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Artículos

Vol. 15 No. 17 (2016)

Invention's Code and the patent system: an innovative proposal or recipe to technological stagnation?

DOI
https://doi.org/10.18272/iu.v15i17.737
Submitted
September 13, 2016
Published
2017-02-01

Abstract

Currently Ecuador's Congress is working in a new intellectual property legal regime called Código Ingenios. Its main objective is the dissemination of knowledge, as it is considered a good of public interest. Código Ingenios is consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in most main aspects, including the patent law regime. Nevertheless, it incorporates material modifications to the patentable subject matter, the exclusions from patentability and the exceptions to IP rights that are not only conflicting with the TRIPS. Agreement, but also reduces incentives to innovation, potentially causing a technological stagnation and deterring investments in research and development.

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