De la protección concedida al nombre comercial en la legislación ecuatoriana.

Abstract

Intellectual property law, as a general law branch, is divided in two great categories: copyright and industrial property. The last one, industrial property, is, today, one of the most powerful tools in order to reach the proliferation of commerce and the growth of the real extension of the global market; mostly because of trademarks, trade names and patents for inventions. Both , trademarks and trade names, are considered distinguishing signs, that aloud all the consumers to choose between numerous options of goods, services and commercial activities; protecting, in turn, the rights of the bidders and the rights of the citizenship, considering these two actors get to interact in the market. The main purpose of this academic study is to review the different positions we can found among the existing doctrine; the provisions of the Ley de Propiedad Intelectual (Intellectual Property Law), and the current Código Orgánico de la Economía Social del Conocimiento, also known as Código Ingenios, and other regional provisions, that protect trade names; in order to, finally, determine if, in Ecuador, this figure is used or not as it should be applied.