CorralRosales among the five most popular firms in Ecuador employed by International Legal Management Offices

CorralRosales among the five most popular firms in Ecuador employed by International Legal Management Offices

DETAILS

DATE: 07-04-2021

MEDIA: Latin Lawyer

The prestigious Latin Lawyer media has published its latest report entitled: “Who Represents Latin America’s Biggest Companies?”. CorralRosales stands out among the five most popular firms in Ecuador employed by legal management offices in the last year.

In recent months, and because of the COVID-19 pandemic, law firms have had to adapt to a new and complex situation. They have seen their customer relationships and expectations change. During 2020, external lawyers have been an important help for the companies’ legal services. CorralRosales has undoubtedly adapted to the “new normal” and Latin Lawyer acknowledges this in its recent yearly report.

Our firm, CorralRosales, appears among the most popular Ecuadorian firms along with other large law offices. For this report, an investigation is carried out by LACCA (Latin America Corporate Counsel Association), based on the 100 firms with the highest income in the region. The initial sorting order considers income for the last full year, headquarters and their subsidiaries as a whole, news and articles on agreements and cases related to these firms.

CorralRosales is proud to appear in this renowned Latin Lawyer report. We thank all those who have made it possible for our firm to continue growing. We will keep working hard to provide our customers with the best service.

Thanks again. Congratulations team!

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

Ecuador´s Preliminary draft of the Data Protection Law – IAPP

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DETAILS

DATE: 18-03-2021

CORRALROSALES IN THE NEWS:

-Rafael Serrano

MEDIA: IAPP

For the first time in history, Ecuador will have a Data Protection Law that will follow the European normative standard. Our associate Rafael Serrano, a collaborator for the IAPP blog, writes about it.

Despite never having had a specific law, data protection in Ecuador is restricted and limited by the various laws that include this particular legislation, such as the Telecommunications Law, the Electronic Commerce Law, the Criminal Law, and the Financial and monetary law.

After two significant circumstances in the country, the government determined it essential for the country to have its own law.  It would protect Ecuadorian citizens’ data, allowing the authorities to take action if it was not complied with. One of the revealing events was a data breach that affected practically the entire population. The other one corresponds to the evolution of the Data Protection Law in other countries. This limits Ecuador when it comes to transferring data internationally.

The current bill, which is currently being debated in Congress, contains 76 articles and 12 chapters focused on the following aspects:

Extraterritorial scope

Processors and controllers who offer services and goods to Ecuadorian residents but as long as they are located outside of our country.

Data protection principles

As published by Serrano, “the bill recognizes many of the data protection principles accepted throughout the world, such as limitation of purpose, transparency, confidentiality, limited retention, responsibility and accuracy of data, guidelines established and obligations for data processors and controllers.”

Lawful basis for the processing of personal data

With this draft Law, there will be contractual and pre-contractual obligations, the protection of vital interests, the processing of data from public databases, and the exercise of tasks carried out in the public interest or exercise of public powers.

New data subjects rights

The law will include the right to information, access, rectification, deletion, cancellation, the right to object, not be subject to a decision based on automatic processing, portability, and the right to be forgotten. Some exceptions will also be recognized.

Special categories of data

It will be necessary to give explicit consent to process data that is categorized as special. That is sensitive data, those related to health, financial, and minors’ data.

Security measures

Processors and controllers must implement various security measures and adopt technical measures that will depend on the volume and type of the data processed.

DPO

There must be a data protection officer as the data controller. All authorities must have a DPO; the rest of the companies will depend on the purpose, scope, and data they process.

International data transfer

The transfer of data to other countries and territories will be allowed, provided that their security is guaranteed.

DPA

“The bill creates the Data Protection Superintendency as the new DPA. The Superintendency is an autonomous institution. The Superintendent will be appointed following the procedure established in the Constitution”, indicates Serrano.

Sanctions and liabilities

The new Law, according to its project, will establish infractions if what is indicated in it is not fulfilled. “The data processor and controller can be penalized between 3% and 17% of their annual income from the previous year,” he concludes.

If you want to see the article, click here.

Legal analysis of how to do business in Ecuador

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DETAILS

DATE: 23-02-2021

CORRALROSALES IN THE NEWS:

-Andrea Moya

-Rafael Serrano

-Marta Villagómez

MEDIA: Idealex

“ExpoMembers,” the virtual fair organized by the Ecuadorian-German Chamber of Industries and Commerce (AHK), took place in February. Some of our lawyers have been able to participate in the event, and Idealex has echoed the news.

