The Government of the United States of America and the Government of Ecuador hereinafter referred to collectively as "Parties" and individual as "party" agree to provide adecuate and effective protection and effective protetion and enforcement of all intelectual property rights, While ensuring that measures to enforce intellectual property rights do not themselves become barriers to legitimate trade.

Article One

Each party shall provide in its territory treatment no less favorable to nationals of the other party than it provides to its own national with respect to laws, regulations and practices implementing the provisions of this Agreement

Article Two

1. To provide adequate and effective protection and enforcement of intellectual property rights, each party shall at minimum, observence the commitments below and give effect to the substantive economic provisions of:
   1. The Geneva Convention for the protection of Producers of Phonograms Against Unautorized duplications ao their phonograms, 1971 (Geneva Convention)
   2. The Berne Convention for the Protection of the Literary and Artistic Works (Paris, 1971) (Berne Convention); and
   3. The Paris Convention for the Protection of Industrial Property, 1967 (París Convention).
   4. If the Party has not acceded to the specified text of these conventions on or before the date of entry into force of this Agreement, it shall make every effort to accede.
2. A Party may implement in its domestic Law more extensive protection of intellectual property rights than is required by this Agreement, provide that such protection is not inconsisteent with this Agreement.
   

Article Three

1. Each Party shall protect the works covered by Article 2 of the Berne Convention, including any other works, now know or later developed, which embody original expression within the meaning of the Berne Convention. For Example:
   1. all types of computer programs are literary works within the meaning of the Berne Convention and protected as such; and,
   2. compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creation, shall be protected as such.

The protection a Party provides uder subparagraph (b) shall not extend to the data or material itself, or perjudice any copyright subsisting in that data or material.

All works, now know or later developed, regardless of their medium of fixation, shall enjoy protection under the copyright law, without prejudice to their protection under other intellectual or industrial property laws.

1. Each Party shall provide in respect of works protected under paragraph (1) of this article, the economic right of the authors and their successors in interest, as enumerated in the Berne Convention (1971), which shall include the following:
   1. the right to authorize or prohibit the importation into the territory of the Party of copies of the works;
   2. the right to prevent the importation into the territory of the Party of copies of the work made without the authorization of the right holder
   3. the right to authorize or prohibit the first public distribution of the original and each copy of a work by sale, rental, or through any other means of distribution to the public;
   4. in respect of computer programs, the right to authorize or prohibit the commercial rental of the original or copies of the copyrighted work. Putting the original or copies of such computer programs on the market with the consent of the right holder shall not exhaust the rental right. In respect of computer programs, this obligation does nt apply to rentals where the program itself is not an essential object of the rental; and,
   5. the right to authorize or prohibit the communication of a work to the public
2. Each Party shall provide that for copyright and related rights:
   1. any person acquiring or holding economic rights may freely and separatly transfer such rights by contract for purposes of their exploitation and enjoyment by the transferee; and
   2. any person acquiring or holding such economic rights by virtue of a contract, including contracts of employment underlying the creation of works and sound recordings, shall be able to exercise those rights in its own name and enjoy fully the benefits derived from those rights.

No Party may, as a condition of according protection under this articles, require right holder to comply with any formalities or conditions in order to acquire rights in respect of copyright and related rights.

1. Whenever the term of protection of work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than fifty years from the end of the calendar year of authorized publication, within fifty years from the making of the work, fifty years from the end of the calendar year of making.
2. Each Party shall confine limitations upon or exceptions to exclusive rights in respect of copyright and related rights to certain special cases wich do not conflict with a normal exploitation of the work or sound recording and do not unreasonably prejudice the legitimate interests of the right holder.
3. Translation and reproduction licenses permitted under the appendix to the Berne Convention (1971) shall not be granted where the legitimate local needs of a party could be met by voluntary actions of the right holders but for obstacles resulting from measures taken by that Party.
4. Each party shall provide to producers of sound recordings the following rights:
   1. to authorize or prohibit the direct or indirect reproduction of their sound recordings;
   2. to authorize or prohibit the importation into the territory of the Party of copies of the sound recording;
   3. to prevent the importation into the territory of the Party of copies of the sound recording made without the authorization of the right holder;
   4. the right to authorize or prohibit the first public distribution of the original and each copy of a sound recording; and
   5. to authorize or prohibit the commercial rental of the original or copies of the sound recording. Putting the original or copies of sound recording on the market with the consent of the right holder shall not exhaust the right.
5. The term of protection available under this Agreement to sound recording shall last at least until the end of a period of fifty years from the end of the calendar year in which the fixation was made.

Article Four

Protection of Encrypted Satellite Signals

Contents: two numerals

Article Five

Trademarks

1. Protectable subject matter
2. Rights Accorded
3. Acquisition of rights

Contents a.b.c.d numerals

Article 6 of the Paris Convention shall apply, with such modifications as are necessary, to services. In determining whether a trademark is well-know, account shall be taken of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Party's territory obtained as a result of the promotion of the trademark. No Party may require that the reputation of the trademark extend beyond the sector of the public that normally deals with relevant goods or services.

