Los derechos de la propiedad intelectual, conforme a las obtenciones vegetales, la vulnerabilidad y las garantías de los derechos según la Legislación Ecuatoriana. Año 2022.

Abstract

This research aims to analyze intellectual property rights, in accordance with plant varieties, the vulnerability and guarantees of rights under Ecuadorian legislation. A mixed approach was adopted, combining descriptive, exploratory, bibliographic, and comparative methods. The study identified that, although Ecuadorian legislation establishes a regulatory framework that governs the plant breeders' rights, there are areas that require greater clarity and technical precision to avoid divergent interpretations and ensure effective application of the law. Likewise, deficiencies were detected that could lead to violations of intellectual property rights, such as unauthorized reproduction of protected varieties and misuse of variety denominations. Through a comparative analysis with Peruvian legislation, similarities and differences in the regulatory treatment of plant breeders' rights were evident. Despite being member countries of the Andean Community, divergences were found in key aspects such as protection periods, competent authorities, and the scope of exceptions. Finally, the research establishes that it is necessary to strengthen the Ecuadorian regulatory framework, implement more effective control and monitoring mechanisms, simplify administrative procedures, and promote regional harmonization efforts in the field of plant breeders' rights. These measures would contribute to ensuring a more robust and effective protection of intellectual property rights in the field of plant varieties in Ecuador.