Ecuador updates

Competition & Antitrust

Competition authority introduces fast-track merger procedure
  • Ecuador
  • 25 June 2020

The Superintendency for Market Power Control (SCPM) recently published a resolution which established a fast-track merger control procedure and introduced the so-called 'failing firm' defence. The new procedure has been long overdue and is a welcome development, especially as it makes Ecuador an advantageous M&A venue and will save time and money for the SCPM and undertakings that meet the application requirements.

Intellectual Property

Protecting patent rights in Ecuador
  • Ecuador
  • 24 August 2020

The most relevant patent infringement cases in the Ecuadorian pharmaceutical sector are the result of the health and public procurement authorities allowing third parties to market and obtain registries of pharmaceutical products protected by patents without the rights holder's authorisation. However, in a landmark case, the national entity that grants patents penalised the improper and unauthorised use of a pharmaceutical patent using an administrative tutelage process.

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