Towards an Effective Border Measures Regime to Combat Illicit Trade in Ecuador

Abstract

Border measures are a mechanism for the enforcement of intellectual property rights that is aimed at customs suspension in the event of presumptions of infringement of the rights of the holders. The present study proposed practices to improve this system to strengthen the protection of intellectual rights and at the same time promote fair trade. Indeed, through mixed research methods, the regime was exhaustively analyzed to such an extent that the main shortcomings were identified. In this way, it was revealed that Ecuador, in 5 years, processed 11.7 times fewer cases of border measures than Peru in 3 years. In such a way that the study of this figure is imperative to overcome this alarming situation that breaks the system and gives way to phenomena such as counterfeiting and illicit trade.