
Page 154 |
Page 155 |
Page 156 |
Page 157 |
Page 158 |
Page 159 |
Page 160 |
Page 161 |
Page 162 |
Page 163 |
Page 164 |
Page 165 |
Page 166 |
Page 167 |
Page 168 |
Page 169 |
Page 170 |
Page 171 |
Page 172 |
Page 173