Intellectual Property

Creativity and innovation are a constant in today’s world, and intellectual property (IP) is becoming increasingly critical and demanding.  Our team provides swift and effective legal solutions to our clients’ most challenging IP needs, by combining a long track record with a dynamic and up-to-date team of experts.

We focus on enhancing the protection of our clients’ ideas and know-how to maximize the benefits that IP law provides.

Our clients appreciate the transparency in our billing system, as well as our unshakeable relations with local authorities and regulators.

We work seamlessly with experts from other areas of PBP to provide comprehensive solutions to our clients´ IP needs.

We belong to prominent organizations regarding intellectual property, such as the Ecuadorian Association of Intellectual Property (AEPI), International Association for the Protection of Intellectual Property (AIPPI), International Trademark Association (INTA), Inter-American Association for Intellectual Property (ASIPI).

We also belong to international legal networks such as Lex Mundi, Interlaw, Club de Abogados and Globalaw. This means that we can serve our clients in other jurisdictions, either working closely with foreign firms or referring our clients to foreign top-ranked lawyers worldwide.

Our IP practice includes:

Copyright

Protection of all types of intellectual works, such as works of art, literature, architecture, databases, confidential information, undisclosed information, company secrets.

Trademark registration

Traditional trademark registration (words, graphics, and mixed) and non-traditional trademark registration (sound, smell, taste, and tridimensional). We provide brand surveillance, alerting the client when the trademark of a brand similar or identical to theirs has been requested. We represent our clients in objections to trademark requests, as well as in cancelling a trademark.

Health registration 

We advise local and foreign companies in obtaining and modifying health registration.  

Domain names

We provide advice with relation to the registration and maintenance of domain names, and we have considerable experience representing clients in disputes regarding domain names.

Patents 

We advise local and foreign companies during the preparation and process of obtaining patents in Ecuador.

Technology transfer

  • Contracts: We advise our clients from negotiation to drafting and implementing technology transfer contracts such as licensing, franchising, technical assistance and distribution among others.
  • Intellectual Property: Due diligence: We carry out IP audits as well as the evaluation of corporate portfolios of IP and brand valuation.

Dispute resolution

With the support of PBP’s Dispute Resolution Unit, we have extensive experience in negotiation and in alternative systems for the resolution of disputes. We have obtained out-of-court settlements for our clients, and when the solution cannot be agreed, we have a long track record in national and international litigation and arbitration. Indeed, we have attained extraordinary results in intellectual property litigation. Within this area, our services include:

  • Antipiracy
  • Border measures
  • Administrative and judicial disputes
  • Administrative tutelage of Intellectual Property Rights
    • Action to amend company bylaws due to the use of registered trademarks in its corporate name
    • Interim measures in civil proceedings
    • Lawsuits for infringement of intellectual property rights before the Contentious Administrative District Tribunal
    • Defense against constitutional interim measures
  • Arbitration: Dispute resolution regarding the termination of franchise, distribution and agency contracts, licenses to use trademarks and any dispute involving IP assets.