"The fight against piracy in Ecuador has been a constant challenge"

Tell us a little about your experience as an intellectual property specialist.

Since 2004, I have led a team at Luzuriaga & Castro Attorneys, dedicated to providing top-tier legal services in intellectual property. Over the years, I have had the privilege of collaborating with prominent national and international companies, assisting them in protecting their intangible assets in Ecuador. In addition to my work in this field, I am honored to serve as the national delegate for Ecuador at the Inter-American Association of Intellectual Property(ASIPI) and to chair its anti-piracy committee. I am also a member of the anticounterfeiting committee of the International Trademark Association (INTA).

Throughout my career, I have been involved in several landmark intellectual property cases at the administrative and judicial levels. This experience has been crucial for leading operations, implementing border measures, and directing legal proceedings against counterfeit products.

Over these twenty years of professional practice, I have contributed to the academic field by participating in forums, organizing training sessions, and publishing articles. My passion for promoting innovation, technology, and entrepreneurship drives me to continue strengthening and protecting intellectual property at national and international levels.

What measures do you intend to implement during your term as president of ASIPI’s anti-piracy committee 2023-2025?

Our goals focus on harmonizing intellectual property legislation in the region, using international standards of IP rights protection as the benchmark. To date, we have taken steps such as proposing legislative reform projects and holding meetings with public and private institutions. We have also launched programs in collaboration with universities and organizations representing authors and composers, in order to strengthen policies around intellectual property rights.

These actions aim to not only combat piracy in Ecuador but also create an environment conducive to innovation and creativity in our country. By strengthening the legal framework and promoting awareness of the importance of intellectual property protection, we intend to lay the groundwork for sustainable economic growth and the development of a business and artistic culture based on innovation and respect for intellectual property rights.

Our goals focus on harmonizing intellectual property legislation in the region, using international standards of IP rights protection as the benchmark.

How has the anti-piracy fight advanced in Ecuador, including border measures at the international level?

The fight against piracy in Ecuador has been a constant challenge, with early efforts receiving minimal attention. In 2004, our firm carried out the first significant action against piracy in the country, marking a milestone in the protection of intellectual property rights. Since then, we have worked tirelessly to expand the scope and effectiveness of these measures, achieving significant milestones such as the first criminal action in 2004, the first criminal sentence, and the first border action in 2006, in 2012 the first and second verdicts of the Constitutional Court of Ecuador declaring the constitutionality of the destruction of counterfeit products, constitutional rulings that led to the current legal reform of our Penal Code, and, in a most recent case, in 2022 with the first criminal conviction sentence based on the new criminal norm in force in Ecuador.

Today, intellectual property and its various forms of protection are of great importance in Ecuador. New doors have been opened, and more robust legal frameworks have been established to address this issue. Authorities recognize the importance of this fight and continue to strengthen measures to combat piracy and protect intellectual property rights in the country.

At the legislative level, what changes should be made to achieve a better protection for intellectual property rights in the country?

Despite significant legislative changes that have been made, there is consensus on the need to continue improving the legal framework for the protection of intellectual property rights in the country. One aspect that requires attention is the drafting of the laws. In this regard, it is imperative to avoid including ambiguous terms or those which are challenging to interpret. It is crucial that the laws be written clearly and precisely, which would facilitate their direct and effective application and ensure legal certainty.

To achieve this goal, it is necessary to raise the level of legislative debate and consider the opinions of intellectual property experts. The participation of experts can significantly contribute to the creation of a normative body that promotes competition and ensures adequate protection of intellectual property rights in the country.

What are the main challenges for intellectual property in Ecuador?

One of the main challenges is the need to promote greater awareness of intellectual property. The general public, legal professionals, and entrepreneurs must be well-informed about intellectual property rights and their importance for economic development and innovation.

To address this challenge, it is necessary to implement training and awareness programs at all levels of education. These programs should provide clear and accessible information on the different types of intellectual property rights, as well as the mechanisms for protecting them.

Furthermore, fostering collaboration among higher education institutions, the private sector, and the government is crucial to developing up-to-date and relevant curricula in intellectual property. This will help ensure that future professionals are prepared to face the challenges and seize the opportunities presented by this ever-evolving field.