The price of a barrel of crude oil continues above USD 100 – Teleamazonas

Rafael Serrano, asociado senior de CorralRosales, entrevistado por una periodista de Teleamazonas para hablar sobre el precio del barril de crudo en Ecuador - Vídeo subido a YouTube

DETALLES

DATE: 12-04-2022

CORRALROSALES IN THE NEWS:

-Rafael Serrano

MEDIA:

Teleamazonas

In Ecuador, the increase in the price of oil leads to the fact that the income of resources to the Ecuadorian State remains in positive terms. The media Teleamazonas asks about this to our senior associate, Rafael Serrano, an expert lawyer in Energy issues, who considers that the trend of the international oil price will be maintained. Therefore, he believes it is important to consider other costs.

According to the Minister of Energy, Juan Carlos Bermeo, this does not mean that everything is income for the country, “because the increase in the price of oil means, in parallel, the increase in the price of fuels and what is required to import fuels, whether gasoline or diesel, is a greater amount of resources”.

Rafael Serrano, when asked about this matter, answers that “this for the country, obviously, will generate greater benefits, greater income, because a lower value was budgeted, but we also have to consider the increase in production costs in many areas: transportation costs, among others, which will make certain products more expensive”.

As a consequence of the above, the Government plans, among its future projects, a process of delegation to the private sector of the Esmeraldas Refinery. This is aimed at reducing the amount of waste and producing Euro 5 grade fuels. For this, the opinion of our expert is based on the fact that “seeking the help of the private sector through public-private alliances” is, in his opinion, “a very good mechanism to develop the Esmeraldas Refinery and to see alternatives that can be developed within the country to produce these derivatives here in Ecuador and thus make them cheaper”.

A greater use of associated gas is also expected for its use in electricity generation and industry, “cleaner and at a much lower cost”, adds the Minister.

If you want to see the full video, click here.

Controversial SENADI proceedings highlight need to fight corruption within the authority

Bandera de Ecuador ondeando como foto principal del artículo publicado por la asociada de CorralRosales Katherine González en el medio online WTR

DETALLES

DATE: 24-02-2022

CORRALROSALES IN THE NEWS:

-Katherine González

MEDIA:

WTR

The National Intellectual Rights Service (SENADI hereinafter) in Ecuador is in the news for the questionable decision made when registering a trademark. Our associate Katherine González has written about this specific case for WTR, an article that we summarize below.

 On 10 June 2020, Quirovara Tax Company SA applied for the mark DON BENJA (and logo) in Class 31, specifically “bananas and Musaceae.” On the other hand, Arbelaez Valencia Hermanos Coffee Roaster Mejía SA filed an Andean opposition based on the trademark DON BENJA, which covers the following goods of Class 31: “agricultural, horticultural, forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; natural plant and flower seeds; animal feed; malt.”

 In November, SENADI began its unusual registrability study: rejected the Andean opposition, and granted, to everyone’s surprise, the registration of DON BENJA trademark for class 31, in favor of Quirovara company. In its resolution, SENADI:

  • Accepted that the marks were similar;
  • Accepted that the marks protected the same goods;
  • Acting ex officio, and against the applicable Andean law, reviewed a webpage and used this information to determine the main economic activity of the opponent, ignoring the goods listed in the registration certificate that was the basis of the opposition; and
  • Accused the opponent of trying to arbitrarily extend the protection of its trademark in relation to its commercial activity, again ignoring the basis of the opposition and the protection granted by the trademark.

Regarding the registrability of trademarks, Article 136 of Decision 486 of the Andean Community establishes as follows:

“Those signs whose use in commerce unduly affects a third party’s right may not be registered as trademarks, in particular where:

  • They are identical or similar to a trademark previously applied for registration or registered by a third party, for the same products or services, or for products or services in respect of which the use of the trademark may cause a risk of confusion or association (…)

SENADI´s resolution

On 8 December 2021, SENADI issued a resolution stating that an adequate trademark comparison had not been carried out, and requested the highest administrative Authority, through an ex officio review procedure, to decide whether the applied-for mark should be granted. This request implies that the parties were denied appeal rights, as the appeal authority would already have issued a decision.” Katherine states.