1. Terms of Protection

Initial registration of a trademark shall be for a term of at least 10 years. The registration of the trademark shall be indefinitely renewable for terms of no less than 10 years when conditions for renewal have been met. Nothing shall prevent the Parties from allowing indefinite registration, subject to cancellation for non-use, fraud or other reason permitted under the law of the Party.

1. Requirement of Use

Content a.b.c numerals (The complete text is available in IATP's office library.)

1. A Party may provide limited exceptions to the rights conferred by trademark, such as a fair use of descriptive terms, provided that such exceptions take into account the legitimate interest of the trademark belongs.

1. Compulsory Licensing and Transfer of Rights

Compulsory licensing of trademark shall not be permitted.

1. Each Party shall prohibit the registration as a trademark of words, at least in English or Spanish, that generically designate goods or services, or types of goods or services to which the trademark applies

1. A patent shall confer the right to prevent others not having the patent owner's consent from maxing, using, or selling the subject matter of the patent. In the case of a patented process, the patent confers the right to prevent others not having consent from using that process and from using, selling, or importing the product obtined directly by that process.
2. Where the subject matter of patent is a process for obtaining a product, each Party shall provide that the burden of establishing that an alleged infringining product was not made by the process shall be one on the alleged infringer in one or both of the following situations:
   1. the product is new, or
   2. a sustantial likelihood exists that the product was made by the process and the patent owner has been unable through reasonable efforts to determine the process actually used. In the gathering and evaluation of evidence to the contrary, the legitimate interest of the defendant in protecting his trade secrets shall be taken into account.
3. A patent may be revoked only on grounds that would have justified a refusal to grant the patent.

1. Each Party may allow for the lapse of a patent where the fees required to maintain the patent in force are not paid within prescribed time periods.

1. Exceptions

Each Party may provide limited exceptions to the exclusive rights conferred by a patent, such as for acts done for experimental purposes, provided that the exceptions do not significantly prejudice the economic interest of the right-holder, taking account of the legitimate interests of third parties. The exceptions in subparagraphs b) and c) of the requirement to make such efforts may be waived by a Party in the case of a national emergency or other circumstances of extreme urgency or in case of public non-commercial use. In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable. In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has demonstrable ground to know that a valid patent is or will be used by, of or for the government, the right holder shall be informed promptly;

1. The scope and duration of such use shall be limited to the purpose for wich it was authorized;
2. Such use shall be non-exclusive;
3. Such use shall be non-assignable, except with that part of the enterprise or goodwill that enjoy such use;
4. Any such use shall be authorized predominantly for the supply of the Party's domestic market;
5. Authorization for such use shall be liable, subject to adequate protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances that led to it ceases to exist and are unlikely to recur. The competent authority shall have the continued existence of these circumstances. Compulsory licenses shall cease if at any moment the licensee is in default regarding payment or other obligations where required;
6. The right holder sahll be paid adequate remuneration in the circumnstances of each case, taking into account the economic value of the authorization;
7. The legal validity of any decision relating to the authorization shall be subject to judicial or other independent review by a distinct higher authority;
8. Any decision relating to the remuneration provided in respect of such use shall be subject to judicial or other independent review by a distinct higher authority;
9. The Party shall not be obliged to apply the conditions set out in subparagraphs b) and f) where such use is permitted to remedy a practice determined after judicial or administrative process to be anti-competitive. The need to correct anti-competitive practices may be taken into account in determining the amount of remuneration in such cases. Competent authorities shall have the authority to refuse termination of authorization if and when the conditions that led to such authorization are likely to recur;
10. The Party shall not authoririze the use of the subject matter of a patent to permit the exploitation of another patent except as a remedy for any adjudicated violation of domestic laws regarding anti-competitiveness.

1. Subject to subparagraphs b) and c) of articles 6.1, patents shall be available and patent rights enjoyable without discrimination as to the field of technology, and whether products are imported or locally produced.

Article Six

Is not in the text that IATP has.

Article Seven

Layout Designs of Semiconductor Integrated Circuits

Contents:

numerals 1: Subject Matter for protection of semiconductor integrated circuits with literal a, and b. (The complete text is available in IATP's office library.)

numeral 2: Rights aquired for protection of semiconductor integrated circuits with literals a: i,ii,ii;b;c;d:I,ii,iii (The complete text is available in IATP's office library.)

numeral 3: Terms of protection of semiconductor integrated circuits (The complete text is available in IATP's office library.)

Article Eight

Acts Contrary to Honest Commercial Practice and the Protection of Trade Secrets

1. In the course of ensuring effective protection against unfair competition as provided for in Articles 10 bis of the Paris Convention for the Protection of Industrial Property, each Party shall provide in its domestic law and practice the legal means for nationals to prevent trade secrets from being disclosed to, acquired by, or used by others without the consent of the trade secret owner in a manner contrary to honest commercial practices insofar as such information:

1. is not, a body or in the precise configuration and assembly of its components, generally known or readily ascertainable;
2. has actual or potential commercial value because it is not generally known or readily ascertainable; and
3. Has been subject to reasonable steps under the circumstances to keep it secret.

