Resarcimiento del perjuicio por violación de derechos de propiedad intelectual en la vía administrativa.

Abstract

This paper focuses on the problem of the protection of intellectual property rights in Ecuador, highlighting that the owner of the right is not the direct beneficiary of the sanctions imposed by the National Service of Intellectual Property Rights (SENADI) in the administrative field. Although these sanctions generate income, these are destined to the State, leaving the affected party without any compensation for the infringement suffered. Through a comparative analysis between the judicial and administrative channels, it is observed that, although the administrative channel is more agile and accessible, it does not offer economic compensation. On the other hand, the judicial channel solves this problem, but involves a longer and more expensive process.In this sense, the need to reform the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (Code of Ingenuity) to compensate for the violation of the intellectual property rights of the owners is evident. One of the proposals is to allocate the fines collected from the sanctions imposed by SENADI to those affected, thus ensuring adequate compensation. The conclusions of the study highlight the urgent need to modify the Ecuadorian legal framework to establish a more fair, efficient and equitable intellectual property system. This change would guarantee that the owner of the right not only sees the offender sanctioned, but also receives effective compensation for the violation of his rights.