Andrea Moya- partner of the firm and specialist in International Tax Law, Rafael Serrano- senior associate and director of the Data Protection area, and Marta Villagómez- an associate specialist in the Labor Law area, spoke from different perspectives of Law at the opening of the event on “How to do business in Ecuador? A legal analysis from the corporate, labor, tax and customs perspective.”

Each of the lawyers presented their point of view from the area of ​​specialization that they lead. So, Rafael Serrano stated that “the main benefits of investing are the low inflation rate concerning the US dollar; and a good transport infrastructure, which facilitates the mobility of goods and services. There is also a network of commercial and double taxation agreements ”.

He also added the legal regime in Ecuador as another of the main advantages due to laws that “facilitate, promote, and protect investment.”

From another angle and referring to the corporate area, he added that there is a company law that admits that foreign investment does not need express authorization from the control body and the appearance of Simplified Corporations.

Marta Villagómez analyzed some novelties related to the implementation of new employment contracts that are less rigid than the permanent one, such as that of entrepreneurs, work or service, and productive sectors. With these, it will be possible to “establish deadlines, analyze conditions” and thus “use the one that suits the needs of each company.”

She affirmed that companies must grant job stability to their employees and comply with the minimum wage and the corresponding working hours.

Finally, Villagómez included that there must be a mutual agreement between both signing parties; wait for the expiration term or notify the worker 15 days in advance; the Ministry of Labor must authorize it, and the employee has to be compensated after dismissal to finalize a labor contract ”.

Andrea Moya explained that companies are subject to three taxes: “income, which is equivalent to 25 to 28% of the investment; added value, which corresponds to 12%; and exit of currencies, which is 5% of the total amount”.

However, and in conclusion, there are some incentives that help those who want to invest in Ecuador, such as the general incentive, by economic sector, by tourist area, by ZEDE (Special Economic Development Zone), and by APP (Public Associations- Private and Foreign Investment).

If you want to see the article, click here.

World Trademark Review – Stricter requirements for proving use of a trademark through invoices

world-trademark-review-los-requisitos-mas-estrictos-para-probar-el-uso-de-una-marca-comercial-mediante-facturas-abogados-ecuador

DETAILS

DATE: 21-01-2021

CORRALROSALES IN THE NEWS:

-Katherine González

Our associate Katherine González is publishing an article in the specialized media World Trademark Review in which she explains the new criterion of the SENADI (National Services for Intellectual Rights of Ecuador) regarding proving the use of a registered trademark through invoices.

The article begins by detailing some aspects of Decision 486 of the Andean Community, which establishes that a trademark may be canceled if it has not been used during the last three years by its owner or by an authorized third party or a licensee in any country of the Andean Community (Ecuador – Colombia – Peru – Bolivia), for the products or services for which it was granted.

González indicates that SENADI, when examining the evidence filed as a defense in this type of actions, usually had valued the invoices as evidence of use, provided that the final recipient was in one of the countries of the Andean Community, regardless of the country of origin of the invoice. However, this criterion has been modified.

Recently, SENADI has stated that additional evidence will be required to demonstrate that the goods have been commercialized in the Andean market. In this regard, SENADI will consider “if the protected products or services were actually available in the Andean market in the form and quantities that correspond to the nature of the goods or services.”

González states that “the basis for this decision is that, although an invoice indicates that a good or service has been commercialized, it does not confirm that the goods have entered the Ecuadorian market. Therefore, any invoice issued in a country that is not part of the Andean Community must be accompanied by proof that the good entered the country and, in some cases, even that it is offered in the local market. “

Our associate also reminds us of the high levels of formalities of the documents required when filed as a defense in cancellation proceedings.

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

Derechos Intelectuales Vol. 25 – Theoretical approach to the patent and compulsory licensing regime in Ecuador

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DETAILS

DATE: 23-12-2020

CORRALROSALES IN THE NEWS:

-Katherine González

MEDIA: ASIPI

Katherine González, CorralRosales’s associate, wrote for the book “Intellectual Rights Volume 25”, published by the Inter-American Association of Intellectual Property (ASIPI). She wrote a complete chapter on the theoretical approach to the regime of patents and compulsory licenses in Ecuador; the chapter has three main sections, each one explained in depth: intellectual property, patents, and compulsory patent licenses.

