In accordance with Decision 486 of the DOG (D.486) and the Law of Intellectual Property, (LPI) the right to the exclusive use of a mark is acquired by means of its registry before the Ecuadorian Institute of Intellectual Property – IEPI-; thus, in Ecuador it governs an attributive system as far as the sprouting of the right on a mark, because the registry solely grants exclusive rights on the mark in the Ecuadorian territory. Thus, the registry of the mark confers, among others, the right of the holder to use, to enjoy and to have the same; and, additionally the holder of the mark enjoys the right to prohibit on the part of third parties the following activities (155 Art.s D.486 and Art. 217 LPI): The use in the commerce of identical or similar signs to distinguish the same related products or other products or services; The sale, storage or introduction in the product commerce that contains the mark without the due authorization of their holder; The product import or export that contains the registered tradename; Emplar the registered tradename in publicity, commercial publications, documents or written communications; and? All that one use that can be considered analogous or assimilable previously to the described thing Thus, the marcario right looks for to protect the holder of a mark being avoided that third parties are worth of the economic effort that entails to position a mark in the market; and, as well, one looks for to protect the consuming public, so that at the time of choosing the goods or services of his preference it does not see vitiated the will by the concurrence in the market of signs that are not distinguishing to each other or of signs that reproduce registered tradenames without having the same enterprise origin and quality that the mark has to which they reproduce. For this reason, the protection of a mark by means of its registry before the IEPI constitutes dun element fundamental to be able to exert the rights that the communitarian and national legislation in the matter of industrial property confers. It registers your mark, protects your ideas.

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