La imposición de medidas cautelares en propiedad intelectual para la protección de signos distintivos en el marco de la aplicación de la legislación ecuatoriana

Abstract

This research work, in the first place, addresses the distinctive signs in Ecuadorian legislation, taking into consideration the field of protection of intellectual property, the protection of industrial property in Ecuadorian legislation, the nature of the procedure for the protection of intellectual property rights in Ecuador, the distinctive signs, typology and registration in Ecuador, the registration of trademarks and the international classification of products and services. Secondly, we have the exposition of the precautionary measures in general and in particular in the matter of intellectual property, their conceptual approach and legal nature, characteristics and effects, the counter-precaution, the precautionary measures in intellectual property from the perspective of the international conventions and the comparative legislation. Third, the national treatment of precautionary measures is exposed, the precautionary measures in the field of intellectual property applied to the Organic Code of Social Economy of Knowledge, Creativity and Innovation, the competence in the application of precautionary measures in the field of Intellectual Property, the effects of the imposition of the precautionary measures on distinctive signs, the competent judges for the knowledge of the precautionary measures, the admissibility and the report of favorability in the application of the precautionary measures and the analysis of the procedure No. IEPI- 2017-24324. Fourth, the conclusions and recommendations of the research work are described. The relevance of the proposed topic is found in its practical utility, as well as in the constitutional provision of the Republic of Ecuador, where Intellectual Property is recognized and protected; and with this, to prevent a greater evil that only results through precautionary measures, which protect the rights of a person before being affected by an infraction. Thus, the legal significance of preventive processes in the field of intellectual property, constitute a jurisdictional guarantee that the State offers to creators and inventors.