LexLatin – Ecuador brings its new personal data law to international standards

LexLatin - Ecuador brings its new personal data law to international standards - CorralRosales - Lawyers Ecuador

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DATE: 27-05-2021

CORRALROSALES IN THE NEWS:

Rafael Serrano

MEDIA: LexLatin

Ecuador will publish in the coming days its first Personal Data Protection Law in the most European style after a long time working on it.  Our senior associate Rafael Serrano writes about it in LexLatin.

This great advance for Ecuador, although the right was guaranteed since 2008 but without a norm that would regulate it, will allow companies to have a refined database with globally homogenized standards and, above all, to have greater protection of the personal information.

In the words of Rafael Serrano, “it is about establishing a framework of parameters to process correct information”.

All those people who store information that identifies or makes any individual identifiable, directly or indirectly, and in any type of support, will be affected by this rule.

To review whether the law is being complied with, a personal data protection authority has been created. “If the president does not veto the project, this authority, the Superintendency, will be independent and with overseeing power in both the private and the public sectors,” adds Serrano.

In addition, this law has established parameters for international communications and transfers with personal data. It has also stablished rights so that consultation, digital education, and girls, boys and adolescents would not be the subject of a decision based solely or partially on automated valuations.

Serrano points out, “one of the most discussed issues was whether or not there was a need to create a record of the databases in the possession of those responsible. This does not mean that this information is delivered to the Superintendency to create a large database, but rather that what is delivered responds to statistical purposes: for example, what data is being processed and how many databases are there”.

The law establishes that the consent for a person to be registered in a database will only be valid when it is manifested freely, specifically, informed and unequivocally.

Information from companies to the owner of personal data

As Serrano explains, the information required by companies is “the purpose of the data treatment, the legal basis, the types of treatment that exist, the time of their conservation, the existence of a database , the purposes, a contact person in charge, the transfers that are intended to be made and the existence of automated evaluations and decisions, among others”.

“Those responsible for the processing of personal data are obliged to sign confidentiality contracts and proper handling of personal data with the person in charge and the staff in charge of the processing of such personal data or whoever has knowledge of the personal data, in addition to using technologies to mitigate and evaluate the performance or the violations that their protection mechanisms may have ”, concludes Serrano.

If you want to see the article, click here

AIPPI – Mandatory licensing of pharmaceutical patents in Andean countries

AIPPI - Mandatory licensing of pharmaceutical patents in Andean countries - CorralRosales - Lawyers Ecuador

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DATE: 25-05-2021

CORRALROSALES IN THE NEWS:

María Cecilia Romoleroux

Gabriel Kuri

MEDIA: AIPPI

Pharmaceutical patent licenses are generally granted by means of agreements freely executed between the patent holder and the person authorized to exploit the invention. However, this is not always the case, since in some exceptional cases, they are granted by order of the authority under the conditions set forth in the Law. Our partner, María Cecilia Romoleroux, and our professional technician, Gabriel Kuri, write about this for AIPPI Ecuador.

The Commission of the Andean Community of Nations -CAN- provides for the granting of compulsory licenses for reasons of public interest, emergency or national security, if there are practices that affect free competition, and when requested by the holder of a patent, provided that it necessarily requires the use of another patent. This requires the prior notice to the licensee, whenever possible, and a specification of the period for which it is granted, the object of the license, the amount, and the conditions of the financial consideration. 

In 2009, the Ecuadorian Government declared access to medicines used in the treatment of certain diseases that affect the population and that are a priority for public health, as a matter of public interest. As a consequence, it declared the possibility of granting compulsory licenses. “In addition, it declared that, in principle, all medicines and agrochemicals would be subject to compulsory licensing as there are basic concepts that prevail over commercial interests,” add our experts.

For this reason, while recognizing the right of each country to order compulsory licenses for patent-based medicines under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Ecuador declared access to medicines used in the treatment of priority diseases to be in the public interest.

