VEGETAL PROTECTION
All cultivated vegetable genders and species which imply the vegetal hereditary
improvement of plants are protected through the granting of a certificate
of obtention; in the measure that such cultivation and improvement
is not prohibited by reasons of human, animal or vegetal health.
A variety shall be considered new if the material of reproduction or
of multiplication, or a product of its harvest would not have been sold
or delivered in other legal way to third parties, by the obtentor or his
representative, or with his consent, for its commercial exploitation. Novelty
is lost when:
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The exploitation in the national territory has started at least a year
before the date of filing the application or claimed priority;
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If the exploitation abroad has started at least four years before the date
of filing the application or the claimed priority; and,
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In the case of trees and vineyards, if the exploitation abroad has started
at least six years before the date of filing the application or the claimed
priority.
A variety is distinct, if it is clearly different from any other whose
existence is notoriously known, on the date of presentation of the application
or claimed priority.
The National Vegetables Obtentions Bureau shall not request a deposit
of the live sample when such deposit had been accredited by a competent
national authority of a member country of the International Union for the
Protection of Vegetable Obtentions (UPOV); unless necessary to resolve
an opposition, or would be required for proofs of visibility, homogeneity
and stability.
When a priority is claimed, no legislation or authentication of documents
for pending applications shall be required.
Term of duration:
The term of duration of the obtentor's certificate shall be of twenty five
years in the case of vineyards, forestry trees, fruit trees, including
grafts; and, twenty years for the other species, starting on the date of
filing of the application.
For those varieties that have not been marketed in Ecuador, the obtentor's
certificate will be granted only for the remaining period of their original
registration in the home country.
Nullity
An action for annulment may be brought within three (3) years at administrative
stage (Intellectual Property Committee) on the ground of lack of patentability
in accordance with Decision 345 of the Cartagena Agreement or with the
Intellectual Property Law, or if it was granted on the grounds of false
data or inexact essential contents of the application.
Cancellation
An action for cancellation may be brought before Intellectual Property
Committee, when proved that the protected variety has failed to comply
with the conditions of newness, homogeneity, distinguishability and stability;
and, when the obtentor does not present the information or documents to
demonstrate the maintenance or replacement of the registered variety.
LAYOUT DESIGN FOR SEMICONDUCTOR CIRCUITS (TOPOGRAPHIES)
Decision
486 introduces this matter in the Andean Community legislation, but in Ecuador
it had been already incorporated to the Intellectual Property Legislation in
1999.
The
exclusive rights of intellectual property apply over the layout designs
(topography) that are original as a result of an intellectual effort of their
creator and are not currently in the semiconductor circuits industry.
A
layout design (topography) that consists in a combination of elements or
interconnections shall also be protected if such a combination, in its whole,
fulfills the above- mentioned conditions. (Decision
486, Art. 87)
The
right of the titleholder over an integrated circuit is applicable independently
even if the integrated circuit is incorporated into a product.
The
application will be denied if it is filed after two years as from the first
exploitation date.
(Decision 486, Art. 97)
Term of duration:
The
duration of the protection for layout designs (topography) shall be of ten
years, starting on the latest of the following dates: Last day of the
calendar year of its first commercial exploitation anywhere in the world; or,
the filing date of the application for registration in the corresponding Member
Country of the Andean Pact.
Said
protection shall not be less than fifteen years starting as from the last day of
the calendar year of creation of the layout design (topography). (Decision
486, Art. 98)
Opposition
Within the term of sixty working days following the date of publication,
whoever has a legitimate interest, may file a well-grounded opposition. Upon
request, the opposition deadline may be extended once.
(Decision 486,
Art. 94)
Provisions stated for
patents shall be applied regarding this Chapter.
Examination
The
National Office will not examine a layout design application unless a grounded
opposition is filed.
(Decision
486, Art. 93).
International Exhaustion of Rights applies for layout designs or any
product incorporating a semiconductor circuit that was placed in the market by
the owner or an authorized third party. (Decision 486, Art.
101)
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