Seven days later, SENADI annulled the office action as being “inadmissible”. It found that it contravened Article 76 of the Constitution. The next day, on December 16, 2021, through Resolution No SENADI-2021-RS-14973accepted the voluntary cancellation of the trademark DON BENJA by Quirovara. The cancellation request had been filed only the day before

This situation is surprising, since, as mentioned by our associate, “Usually, the voluntary cancellation process takes between six and 12 months; however, in this case, this request was submitted and accepted within 24 hours.” She also adds that “It is noteworthy that the agent who filed the mark in dispute was the SENADI director deciding on the matter, who immediately resigned after the resolution became public.”

Conclusion

For González, this case highlights the urgent need for SENADI to:

  • Train its officials so that all actions are carried out in accordance with national and Andean regulations;
  • Strictly apply the legal norm requiring the processing of cases in a chronological order; and
  • Fight strongly against corruption.

“If these recommendations are applied, it is expected that the negative impact on users will decrease considerably, the quality of SENADI’s decisions will improve, and its reputation will recover”, she concludes.

If you want to read the complete news (under registration), click here

Investments in Ecuador: implications of Law of Economic Development and Fiscal Sustainability

Inversiones en Ecuador - Implicaciones de la Ley de Desarrollo Económico y Sostenibilidad Fiscal - CorralRosales

DETALLES

DATE: 07-02-2022

CORRALROSALES IN THE NEWS:

-Andrea Moya

MEDIA:

LexLatin

The new article published by LexLatin, where you can read the interview to Andrea Moya, our partner and leader of the tax area of the firm, discusses investments in Ecuador: implications of the Law of Economic Development and Fiscal Sustainability.

Objective of the Law of Economic Development and Fiscal Sustainability

Moya explains that the main objective of this Law, which is the only project of the Lasso administration that is in force, is to provide the State with additional resources with which to reduce the fiscal deficit and organize public finances. She adds that “temporary wealth taxes were established, a tax regime was created to regularize assets abroad, the income tax that will affect the highest income earners was increased (…) and certain elements of the same tax were simplified. These elements include the elimination of tax incentives for investments in basic industries, prioritized sectors and public-private alliances that had been created in previous years”.

What are the main challenges of the Law of Economic Development and Fiscal Sustainability, considering that we still have to deal with the pandemic?

Our partner answers this question by placing special emphasis on the fact that “it is important to distinguish the medium- and long-term objectives proposed by the Law, such as the organization of public finances in the face of current issues such as the pandemic”. To this she adds that the reduction of the fiscal deficit, ”is expected to boost the economy with the creation of quality employment, which is the greatest need of Ecuador”.

What are the main regulatory changes in customs and foreign trade that are implemented with this Law?

For Moya, the key is the exclusion of the value of freight for the calculation of customs duties. This was done to reduce its impact on the cost of imported goods and to curb the effect of the significant increase in freight rates in the world market. In addition, this Law, “includes reforms to reduce the time of administrative processes in charge of the Customs Authority, implement technological systems for customs control and the implementation of advance consultations to provide security to the importer on the treatment that will be given to the goods.

In this same area, the Government is negotiating several trade agreements with the objective of facilitating access to international markets for exports.

