“Análisis comparativo Ecuador-Argentina sobre la eficiencia del derecho penal en la protección de la propiedad intelectual: propuesta de reforma al artículo 208A del COIP”

Abstract

This study examines the criminal protection of intellectual property in Ecuador, specifically through Article 208A of the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym). It draws a comparison with Argentine legislation to identify shortcomings in Ecuadorian regulations, such as a lack of precision in key concepts and difficulties in prosecuting these offenses criminally. Using a comparative analysis, the research examines Argentina's legal framework, its sanctions, and complementary approaches. It enabled the development of a proposed reform for Article 208A of the COIP, primarily focused on clarifying the concept of “commercial scale," strengthening the proportionality of penalties, and enhancing criminal prosecution through specialized mechanisms. The study concludes that this reform would enable a more effective and equitable application of the law, distinguishing between occasional infringers and organized criminal structures. Moreover, it emphasizes the importance of enhancing the training of justice operators and fostering international cooperation. The main contribution of this study is to offer a concrete proposal to optimize Ecuadorian intellectual property regulation, fostering a balance between intellectual property protection and legal certainty