Lawyer Monthly - June 2023

About Sebastián Meythaler Galarza Sebastián Meythaler is Head of the Intellectual Property Litigation Department and Deputy Head of the firm’s General Litigation Department. He specialises in advising transnational corporations, mainly pharmaceutical and agrochemical companies, regarding the defense of their patents, the protection of their test data, their competition rights and the counterfeiting and smuggling of their products. He has written several books on the protection of test data in the Andean Community of Nations, evidence in pharmaceutical patent litigation and patentability criteria in Ecuador. Sebastián Meythaler Galarza Head of IP Email: smeythaler@lmzabogados.com About Meythaler & Zambrano Meythaler & Zambrano is one of the most prestigious law firms in the Ecuadorian market. Founded in 1995, the firm specialises in national and international legal counseling and litigation for international and domestic corporations. The firm´s highly qualified team focuses on intellectual property, regulatory counsel, competition and antitrust, arbitration and mediation, corporate and commercial affairs, dispute resolution, taxes, public procurement and public law. Contact Meythaler & Zambrano Abogados Edf Josueth González, Av 6 de diciembre, y, Quito 170517, Ecuador Tel: +593 2-223-2720 meythalerzambranoabogados.com customs authority, there is a constant exchange of information that allows more agile work on the part of the customs authority. Can you tell us anything about IP law developments that you expect to see in the remainder of 2023 and beyond? It is unlikely that new regulations will be developed about intellectual property in Ecuador during the remainder of 2023. However, it is expected that IP OFFICE will continue to develop, based on the current regulations, a clearer and more concrete modus operandi about the filing and substantiation of administrative procedures aimed at preventing and sanctioning the infringement of IP rights. Although unlikely, Ecuador may finally implement a specific law related to medical devices in terms of the intellectual property rights derived from them. Ecuador is one of the few countries that have not legislated specifically on the subject. Finally, and due to the prejudicial interpretations of the Andean Court of Justice, it is possible that the national legislation will finally be governed by the supranational legislation, especially Decision 486, which indicates fewer inventions as unpatentable compared to the Código Ingenios. THOUGHT LEADER 83 It is unlikely that new regulations will be developed about intellectual property in Ecuador during the remainder of 2023.

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