Ecuador Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in ecuador, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals
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Protecting Intellectual Property
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Ecuador’s main challenge in protecting and enforcing intellectual property (IP) involves a lack of effective laws and regulations, including the Organic Code on Social Economy of Knowledge, Creativity, and Innovation (Ingenuity Code), which governs the protection, exercise, and enforcement of IP rights. The Ingenuity Code has overly broad exceptions and limitations to copyright and lacks regulations covering unauthorized camcording in movie theaters.   

The National Service for Intellectual Property Rights (SENADI) has limited enforcement capacity and remains hampered by a lack of funding and personnel due to budget limitations. SENADI does not provide data on wait times or backlogs, however one law firm estimates trademarks take eight months to process while patents take six to eight years.   

SENADI officials stated that Ecuador’s competition authority has the jurisdiction to act on alleged trade secrets violations, as provided in the Organic Law of Regulation and Control of Market Power.  In January 2025, Ecuador registered its first IP conviction of individuals involved in a conspiracy to sell internationally branded counterfeit products. This investigation enabled authorities to dismantle a well-organized counterfeit network engaging in suspicious transactions and maintaining irregular inventories. 

SENADI handles enforcement in cases of IP violations.  There are provisions for filing both administrative (with SENADI) and judicial proceedings, and either civil or criminal procedures.  SENADI does not act ex-officio but through submissions by rights holders.  SENADI handles the registration of trademarks, patents, copyrights, plant varieties, and traditional knowledge.   

Protected rights and their expiration periods are as follows: 

  • Trademarks: 10 years, renewable period 

  • Patents:  20 years, non-renewable period   

  • Copyrights:  through the author’s life and 70 years after their death

SENADI has developed a virtual platform aimed at reorganizing its processes and requirements.  For more information visit SENADI´s web page.  For international inquires in English, email: relacionesinternacionales@senadi.gob.ec.  

SENAE is Ecuador’s customs authority.  Customs enforcement on an ex-officio basis is weak.  While Ecuador does not provide statistics on seizures of counterfeit goods, SENAE publicized seizures in February 2025 of 179,490 units of counterfeit ink worth $2 million, $2.5 million in contraband cigarettes, $400,000 in used clothing, and over $334,000 in electronic and medical devices.  SENAE has two options for seized goods: destruction or appropriation, based on the type of merchandise and environmental protocols.  Destruction occurs when the importer lacks control documents or at the brand owner’s request. If the value of the goods exceed 150 minimum wages ($70,500 in 2025), the case is treated as a crime and referred to the Attorney General’s Office. Below that threshold, SENAE may destroy the goods upon the brand owner’s request.  When dealing with apparel or footwear, authorities often remove logos or distinctive marks that infringe IP rights and donate the goods to public institutions based on their mandate, with justification of social use.     

IP may be protected differently in Ecuador than in the United States and it is advisable that companies seek advice from local attorneys or IP consultants who are experts in Ecuadorian law. U.S. firms seeking the latest IP policy or requiring IP counseling should contact U.S. Embassy Commercial Specialist Sandra Tinajero at TinajeroSV@state.gov.  

U.S. companies should conduct due diligence on potential partners and consider carefully whether to permit a partner to register IP rights on the company’s behalf.  Doing so may create a risk that a partner will list itself as the IP owner and fail to transfer the rights should the partnership end.  U.S. companies should work with legal counsel familiar with Ecuadorian laws to create a solid contract that includes non-compete clauses and confidentiality/non-disclosure provisions. 

To support efforts to protect IP and stop counterfeiting, U.S. businesses should participate in industry associations. There are a number of these organizations, both in Ecuador and the United States.  These include:  

  • The U.S. Chamber and local American Chambers of Commerce 

  • National Association of Manufacturers (NAM)  

  • International Intellectual Property Alliance (IIPA)  

  • International Trademark Association (INTA) 

  • The Coalition Against Counterfeiting and Piracy 

  • International Anti-Counterfeiting Coalition (IACC) 

  • Pharmaceutical Research and Manufacturers of America (PhRMA) 

  • Biotechnology Industry Organization (BIO) 

In any foreign market, companies should consider general principles for effective IP protection.  For more information on IP in Ecuador, contact EcuadorCommercial@state.gov. To access the Ecuador Investment Climate Statement, which includes information on the protection and enforcement of IP rights, visit the U.S. Department of State Investment Climate Statement website.