Quevedo & Ponce - Noticias Legales
Administrative Tribunal of Quito Protects the Rights of a Designation Of Origin Registered in the European Union and WIPO
- February 17th, 2025
- Quevedo & Ponce
Floralp S.A., an Ecuadorian company dedicated to the production of dairy products, sought registration of the trademark “FLORALP FONTINA & DESIGN.” This request was objected to by the law firm Quevedo & Ponce, representing the Consorzio Produttori e Tutela della DOP FONTINA, a foreign entity that administers the designation of origin “FONTINA” to identify cheeses produced under specific conditions from the milk of certain breeds of cows existing in the Aosta Valley, Italy. The National Service of Intellectual Rights of Ecuador rejected the application due to the risk of confusion with products from this region.
Subsequently, Floralp S.A. filed a legal suit before the District Administrative Litigation Tribunal, seated in the Metropolitan District of Quito, requesting the declaration of illegality of this administrative decision. The company argued that the designation of origin “FONTINA” had not been registered in Ecuador and, therefore, should not be protected.
During the trial, evidence was presented demonstrating the historical recognition and registration of the designation of origin “FONTINA,” including: The Italian Presidential Decree of October 30, 1955; the International System of Designations of Origin Register of WIPO No. 503 of June 13, 1969; and the Official Bulletin of the European Union of June 21, 1996, which confirm the registration of FONTINA as a designation of origin.
On February 5, 2025, the Administrative Litigation Tribunal issued its written decision, rejecting the claim. The judgment was based on the possibility of consumer confusion if FONTINA were used as a trademark. The decision applied the mandatory criteria established by the Court of Justice of the Andean Community in multiple preliminary rulings regarding the provisions contained in Decision 486 of the Andean Community. These interpretations were also applied in national cases related to the designations of origin “PISCO” and “TEQUILA,” as well as the geographical indication “ALPINA,” among others.
This ruling is grounded in Article 135 of Decision 486 of the Andean Community, which prohibits the registration as a trademark of signs that could mislead commercial agents or the public, particularly with respect to geographical origin, nature, manufacturing process, characteristics, quality, or suitability for use of the products or services in question.
Moreover, the Tribunal determined that, although FONTINA had not been declared a designation of origin in Ecuador at the time of Floralp’s application, the fact that its use could mislead consumers, who might associate products under this brand with cheeses and milk from the Aosta Valley, constituted a risk of confusion.
Quevedo & Ponce, representing the Consorzio Produttori e Tutela della DOP FONTINA, reaffirms its commitment to the defense of intellectual property rights.
Más Artículos
Plant Varieties in Ecuador: Protecting Innovation in the Agricultural Sector
The development of new plant varieties represents an important source of innovation in the agricultural sector.
Economic Concentrations in Ecuador
Mergers, acquisitions, and transactions involving a change of control may be subject to Ecuador’s economic concentration control regime. The applicable rules establish specific thresholds to determine when a transaction must be notified in advance to the Superintendence of Economic Competition and allow the authority to authorize, condition, or prohibit a transaction depending on its effects on competition.
The right to remain unpublished and the posthumous publication of Gabriel García Márquez’s work “See You in August”
We all celebrate being able to read one more work by García Márquez, but what about respect for his copyright? The posthumous publication of “See You in August” has reignited the debate over the right to remain unpublished, an inalienable moral right that empowers creators to decide whether their work is released or remains unpublished. Although the Colombian Nobel laureate expressed his intention not to publish it during his lifetime, his heirs authorized its publication, raising an ethical and legal dilemma regarding the limits of rights heirs as custodians of the author’s original intent.
The UBS Case: When Having a Compliance System Does Not Mean Controlling Risk
UBS is one of the world’s largest financial groups. Headquartered in Switzerland, it provides private banking, wealth management, investment management and investment banking services. Its United States operations include UBS Financial Services Inc., a company that provides financial and investment services to clients.
Relevant Market in Ecuador Competition Law: How Is It Defined?
The relevant market is one of the fundamental concepts in Competition Law, as it defines the scope in which companies compete and helps determine whether a particular conduct may affect market competition. Its proper definition is essential for assessing anticompetitive practices, abuse of market power, and merger control
