Registro de marca ciudad y el derecho de Propiedad Intelectual en la legislación ecuatoriana

Abstract

The objective of this investigation is to establish the registration of the city brand and the intellectual property right in Ecuadorian legislation, for which the doctrine and Ecuadorian legislation are specified, analyzing whether there is a sufficient legal regulation that protects the trademark registration, comparing with the Colombian and Peruvian legislation and investigating the effectiveness of the procedures established for the registration of trademarks and their impact on intellectual property rights. In addition to the legal protection of intellectual property, each legislation autonomously determines the conditions of its protection. Regarding the methodology, a mixed approach study has been carried out with qualitative and quantitative data, where none of these prevails over the other, with a type of documentary-bibliographical research collecting information on primary and secondary sources with the aim of expanding and base the theoretical support, using theoretical and empirical methods, with an experimental design based on observation. For which, surveys and interviews were carried out, evidencing that there is legal protection on the brand, however there is no specific regulation that protects the city brand right. It is concluded that the purpose of intellectual property law is to defend the brand, and that to achieve this there are different control entities at a national and international level such as the National Intellectual Rights Service and the World Intellectual Property Organization. However, there is a need for legislation that comprehensively protects the city brand from a reform to the regulations