Falta de protección de las marcas de hecho.

Abstract

Intellectual Property implies such legal protection to those who create or have authorship of a work, that which comes from the human intellect. It can be classified in Industrial Property and Copyright. In this research work, the focus will be on Industrial Property, specifically the brands, being these, distinctive signs of some product of others and that make a certain person the owner of these. However, trademarks may be by law, those that have complied with all legal requirements and have been registered; and on the other hand, trademarks, those that have not been registered, but that their notorious and prior use in the market, can produce legal protection in defense of the rights of the person who claims to have used it before, however, This legal protection of de facto marks does not occur in all countries, as is the case in Ecuador, leaving a legal vacuum for cases that may occur and that would be typecast in a de facto mark.