Last March 2021, the Andean Court of Justice issued a preliminary ruling (interpretación prejudicial) stating that ” among the situations in which the competent national offices have the power to grant compulsory licenses, are those related to reasons of public interest, emergency, or national security “, they add. Therefore, the granting of a compulsory license does not affect the right of the patent holder to continue exploiting the patent.

Our experts, based on their experience, state that “the granting of a compulsory license requires that the competent authority of the Member Country evidences, explains and adequately and sufficiently substantiates the reasons of public interest, emergency or national security, as well as the need to adopt such measure, which must meet three reasonableness requirements”. “It must also substantiate the reasons that justify that, under these circumstances, it is essential to grant a compulsory license.”

“The preliminary ruling clearly establishes that it is not enough to simply state one or more  conditions included in Article 65 of Decision 486, but that these must be explained, detailed and even individualized for each case,” they conclude.

If you want to see the article, click here

Visa requirement prior entering the country

Migratory bulletin - Visa requirement prior entering the country - Lawyers Ecuador - CorralRosales
By Ministerial Agreement No. 0000080 dated May 10, 2021 the Ministry of Foreign Affairs & Human Mobility establishes the visa requirement prior entering the country for nationals of the following countries:

1.    Haiti
2.    Republic of the Congo
3.    Mali
4.    Ivory Coast
5.    Myanmar

Nationals of these countries that carry diplomatic, official or special passports, subject to reciprocal visa exemptions under multilateral and bilateral agreements signed by the Republic of Ecuador, are exempted from this provision.

The above mentioned are added to the nationals of the following countries who also require a visa to enter Ecuador:
Afghanistan, Angola, Bangladesh, Cameroon, North Korea, Cuba, Egypt, Eritrea, Ethiopia, Filipinas, Gambia, Ghana, Guinea, India, Irak, Irán, Kenia, Libya, Nepal, Nigeria, Pakistan, Democratic Republic of Congo, Senegal, Syria, Sri Lanka, Somalia, Venezuela, Vietnam and Yemen.y.

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DISCLAIMER: The previous text has been prepared for informational purposes. CorralRosales is not responsible for any loss or damage caused as a result of having acted or stopped acting based on the information contained in this document. Any additional determined situation requires the specific opinion and concept of the firm.

CORRALROSALES

New deadlines for filing the dividend annex

Tax Bulletin - New deadlines for filing dividend annex - Lawyers Ecuador
Regulation NAC-DGERCGC21-00000024 issued by the General Director of the Internal Revenue Service and published in the Fourth Supplement of the Official Registry 446 of May 6, 2021, established new deadlines for filing the Dividend Annex for the fiscal year 2020, according to the ninth digit of the taxpayer’s ID as follows:.

When the filing date is a national or local holiday, the annex may be filed on the following business day, unless it falls on the following month, in which case this rule will not apply, and the annex must be filed in the previous business day.

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DISCLAIMER: The previous text has been prepared for informational purposes. CorralRosales is not responsible for any loss or damage caused as a result of having acted or stopped acting based on the information contained in this document. Any additional determined situation requires the specific opinion and concept of the firm.

CORRALROSALES

ASIPI Seminar | Beyond a year of change

ASIPI Seminar | Beyond a Year of Change - CorralRosales - Lawyer Ecuador

CorralRosales will participate in the next seminar organized by the Inter-American Association of Intellectual Property (ASIPI), titled “Beyond a year of change“, which will take place from May 23 to 25, 2021.

The most important Intellectual Property association in Latin America is organizing this event, which will be held online through an innovative platform, in which all members will be able to participate free of charge.  

The academic program will address current topics, as well as networking activities, which will involve a high level of participation.