If you want to read the full article, click here

Industrial property and copyright in Ibero-America: trends for the third decade of the 21st century

Industrial property and copyright in Ibero-America: trends for the third decade of the 21st century - CorralRosales - Lawyers Ecuador

DETAILS

DATE: 20-12-2021

CORRALROSALES IN THE NEWS:

-Eduardo Ríos

-Miguel Maigualema

MEDIA:

– ASIPI

– AEPI

– Universidad del Rosario

– Colegio de Abogados Rosaristas

– Universidad Hemisferios

– Tribunal de Justicia de la Comunidad Andina

– UIDE

CorralRosales Associates and specialists in Intellectual Property Eduardo Ríos and Miguel Maigualema participated in the writing of “Industrial Property and Copyright in Ibero-America”, which has been published by the Hemisferios University, Andean Community Court of Justice, International University of Ecuador, Rosario Bar Association, Rosario University, Ecuadorian Intellectual Property Association (AEPI) and ASIPI.

They wrote a complete chapter on “Legal Responses to Intellectual Property Rights Infringements in Ecuador”. Throughout the chapter, Ríos and Maigualema make a short introduction and then write, in detail, on the following topics:

  1. The existence of the Law
  2. The infringement action in the Andean Community
  3. Types of measures to face the improper use of Trademark Rights
  4. Amicable approach on Intellectual Property matters
  5. Mediation, as a dispute resolution mechanism in Intellectual Property matters
  6. Administrative action for violation of Intellectual Property Rights
  7. Civil actions for infringement of Intellectual Property Rights
  8. Criminal classification in the field of Intellectual Property
  9. Conclusion

Our experts want to take this opportunity to explain simply and directly the elements and circumstances that a holder of Intellectual Property Rights and their advisers must know and consider to face their improper use. Thus, they will be able to determine the actions to be followed and that the Law allows “identifying the conditions of the offenders”, as indicated in their introduction.

If you want to read the complete chapter, click here.

LexLatin – HIG Capital Becomes a Majority Shareholder in Ransa, from Grupo Romero

LexLatin - HIG Capital Becomes a Majority Shareholder in Ransa, from Grupo Romero - CorralRosales - Lawyers Ecuador

DETAILS

CorralRosales represented HIG Capital, an American alternative investment company, to become a majority shareholder in Ransa, a company dedicated to logistics services with a large presence in the Andean region and Central America.

The following CarralRosales’s Lawyers took part in the purchase and sale process during “Operation 1”: Partners Xavier Rosales and Andrea Moya, along with associates Milton Carrera, Ana Samudio, Rafael Serrano, Ramón Paz and Miño, Marta Villagómez, María Isabel Torres, Darío Escobar, Sofía Rosales and Edgar Bustamante.

According to the LexLatin medium, “the terms of the negotiation, signed on September 21 and closed on October 29, were not disclosed.” Grupo Romero, owner of Ransa, “will remain a strategic partner of the company.”

“The acquired companies are: Inversiones Logicorp, Ransa Comercial, Agencias Ransa and Almacenera del Perú (Perú); Ransa Operador Logístico Bolivia (Ransabol – Bolivia) and Logistics Operators of Central America (OLCA – Panama)”, according to Ingrid Rojas, a LexLatin journalist.

If you want to read the complete news, click here.

Latin Lawyer – IBM´s US$60 billion global spinoff calls on Latin American firms

Latin Lawyer - IBM´s US$60 billion global spinoff calls on Latin American firms - CorralRosales - Lawyers Ecuador

DETAILS

DATE: 18-10-2021

CORRALROSALES IN THE NEWS:

Andrea Moya

Edmundo Ramos

Xavier Rosales

Darío Escobar

Edgar Bustamante

Marta Villagómez

Milton Carrera

Ramón Paz y Miño

Sofía Rosales

MEDIA: Latin Lawyer

Multinational technology company IBM has hired CorralRosales, along with other Latin American firms, to carve-out Kyndryl. It does so by establishing the managed infrastructure services unit as an independent business.

This carve-out, in which our team of experts has been working on and which has a global value of US$60 billion, was signed on September 1. The aim is for Kyndryl to become an independent company headquartered in New York by the end of 2022. 

On behalf of CorralRosales, the advisors in the transaction are partners Xavier Rosales, Edmundo Ramos, Andrea Moya; and associates Milton Carrera, Marta Villagómez, Sofía Rosales and Darío Escobar in Quito; and associates Ramón Paz y Miño and Edgar Bustamante in Guayaquil.

