Reconocimiento y protección de las especialidades tradicionales garantizadas en el marco jurídico ecuatoriano

Abstract

The main objective of the research contained in this work was to assess the existing legislation in Ecuador on the subject of intellectual rights to protect Traditional Specialties, which in brief are food items resulting from traditional recipes created within the custom and cultural tradition of different geographical areas of Ecuador. Through research techniques such as observation, documentary review and the construction of the analytical information log, it was possible to compare the legal treatment of the legal figure that in practice is given to TSGs for their registration with the formal regulations that exist for these specialities typified in the Organic Code of the Social Economy of Knowledge, Creativity, and Innovation. Finally, the work argues about the non-sufficiency of the existing normative provisions of legal protection provided for TSGs in the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (COESCCI) and concludes that the legal regulations provided in this legal body be in a process of construction of the recognition and legal protection of the TSG in the Ecuadorian legal framework; hence, with the implementation of the Knowledge Management Regulation that regulated certain requirements of the direct application before the National Service of Intellectual Rights, for the registration process in said TSG applications.