Academic Program

Sunday, May 23 2021

  • 09:00h. – 12:00h. EST-USA: Administrative Council Meeting (for ASIPI members only)

Monday, May 24 2021

  • 08:00h. – 09:00h. EST-USA: ASIPIfit
  • 10:00h. – 10:20h.  EST-USA: Opening
  • 10:20h. – 10:50h. EST-USA: Opening Keynote Speaker – How Will AI shape the future of the IP system?
  • 11:00h. – 12:15h. EST-USA: Key Note Panel: Social platforms and freedom of speech, what is the right balance and should social platforms be entitled to censor speech?
  • 14:30h. – 16:00h. EST-USA: New road ahead for patentability of a new wave of technologies
  • 14:30h. – 16:00h. EST-USA: Trademarks as a living organism
  • 16:30h. – 17:30h. EST-USA: ASIPI CLUB: Brainstorm IP
  • 16:30h. – 17:30h. EST-USA: ASIPI CLUB: Regions and Gastronomy
  • 16:30h. – 17:30h. EST-USA: ASIPI CLUB: Books
  • 17:30h. – 18:30h. EST-USA ASIPI CLUB: Movies/series
  • 17:30h. – 18:30h. EST-USA: ASIPI CLUB: Wine
  • 17:30h. – 18:30h. EST-USA: ASIPI CLUB: E-sports and videogames
  • 19:00h. – 20h. EST-USA: Bingo

Tuesday, May 25 2021

  • 08:30h. – 09:00h. EST-USA: ASIPIfit
  • 10:00h. – 11:00h. EST-USA: CEJ Meeting/ Working Committee Presidents and Secretaries and Special Commissions
  • 11:30h. – 12:30h. EST – USA: Key Note Panel: New Intellectual Property Issues for Tech Startups in Latin America
  • 14:15h. – 15:45h. EST-USA: The new reality of the justice system
  • 14:15h. – 15:45h. EST-USA: Compulsory Patent Licenses in the Context of the COVID 19 Pandemic
  • 16:00h. – 17:30h. EST-USA: The new music industry
  • 16:00h. – 17:30h. EST-USA: The new vision for law firm management, what’s next?
  • 17:45h. – 18:30h. EST-USA: Non-Fungible Token’s – The New Crypto Storm
  • 18:30h. – 18:30h. EST-USA: DJ Closing

CorralRosales Will participate as a golden sponsor, register and don´t miss it! You can do so by clicking here.

World Trademark Review – Contradictory criteria for the examination of trademarks in similar cases in the Andean Community

World Trademark Review - Contradictory Criteria for the Examination of Trademarks in Similar Cases in the Andean Community - CorralRosales - Lawyer Ecuador

DETAILS

DATE: 11-05-2021

CORRALROSALES IN THE NEWS:

Katherine González

Our associate Katherine González, specialist in Intellectual Property, has published a new article in  World Trademark Review on the contradictory criteria for the examination of trademarks in similar cases in the Andean Community.

In the words of our expert, “It’s the principles of primacy and direct effect on the obligation of member states to optimize the specialized legal system to ensure strict and uniform compliance with Andean community regulations. At the same time, the principle of autonomy empowers the competent offices to issue resolutions without affecting the decisions adopted by other member countries or their own; however, the decisions must be issued in strict adherence to what is established in the regulations and jurisprudence that governs the trademark area at the community level”.

Taking this context into account, the decisions issued by the IP offices of Ecuador, Colombia and Peru should be analyzed, since the criteria given are contradictory for the registrability of the same trademark intended to cover identical products.

Our associate also states in this publication that “In the case of Ecuador, Resolution No. 0004531, the National Industrial Property Directorate of the National Intellectual Rights Service (SENADI), determined that the same trademark, which protected class 5 products, did not meet the requirements for registration, since it was included in one of the grounds for refusal of registration provided for in the Andean Community regulations; that is, the trademark made direct reference to the products it intended to identify”.

SENADI, however, ignored the mixed nature of the trademark and only established that the trademark applied for “was not distinctive because it was a generic and descriptive term, and commonly used.”

If you want to see the article (under registration), click here