Ecuador

Country code:

EC

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
Programme / Projects of Scientific Research and Technological Development	National Secretariat of Higher Education, Science, Technology and Innovation; some projects are co-financed with other institutions.	Ecuador	Projects of scientific research and technological development promoted by public institutions or private sector.	Beneficiary institution may not allocate the resources to cover some areas (including such as acquisition of motor vehicles; photocopying equipment, film, video, specialized photography and other audiovisual equipment; civil works of any kind; travel and subsistence outside researchers etc. - please consult the description of the programme).
Funding by Inter-American Development Bank	Inter-American Development Bank	Regional - Latin America and the Caribbean	The Bank supports its clients in the design of projects, and provides financial and technical assistance services to support knowledge development interventions. It has several priority areas which include: Agriculture, training and employment; Urban Development, Education, Finance, Information Technology, Infrastructure, Integration and Trade, Environment, etc.

Partner search facilities:


Name	Description	Scope	Costs
National Secretariat of Higher Education, Science, Technology and Innovation	You can find the list of institutions that receive financing to carry out R&D projects.	International	Free of charge

Resources of information:


Name	Description	Costs
PILA - Network of Intellectual and Industrial Property in Latin America	The aim is to create a learning platform for exchanging management practices in respect of intellectual property in Higher Education Institutions in Latin America. With the modernization of management practices in respect of intellectual property in Higher Education Institutions in Latin America, PILA aims to encourage interaction between universities and businesses, thereby contributing to economic and social development.	Free of charge

Institutions supporting R&D collaboration:


Name	Description
National Secretariat of Higher Education, Science, Technology and Innovation	The Secretariat’s mission is to exercise stewardship of public policy for higher education, science, technology and traditional knowledge and manage their implementation, with a focus on strategic development. It also coordinates actions between the executive and the higher education institutions in the interests of academic, productive and social empowerment. In the field of science, technology and traditional knowledge, the Secretariat promotes formation of advanced human talent and the development of research, innovation and technology transfer, through development, implementation and evaluation of policies, programs and projects.

Legal framework for R&D cooperation:


Name of the agreement	Description
BIOTECSUR - Agreement between the European Community and MERCOSUR	BIOTECSUR is a MERCOSUR biotechnologies platform and part of the BIOTECH-MERCOSUR-EU project. On 3 November 2005 the ALA/2005/017-350 agreement was signed by the European Community and MERCOSUR. The agreement is intended to promote the consolidation of the regional biotechnologies platform for the development and use of technology applications in the MERCOSUR, in order to increase the added value and competitiveness of its products in international markets.
UNASUR - Consejo Suramericano De Ciencia Tecnología e Innovación	It is the body responsible for developing programs in science, technology and innovation in South America. Regional scope - member states of UNASUR.
Asucion Treaty of 26/03/1991 - Ouro Preto Protocol 16/12/94 - MERCOSUR	Regional - MERCOSUR member states.
Framework Agreement on Cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela	Based on respect for democratic principles and human rights, to consolidate, deepen and diversify relations between the Parties, to promote in particular the development of cooperation relating to trade, investment, finance and technology, taking account of the Andean countries' special status as developing countries, and to promote the intensification and consolidation of the process of integration in the Andean subregion.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Intellectual Property Law of 1998	yes	National Directorate of Copyright and Related Rights of the Ecuadorian Institute of Intellectual Property
Patents	Intellectual Property Law of 1998	yes	National Directorate of Industrial Property of the Ecuadorian Institute of Intellectual Property
Utility models	Intellectual Property Law of 1998	yes	National Directorate of Industrial Property of the Ecuadorian Institute of Intellectual Property
Trade marks	Intellectual Property Law of 1998	yes	National Directorate of Industrial Property of the Ecuadorian Institute of Intellectual Property
(Industrial) designs	Intellectual Property Law of 1998	yes	National Directorate of Industrial Property of the Ecuadorian Institute of Intellectual Property
Geographical Indications	Intellectual Property Law of 1998	yes	National Directorate of Plant Varieties of the Ecuadorian Institute of Intellectual Property
Know How	Maybe protected under unfrair competition regulations.	-	-
Plant Breeders Rights	Intellectual Property Law of 1998	yes	National Directorate of Plant Varieties of the Ecuadorian Institute of Intellectual Property
Topographies of Semiconductor Products	Intellectual Property Law of 1998	not required, but possible - such record will be declaratory and will constitute a presumption of ownership	National Directorate of Industrial Property of the Ecuadorian Institute of Intellectual Property

IPRs' databases:


Name of the source	What information can I find?	Language
Ecuadorian Institute of Intellectual Property	Database of intellectual property rights requested and published in the country	Spanish
Latipat	Latipat is an access point for searching public patent documents of Latin America and Spain using the Espacenet platform.	English, Spanish, Portuguese