1. Neither Party shall limit the duration of protection for trade secrets so long as the conditions in paragraph 1 exist.

1. Licensing

Neither Party shall discourage or impode voluntary licensing of trade secrets by imposing excessive or discriminatory conditions on such licences or conditions which dilute the value of trade secrets.

1. Government Use

1. If a Party requires, as a condition of appoving the marketing of pharmaceutical or agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, that Party shall protect such data against unfair commercial use. Further, each Party shall protect such data against disclosure except where necessary to protect the public or unless steps are taken to ensure that the data is protected agaist unfair commercial use.

1. Unless the person submitting the information agrees, the data may not be relied upon for the approval of competing products for a reasonable period of time, taking into account the efforts involved in the origination of the data, their nature, and the expenditure involved in their preparation, and such period of time shall generally be not less than five years from the data of marketing approval.
2. Where a Party relies upon a marketing approval granted by another Party, the reasonable period of exclusive use of the data submitted in connection with obtaining the aproval relied upon shall commence with the data of the first marketing approval relied upon.
   

Article Nine

Enforcement of Intellectual Property Rights

1. General Provisions

1. Parties shall ensure that enforcement procedures as specified in this article are available under nations laws so as to permit effective action against any act of infrigement of intellectual property rights covered by this Agreement including expeditions remedies to prevent or stop infrigement and remedies which constitute a deterrent to further infrigements. In applying these procedures and remedies, Parties shall provide safeguards against abuse and shall avoid creating obstacles to legitimate trade.

1. Procedures for enforcing intellectual property rights shall be fair and equitable. They shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.

1. Decisions on the merits of a case shall, as a general rule, be in writing and reasoned. They shall be made known at least to the parties to the dispute without undue delay. Decisions on the merits of a case shall be based only evidence in respect of which parties were offered the opportunity to be heard.

1. Each Party shall provide an opportunity for judicial review of final administrative decisions on the merits of an action concerning the protection of an intellectual property right. Subject to jurisdictional provisions in each Party's laws concerning the importance of a case, an opportunity for judicial review of the legal aspects of initial judicial decisions on the merits of a case concerning the protection of an intellectual property right shall also be provided.

1. Specific Procedural and Remedial Aspects of Civil Action

Content: literals a,b,c,d,e,f,g,h,i (The complete text is available in IATP's office library.)

1. Provisional Measures

1. Each Party provides its judicial authorities the authority to order prompt and effective provisional measures:

1. to prevent an infrigement of any intellectaul property rights from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods no later than immediately after custom clearance; and
2. to preserve relevant evidnece in regard to the alleged infrigement.

Content: literals a,b,c,d,e,f.g (The complete text is available in IATP's office library.)

1. Criminal Procedures

(The complete text is available in IATP's office library.)

Article Ten

Definition

1. "Integrated circuit" (Definition in the complete text is available in IATP's office library.)

1. "A manner contrary to honest commercial practice" (Definition in the complete text is available in IATP's office library.)

1. An "encrypted satellite signal" (Definition in the complete text is available in IATP's office library.)

1. "National" (Definition in the complete text is available in IATP's office library.)

1. "Public" (Definition in the complete text is available in IATP's office library.)

1. "Right-holder," includes the right-holder personally, any other natural or legal person authorized by the right-holder who are exclusive licensees of the right, or other authorized persons, including federation and associations, having legal standing under domestic law to assert such right;

1. "Intelectual Property Rights" refers to copyright and related rights, trademark rights, patents rights, rights in lay court designs of semiconductor integrated circuits, trade secrets rights, and plant breeders rights.
   

Article Eleven

General Exception

(complete text is available in IATP's office library.)

Article Twelve

National security

(complete text is available in IATP's office library.)

Article Thirteen

Consultation

(complete text is available in IATP's office library)

Article Fourteen

Relationship to other Agreement

(complete text is available in IATP's office library)

Article Fifteen

Final Provisions

1. The Parties shall assume the obligations of this Agreement upon signature. This Agreement shall remain in forces for an initial period of ten years and shall continue in force thereafter until terminated in accordance with this paragraph. Either Party may, by giving one year's notice to the other Party, terminate this Agreement at the end of the initial ten year period or at any time thereafter.

The Parties will implement this Agreement as an executive Agreement to the maximum extent possible, such action being without prejudice to seeking its legislative ratification. Each Party shall issue any executive orders or regulations required to implement this Agreement by December 1, 1993. Furthermore, each Party agrees to submit no later than December 1, 1993, any legislation necessary to carry out fully the obligations of this Agreement and to exert its best efforts to enact and implement this legislation by September 30, 1994.