In today’s digital and business environment, protecting a company’s intangible assets is just as important as safeguarding its physical assets. One of the most frequent risks faced by companies, entrepreneurs and content creators in Ecuador is the unauthorized use of their brand or original content. Whether it’s a logo, a trade name, a slogan, photographs, texts or social media posts, it’s all part of the owner’s intellectual property, and their misuse can lead to significant legal consequences.
In this article, we explain what can be done from a legal point of view when another person or company uses your trademark or content without authorization, and what measures are available in Ecuador to protect your rights.
What is considered unauthorized use?
Unauthorized use of a trademark or content occurs when a third party uses, without the owner’s permission, elements protected by intellectual property rights for commercial, advertising or even personal purposes. Some common examples include:
- Using a trademark on similar products or services, causing confusion among consumers.
- Reproduce images, texts, designs, or videos without the consent of the original author.
- Create fake profiles on social networks using trademarks or business identities.
- Selling counterfeit products that mimic another company’s brand or image.
- Copy web content (pages, blogs, product descriptions) and present it as your own.
This type of behavior not only infringes legal rights, but also damages the reputation, positioning and trust of consumers towards a brand.
What regulations protect intellectual property in Ecuador?
In Ecuador, the Organic Law on Intellectual Property and the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (Código Ingenios) are the main legal bodies that protect copyrights, trademarks, patents and other elements of intellectual property.
In addition, Ecuador is a party to international treaties such as the Paris Convention for the Protection of Industrial Property and the Berne Convention, which allows the owner of a trademark or affected content to take action even at the international level, if necessary.
What should I do if someone uses my trademark without authorization?
If you detect that another person or company is using your brand without your consent, here are the steps you can take:
1. Verification of the trademark registration
The first step is to make sure that your trademark is registered with the National Service of Intellectual Rights (SENADI). Although the continued use of a trademark may generate certain rights, registration provides more robust legal protection and facilitates judicial and administrative actions in the event of misuse.
2. Evidence collection
Gather screenshots, links, physical or digital materials that demonstrate the unauthorized use. This evidence will be essential if you decide to file a complaint.
3. Sending a warning letter or “cease and desist”
In many cases, a legal letter sent by a specialized attorney can resolve the conflict amicably. This document requests the immediate cessation of the misuse, warns of the legal consequences and gives a deadline to correct the conduct.
4. Filing a complaint with SENADI
If the offender persists, he or she can file a formal complaint with SENADI, which has the power to impose sanctions, order the removal of the infringing material, and issue precautionary measures such as blocking pages or accounts on social networks.
5. Legal action for unfair competition or infringement of rights
If the damage is serious, it can initiate civil proceedings to demand compensation for damages, or even request urgent measures such as the seizure of counterfeit products or the suspension of commercial activities.
What happens if someone copies my texts, photos or digital content?
In the case of copyrighted works, such as photographs, texts, graphic designs or audiovisual content, there are also clear legal avenues:
– Registration with SENADI (optional but recommended)
Although copyright is born with the creation of the work, registering it with SENADI offers additional proof of ownership and facilitates the defense in case of controversy.
– Extrajudicial measures
As with brands, you can start with a warning letter, or use reporting mechanisms on digital platforms (e.g., Facebook, Instagram, YouTube, or Google, which have forms to report infringing content).
– Judicial or administrative actions
You can go to SENADI or directly to the ordinary justice system to demand the cessation of the unauthorized use, as well as financial compensation for the damages caused.
What preventive measures can be taken?
To protect your brand or content from the start, it is advisable to:
- Register your trademark as soon as possible.
- Register copyrighted works, especially if they are an essential part of your business (manuals, photos, designs).
- Include intellectual property clauses in contracts with employees, designers, suppliers or external collaborators.
- Constantly monitor the use of your brand on the internet, social networks and marketplaces.
- Use digital monitoring tools such as Google Alerts or platforms specialized in brand surveillance.
How can a law firm help?
Having the support of a law firm specializing in intellectual property and business law is key to acting quickly, accurately and effectively. At Expert Lawyers, we offer:
- Legal diagnosis of cases of improper use of trademark or content.
- Assistance in proceedings before SENADI and courts.
- Drafting and sending warning letters.
- Advice for the registration and protection of trademarks and works.
- Representation in civil or criminal litigation for intellectual property infringement.
Conclusion
Unauthorized use of your brand or content should not be taken lightly. In addition to the economic damage, it can affect the image of your business and your relationship with customers and partners. Ecuadorian law offers effective tools to protect your rights, and acting in time can avoid further complications.
If you have detected a potential breach or wish to legally shield your intangible assets, contact us today. At Expert Lawyers we are ready to protect what you have built with effort and vision.