ASIPI gives González the opportunity to explain the subject of invention patents and compulsory licenses in a direct and straightforward way. Her main objective is to help as many people as possible understand this topic and be able to access, in this way, a more in-depth technical and specific knowledge in this area.

Gonzalez does her analysis using national and international instruments that govern the matter, which allows her to compare them directly, “seeking a comprehensive interpretation.”

Without losing sight of the pandemic caused by COVID-19, which has changed the plans for 2020, our associate wanted to dedicate the last section of her chapter to compulsory licenses on medicines within the said pandemic framework.

In conclusion, González explains that the Intellectual Property area has usually been divided into two main branches: ‘Copyright and “Industrial Property”. Copyright protects literary, artistic or scientific creations, which are original and can be reproduced or disclosed by any form or medium known or to be known. This branch includes neighboring rights, referring to the rights of third parties related to the author, such as interpreters, producers of phonograms, and radio broadcasters. On the other hand, we find ‘Industrial Property’, which includes trademarks, industrial designs, geographical indications, and patents. “

If you want to read the full chapter of the publication Intellectual Rights Volume 25 (under registration), click here.

El Comercio – Hemp seeds are approved in Imbabura and Pichincha

el-comercio-en-imbabura-y-pichincha-se-aprueban-semillas-de-canamo-abogados-ecuador-thc

DETAILS

DATE: 16-12-2020

CORRALROSALES IN THE NEWS:

-Felipe Samaniego

MEDIA: El Comercio

Felipe Samaniego, partner at CorralRosales and leader of the Ecuadorian Association of Cannabis Industries, has participated in an article published by the digital medium El Comercio. It reports on the approval of hemp seeds in the Ecuadorian provinces of  Imbabura and Pichincha.

A cultivation of 140 cannabis plants is part of the first valuation analysis carried out by the National Institute of Agricultural Research (Iniap). It is estimated that in the summer of 2021 the research carried out will already offer results on the legal development of hemp in Ecuador, with a view to its production.

The cannabis, soon, will be harvested and will go to the next phase: drying in the dark, according to Jorge Merino, a researcher from the Santa Catalina Experimental Station. After this process, the cannabis will be analyzed in a laboratory with a mass chromatograph to separate the components and thus be able to quantify them.

The tests, as indicated in the article, will be carried out in different areas: two in Imbabura and one in Sangolquí.

Scientists observe the progress of the tests carried out, as does Felipe Samaniego, who explains to El Comercio that “fabrics, chocolates, cosmetics and more products are made from hemp. It is estimated that in 2022 the local industry will manufacture products and export them”.

The cost of the licenses to develop this industry was approved and it is now the Ministry of Agriculture (MAG) that implements the procedures.

If you want to read the full article, click here

Idealex – Teleworking and Information Security

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DETAILS

DATE: 24-11-2020

CORRALROSALES IN THE NEWS:

-Rafael Serrano

MEDIA: Idealex

Our associate Rafael Serrano has written an article in the Idealex about ‘Teleworking and Information Security’ due to the large increase in people changing their way of work because of the pandemic. In his article, Serrano analyzes “the risks of telework related to one of the main assets of companies -information- and to provide efficient technical and legal tools to mitigate these risks”.

As detailed in the article, it is more difficult for an employer to know how the company’s information is handled by staff teleworking since he is not in the same place as his employees. Thus, he must pay greater attention to the protection of the information and labor tools provided. To do this, the employer must take appropriate security measures for this new situation.

“In this sense, information security must comply with three essential parameters: integrity, confidentiality and availability. Integrity implies that the information is correct, and has not been deleted or modified without the authorization of the owner. Confidentiality refers to the fact that the information can only be accessed by people who are authorized to access it. Lastly, availability means that information can be accessed when needed. ”Says Serrano.

Employers must take legal and technical measures to protect the information from any danger that may arise based on the three parameters described above.

The technical measures include the use of programs, systems, or devices aimed to preserve the information. The legal measures include the use of “the different instruments to have a complete information protection policy” by employers.

It is important to preserve the value of the company’s information.

If you want to read the full article, click here

Criterios Digital – The registration of a color as a trademark

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DETAILS

DATE: 29-10-2020

CORRALROSALES IN THE NEWS:

-Katherine González

Katherine González, one of our associates whose field of specialty is Intellectual Property, has written an article for the medium “Criterios Digital”. In her article, she analyzes the possibility of registering a color as a trademark in the Andean Community.

