Competition Buzz: The Convergence between Intellectual Property and Competition Law under Ecuadorian Legislation

By: Luis Marin Tobar

Despite the fact that competition law and intellectual property apparently have opposing interests, they are two closely related subjects. Intellectual property as an institution is founded upon retributing creation by the human intellect through various forms of protection of intellectual and industrial property. This retribution constitutes an incentive to promote creativity in all areas of intellect, particularly in innovation and development industries, where these creations can lead to inventions, the disclosure of which would benefit society as a whole. Intellectual creations can range from a photograph, to a design, to an invention, or a trademark, among many others. These creations, due to the contribution they can make to society and the value that they represent to their creator, receive protection from the institution of intellectual property…

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