Administrative trusteeship: a tool to protect intellectual property in Ecuador

In today's economy, intangible assets have become one of the most valuable assets for companies. Trademarks, inventions and creative works now represent a fundamental part of the commercial value of many organisations.

However, registering these rights is not always sufficient to prevent unauthorised use by third parties. In practice, it is common to find cases of trademark misuse, unauthorised exploitation of protected technologies or illegal reproduction of creative works.

Faced with these situations, the Ecuadorian legal system offers effective mechanisms to react in a timely manner. One of the most important is administrative protection.

What is an administrative tutelage?

The administrative tutelage is a procedure through which the holder of an intellectual property right can request the intervention of the competent authority when there is an infringement or threat of infringement of his rights.

This mechanism allows for rapid and specialised action, with the aim of stopping unlawful conduct that may affect the economic or reputational value of an intangible asset.

Administrative enforcement can be used to protect different types of intellectual property rights, among them:

Trademarks

• Unauthorised use of signs identical or similar to a registered trademark.
• Marketing of products that cause consumer confusion.
• Taking unfair advantage of the reputation of a trademark.

Patents and technological innovations

• Unauthorised manufacture or marketing of products incorporating a protected invention.
• Unauthorised exploitation of patented technologies.

Copyright

• Illegal reproduction or distribution of works.
• Unauthorised use of creative content, software or audiovisual material.
• Public communication of works without authorisation of the owner.

Who knows about these actions in Ecuador?

In Ecuador, these actions are filed before the National Service of Intellectual Rights (SENADI), the administrative authority in charge of the management and protection of intellectual property rights.

Within its competences, this institution can:

• Investigate possible infringements.
• Order the cessation of unlawful acts.
• Order precautionary measures.
• Impose administrative sanctions.

This allows right holders to react effectively to conduct that affects their intangible assets.

What measures can be requested?

In the framework of an administrative injunction, various measures can be requested to stop the infringement, among them:

• Immediate cessation of the use of an infringing trademark or sign.
• Suspension of the exploitation of a protected invention.
• Withdrawal of infringing goods from the market.
• Seizure of counterfeit or pirated goods.
• Suspension of copyright infringing advertising or content.

These measures seek to stop the damage while the procedure is being resolved, preventing the infringement from continuing to generate economic or reputational damage.

The importance of acting in time

One of the most common mistakes in intellectual property matters is not reacting in a timely manner to infringements.

Allowing the misuse of a right for long periods of time can lead to:

• Consumer confusion.
• Loss of brand value.
• Dilution of distinctive signs.
• Reduction of the commercial value of an innovation or creation.

For this reason, active vigilance and the use of appropriate legal mechanisms are essential to protect a company's intangible assets.