Las providencias preventivas en materia de propiedad intelectual.

Abstract

Through this degree work we determine that the requirement of a prior favorable report issued by a competent authority violates the legal nature of preventive measures, and we will do so based on an exhaustive analysis of the legislative configuration of preventive measures in matters of intellectual property. Furthermore, after carrying out a comparative study between the legislations of Ecuador, Spain, Colombia and Argentina, we will establish that our legislation differs unjustifiably from those foreign legislations, which allowed us to determine that due to the lack of neatness of the Ecuadorian legislator, in the country , there is a great diversity of criteria when substantiating and resolving requests for preventive measures in matters of intellectual property, therefore, we demonstrate the need to eliminate the requirement of a prior favorable report from COGEP. Consequently, after applying a rationalist methodological approach and inductive reasoning with qualitative techniques, we conclude that it is necessary for the use of preventive measures in matters of intellectual property to eliminate the requirement of a prior favorable report.