Her article begins by offering a brief description of what a brand is to guide the reader on what to read next: “A brand is any sign capable of graphic representation, which can distinguish a product or service in the market.

“It also informs that “the Andean community norm provides for the possibility of registering as a trademark a color delimited by a shape, or a combination of colors. Thus, it is possible to register a trademark made up of only one color as long as it is included in some line, shape, or silhouette. Though the trademark shouldn’t fall in any of the grounds of irregularity provided for in the Law.”

As reported by the Andean Community Court of Justice, the use of color must be arbitrary so that, in this way, the business origin can be identified through it.

In the article, González clarifies that if the color is not delimited in any way, it can not be registered since a single person cannot be allowed to own a color as such; this would give a person “an inordinate competitive advantage” and “would significantly affect the access of third parties to the market.”

Later in her article, our associate points out that when examining the registration of a trademark made up of a color, the Intellectual Property Office must take the following things into account: the applicable legal elements, the real context of the market in which the trademark, once registered, will begin to work, and “the principle of primacy of reality”.

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

Lexology Getting The Deal Through – Tax Controversy 2021

lexology-getting-the-deal-through-controversia-fiscal-2021_abogados_ecuador

DETAILS

DATE: 17-11-2020

CORRALROSALES IN THE NEWS:

-Andrea Moya

-Francisco Rosales

Lexology Getting The Deal Through (GTDT) published the eighth edition of Tax Controversy and Andrea Moya and Francisco Rosales, partners of CorralRosales, prepared the Ecuadorian chapter.

In the chapter, they answer essential questions related to tax law in Ecuador, especially the different mechanisms taxpayers have to challenge administrative acts issued by the Tax Authorities such as tax assessments or tax settlements. Additionally, they respond to questions about the legislation, the way it is organized and how to ensure compliance with tax laws and regulations, among other aspects.

Andrea with more than 10 years of experience, and Francisco with 40 years of trajectory, offer a precise point of view on the status of tax-related issues in Ecuador.

“There are two typical procedures that the tax authority applies to review a tax return: a difference notice and a tax assessment procedure.

The difference notice is a fast-track assessment procedure by which the tax authority notifies the taxpayer of any differences found in the tax return compared with information available to the tax authority and gathered from third parties […].

The tax assessment procedure is initiated with a formal notice issued by the tax authority by which it requires information from the taxpayer and from third parties and issues a draft of the tax assessment. Likewise, the taxpayer may either pay the amount established by the authority or provide sufficient evidence to challenge the differences noted by the tax authority within 20 working days. If the tax is not paid or if the tax authority considers that the differences have not been duly justified it will issue a formal tax assessment.” indicated our partners for the publication of GTDT.

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

World Trademark Review – The fact that two marks cover different classes is not a determining criterion when examining the risk of confusion

trademarks-confusion-world-trademark-review-katherine-gonzalez-lawyers-ecuador

DETAILS

DATE: 30-09-2020

CORRALROSALES IN THE NEWS:

-Katherine González

Our associate Katherine González publishes an article in the specialized media World Trademark Review in which she comments on SENADI’s decision to reject Discovery’s opposition against the registration of the trademark DOKI MAS LOGOTIPO, based on its previous trademark DOKI. On appeal, the Intellectual Property Office ruled that the fact that two trademarks belong to different classes does not necessarily imply that there is no confusion between them and that there was a direct relationship between their goods and services.

In the text, González explains that, initially, SENADI granted the registration of the DOKI MAS LOGOTIPO brand for class 44 services; SENADI considered that there was no risk of confusion with the DOKI registered trademark, since the latter belonged to a different class. In the appeal to this registration, the Intellectual Property Office accepted the opponent’s arguments and established that the fact that two trademarks that belong to different classes is not a determining criterion to assess the risk of confusion between them.

“In the first instance, SENADI rejected the opposition and granted the registration because there was no risk of confusion or association for consumers. Despite the fact that the trademarks shared an identical word element, they covered products / services of different classes. Discovery appealed this decision presenting a clear and detailed list of the products and services in question and arguing that, despite the difference in classes, the trademarks were intended to protect the products and services that were directly related and complementary “, details our associate.

“The decision confirms the importance of carrying out a detailed and specific analysis in each case, in the event of possible trademark litigation,” adds González, who believes that this decision is very important due to the large number of products offered for sale online.

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

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