Fashion law y la protección de la propiedad intelectual en la Industria de la moda en Ecuador

Abstract

This research examined the protection of intellectual property in the Ecuador’s fashion industry from a Fashion Law perspective, with the aim of determining whether the current legal framework affectively addresses the needs of this sector. The study was based on the premise that fashion extends beyond aesthetic and commercial considerations, as it also involves creativity, branding, competition, and intangible value. Toa achieve this objective, a qualitative research approach was adopted, supported aby bibliographic, documentary, legal-dogmatic, and comparative methods. The analysis was grounded in the review of the Constitution of the Republic of Ecuador, Andean legislation, the Organic Code of the Social Economy of knowledge, Creativity and Innovation (COESCCI), documents issued by SENADI, and selected legal references from the European Union, the United Kingdom, and the United States. In addition, relevant cases concerning intellectual property protection in the fashion industry were examined, together with the legal mechanisms applicable to imitation, copying, and counterfeiting practices, in order to identify the criteria applied in practice and the limitations of the existing protection system. The analysis revealed that a legal basis for protecting fashion does exist in Ecuador, although this protection appears fragmented, poorly coordinated, and still lacking a coherent Fashion Law framework. It was also observed that trademarks function as the strongest protective tool, safeguarding commercial identity and differentiation within the market, while industrial design focuses more on the product's appearance, although in practice it faces several limitations, and copyright maintains a more restricted and complementary scope. In this context, the research concluded that the Ecuadorian system does protect fashion, but only partially, thus requiring greater coordination, a more consistent institutional response, and more timely mechanisms to address the sector's actual dynamics.