Análisis de la competencia desleal en contra de marcas registradas

Abstract

This research aims at analyzing the legal implications of persons who arbitrarily use trademarks in the name of third parties committing unfair trading, taking into consideration the current regulations in the Ecuadorian legal system, as well as in international treaties, the regulation, and criminal control of unfair competition in trademarks in Ecuador, understanding this problem as the set of acts contrary to honest practices since this phenomenon has taken great force in the Ecuadorian legal reality triggering the need to regulate and criminally control this problem. The analysis is conducted methodologically applying an inductive-deductive approach of qualitative character, with a documentary bibliographic methodology. The results point to the verification of the study question, determining the lack of regulation, criminal and civil control of unfair competition in the field of trademarks in Ecuador since there is a normative insufficiency on the subject as the Ecuadorian legislation leaves a huge legal vacuum that generates impunity, violating the economic rights of society and the market, generating the need to provide an effective legal treatment for the problem.