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs
Patents/Utility models	Limitations on exlcusive rights:	Use in the private sphere and not on a commercial scale; use for non-profitmaking purposes, exclusively in an experimental, academic or scientific context.	Intellectual Property Law of 1998, Articles 150, 161
Industrial Designs	The regulation does not set specific limitations.
Topographies of Semiconductor Products
Trade Marks	Limitations on exlcusive rights:	Provided that it is done in good faith and does not constitute use as a trademark, third parties may, without the consent of the owner of a registered trademark, make use in the market of their own names, addresses or pseudonyms, a geographical name, or any other precise indication concerning the kind, quality, amount, purpose, value, place of origin or time of production of their goods or of the rendering of their services or other characteristics thereof. A third party may use the mark to announce, offer for sale or advertise the existence or availability of lawfully trademarked goods or services, or use the mark to advertise the compatibility or suitability of spare parts or accessories that can be used with goods bearing the registered trademark.	Intellectual Property Law of 1998, Articles
Copyright	These kinds of use shall not infringe copyright:	Inclusion of fragments of works by other people by way of quotation or for the purpose of analysis, comment or critical assessment - only for teaching or research purposes; Free performance of musical works at official functions of State institutions or religious ceremonies; Free communication to the public of articles and comments on current events of collective interest; Free dissemination in the press or by broadcasting of lectures, speeches and similar works; Reproduction of a single copy of a work that is in the permanent collection of a library or archive, for the exclusive purpose of replacing it where necessary; Reproduction or communication of a work for judicial or administrative proceedings; Lessons and lectures given at universities, polytechnic schools and higher technical and technological institutes, colleges, schools, and teaching and training centers in general, which may be annotated and collected by those to whom they are addressed for their personal use.	Intellectual Property Law of 1998, Article 83

IP Office:


Name of the office	Scope of activities
Ecuadorian Institute of Intellectual Property	The Institute is the state agency that regulates and controls enforcement of intellectual property.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	no
Hague Convention		yes
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Author / Inventor
Default (statutory) regime for employee’s creations	Employer, unless otherwise agreed
Ownership of research results in publicly sponsored research	Ownership belongs to the legal entity of public law, with the possibility of yielding of economic benefits to employed inventors.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	Under Article 129 of Intellectual Property Law, the university, polytechnic school, higher technical and technological institute or teaching centers shall be the owners of patents where inventions have been made in the course of or in connection with the academic activities of such universities, polytechnic schools, higher technical and technological institutes or teaching centers, or using their facilities or under their direction, unless otherwise stipulated. Anyone who has directed research shall be entitled to the remuneration.
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	Under Article 129 of Intellectual Property Law, the university, polytechnic school, higher technical and technological institute or teaching centers shall be the owners of patents where inventions have been made in the course of or in connection with the academic activities of such universities, polytechnic schools, higher technical and technological institutes or teaching centers, or using their facilities or under their direction, unless otherwise stipulated. Anyone who has directed research shall be entitled to the remuneration.
Related law (name & link)	Intellectual Property Law of 1998, Articles 11, 16, 127 to 129

Dissemination rules:


Limitations on publication	There is no general system that establishes limitations on publication. Nevertheless, each institution of higher education may establish special rules for each case.
Specific rules regarding publication of scientific results financed by public bodies	They differ for each institution. Some examples: Universidad Central de Ecuador - Publications and Printing Regulations in the University Press of Central University of Ecuador Escuela Politécnica del Ejército (ESPE) - Regulation on Publications
Non-disclosure clauses in research contracts	There is no general rule governing this aspect, whereby each institution may agree to confidentiality in such contracts.

Specific incentives for innovation activities:


Related Law (name & Link)	Internal Tax Law Regime, Article 9 The Tax Reform Act of Equity Ecuador, Article 180 The Tax Reform Act of Equity Ecuador - Added by Article 20 of Decree Law s / n, R.O. 583-S, 24-XI-2011
Incentives provided by law for individual researchers	Not available
Related Law (name & Link)	Not available
Incentives provided by HEI for researcher	Not available

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
There is no general regulation.	There is no general rule imposing specific forms for contracts. As prescribed by Article 44 of Intelectual Property Law regarding copyright, the contracts for authorization to use or exploitation of works by third parties shall be in writing, will have cost and will last for a period determined by the same. Meanwhile Article 280 of Intellectual Property Law provides that the holders of industrial property rights and plant variety may grant licenses to third parties for their operation or use by written contracts which must not contain clauses restricting trade or create unfair competition. Article 281 also imposes the need to enter information on such contracts in the respective registers.	There are no such rules.	There is no centralized national office responsible for the transfer or commercialization of research results. There are different offices in different institutions seeking marketing results.	Intellectual Property Law of 1998, Articles 44, 280, 281

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patents: Employee-inventor	Employee-inventor shall have the right to a single equitable remuneration that takes into account the information and facilities provided by the company and the personal contribution of the employee, and also the industrial and commercial importance of the patented invention, which, in the absence of agreement between the parties, shall be determined by the competent judge on the basis of a report from IEPI.	Not available	Not available	Intellectual Property Law of 1998, Article 129

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Not available