According to Latin Lawyer, “IBM’s Shareholders will receive at least 80.1% of Kyndryl’s common stock once the spinoff is complete, with IBM retaining the remaining stake. (…) While IBM and Kyndryl will be independent entities, at launch they will both be each other’s biggest clients and remain as strategic partners”.

If you want to read more (under registration), click here

LexLatin – Acquisitions in Ecuador: the most important operations so far this year

LexLatin - Acquisitions in Ecuador: the most important operations so far this year - CorralRosales - Lawyers Ecuador

DETAILS

DATE: 29-09-2021

CORRALROSALES IN THE NEWS:

Xavier Rosales

Andrea Moya

MEDIA: LexLatin

Ágora, a tool that systematizes and orders data on acquisitions, outputs, and financing in Latin America, published the number of operations completed during January and August of this same year: 14, which translates into 3,836 million dollars, an amount that is 3,348 million dollars more than the accumulated during the same months of 2020.

Our partner, Xavier Rosales, participated in the most important operation in the first two quarters in Ecuador: the purchase of the Lumen business in Latin America by Stonepeak Partners. Countries such as the United States, Australia, Venezuela, Uruguay, Peru, Mexico, Costa Rica, Colombia, Argentina, Brazil, and Panama were also part of this operation.

“We have the pleasure of advising Lumen for several years,” said Rosales for the medium. He also emphasizes that CorralRosales “has participated in different operations related to change of ownership and business focus, adjusting to the needs of the business sector mainly served by Lumen”.

Without a doubt, working on this operation from Ecuador is a challenge since the transactions are subject to regulatory authorizations. Our partner points out that “the advantage is that the regulations applicable to these authorizations are clear, which allows adequate planning and predictability”, making it possible to obtain permits in the shortest possible time.

Andrea Moya, a partner at CorralRosales also participated in the transaction. She believes that “there are three key elements in the current Ecuadorian situation: the adverse effects generated by the pandemic on the liquidity of companies, which have forced many of them to seek foreign investors; the change of government, which meant a shift towards a favorable environment for investors, and last but not least, the success of the vaccination plan, which has allowed the reactivation of the economy”.

CorralRosales Operations

Our firm currently has 3 operations with $ 3,160,000,000 in total transactions.

Regarding the position in which CorralRosales finds itself, Moya explains that the number of clients has grown significantly. “We see it as a rebound from the pandemic and due to the need to adapt to a new reality. We also see it as an effect of the favorable environment that the new government has generated for business development”, he adds.

If you want to read more, click here

LexLatin – CorralRosales Participates in The Purchase of Lumen in Latin America by Stonepeak Partners

LexLatin - CorralRosales Participates in The Purchase of Lumen in Latin America by Stonepeak Partners - CorralRosales - Lawyers Ecuador

DETAILS

DATE: 26-08-2021

CORRALROSALES IN THE NEWS:

Xavier Rosales

Ana Samudio

Milton Carrera

MEDIA: LexLatin

In August, the US alternative investment company specialized in infrastructure, Stonepeak Partners, bought Lumen Technologies, a US fiber-optic provider and data operator.

The $ 2,700 million purchase was carried out with the participation of the AustralianSuper pension fund and with the help of CorralRosales in Ecuador. Our team of experts advised Level 3 Communications, Lumen’s Ecuadorian subsidiary, on Regulatory Law.

