Incumplimiento al régimen común sobre Propiedad Industrial conforme normas ecuatorianas sobre medidas en frontera.

Abstract

The present titling work analyzes the non-compliance with the Andean regulations carried out by Ecuador by establishing the Organic Law that Reforms Various Legal Bodies to Strengthen the Prevention and Combat of Illicit Trade, Strengthen the National Industry and Promote Electronic Commerce in the Official Registry No. 525 (Fifth Supplement) dated August 27, 2021, with which the indispensable minimum on border measures is breached, thus established supranationally in decision 486 of the Andean Community by legislating more than what is conferred by the present decision. The dogmatic investigative study carried out focuses on Decision 486 on the Common Regime on Industrial Property Chapter III referring to measures at the border of the Andean Community of Nations (CAN) where it is established that member countries cannot legislate more rights of those established in the aforementioned decision, this is reiterated by the Andean Court of Justice of the CAN in Prejudicial interpretations over the years. Similarly, we mention that the central objective of our research is aimed at the correct application of the exclusive rights conferred by Andean regulations in border measures, which are mandatory for member countries; all this with the purpose of avoiding future sanctions that will affect Ecuador due to the misapplication of Andean regulations.