In addition to CorralRosales, the following firms also took part in the transaction:

  • Stonepeak Partners LP Advisors:
    • Simpson Thacher & Bartlett – United States (New York and Palo Alto)
    • Marval O’Farrell Mairal (Buenos Aires)
    • Gómez-Pinzón Abogados (Bogotá)
    • Consortium Legal – Costa Rica (San José de Costa Rica)
    • Rebaza, Alcázar & De las Casas Abogados (Lima)
    • Travieso Evans Arria Rengel & Paz (Caracas)
    • Creel, García-Cuéllar, Aiza y Enríquez, SC (Mexico City)
    • Pérez Bustamante & Ponce (Quito)
    • Mattos Filho, Veiga Filho, Marrey Jr. and Quiroga Advogados (São Paulo)
    • Barros & Errázuriz (Santiago de Chile)
    • Arias, Fábrega & Fábrega – ARIFA (Panama City
    • Guyer & Regules (Montevideo)
  • Advisors of Level 3 Communications, Inc .:
    • CorralRosales (Quito)
  • Advisors to AustralianSuper:
    • Skadden, Arps, Slate, Meagher & Flom – United States (Los Angeles, New York and Washington, DC)
  • Advisers to Lumen Technologies, Inc .:
    • Jones Walker LLP (New Orleans and Baton Rouge):

If you want to read more, click here

Teleamazonas – The Government promotes a new mining policy to attract more investment

Teleamazonas - The Government promotes a new mining policy to attract more investment - CorralRosales - Lawyers Ecuador

DETAILS

DATE: 24-08-2021

CORRALROSALES IN THE NEWS:

Rafael Serrano

MEDIA: Teleamazonas

Ecuador launched a new mining policy. From 2018 to 2020, this sector paid USD 1,300 million in taxes. So far, in 2021, it has paid USD 421 million, with a projection of up to USD 1,600 million. Teleamazonas invited our experienced senior associate Rafael Serrano, a specialist in Environmental Law, to discuss this new policy.

“A fundamental rule for the development of the sector demonstrates the will of the Government and that of the Ecuadorian State to promote this industry that, if administered correctly, can bring great benefits,” adds Serrano.

The National Government, through decree 151, ordered to issue “the Action Plan for the Mining Sector of Ecuador.” Article 2 adds that “the State will be the generator and coordinator of public policies that promote the development of the mining sector, national and foreign investment, and the increase in exports of mining products.” For experts in the topic, this is a big step within the mining sector.

Serrano adds that “the objective is the development of environmentally and socially responsible mining, which protects investment, both national and foreign.” And, to conclude, he adds that what is needed is “stability and clear rules of the game so that investors know where to invest. These are investments of hundreds of millions of dollars ”.

If you want to see the video of the news, click here

Teleamazonas – CNT suffered a “highly sophisticated” cyberattack

Teleamazonas - CNT suffered a "highly sophisticated" cyberattack - CorralRosales - Lawyers Ecuador

DETAILS

DATE: 16-08-2021

CORRALROSALES IN THE NEWS:

Rafael Serrano

MEDIA: Teleamazonas

In July, CNT (National Telecommunications Corporation) was the victim of a cyberattack, the intentions of which are still unknown. Nevertheless, the attack puts the cybersecurity policies that all companies and institutions must have under scrutiny, and the topic became a talking point in Ecuador.

Teleamazonas wanted to have the opinion of our senior associate, an expert in new technologies and information security, Rafael Serrano, to offer a vision of what changes should be made to avoid future attacks.

Serrano affirms that “CNT and all public institutions must begin to have cybersecurity policies” since no one is exempt from risk, and besides, there are ways to prevent it.

After the situation and the CNT having been declared in emergency, decisions will be made regarding the equipment, given that, according to Byron Zapata, CNT’s surrogate manager, there are resources available.

“The right thing to do is to have different systems that can secure and diversify the information,” says Serrano. He also adds that “in this way, if someone has an attack or finds a problem, they have a backup in other systems, and the entire State continues to function.”

To conclude the interview, Serrano affirms that “according to Ransomware, it is only an attack, an attempt. So, therefore, they can’t take the appropriate measures unless they identify what happened or what the attackers are asking for.”

All the information that has been violated is not yet known in detail.

If you want to see the video of the news, click here

1 2 3 7