Relationship between Customs (SENAE) and Intellectual Property (SENADI) in Ecuador

Intellectual property and customs management converge in the protection of legitimate trade and in preventing the entry or exit of counterfeit goods, trademark infringement, digital piracy, or other products that violate intellectual property rights.

The Customs Intellectual Property Registry is a cooperation mechanism between SENAE and SENADI. It consists of the voluntary registration of rights holders (trademarks, patents, copyrights, etc.) so that Customs can identify potential infringing goods.

1.  Institutional Framework

• National Customs Service of Ecuador (SENAE): public entity that controls the entry and exit of goods, collects duties, and combats smuggling.
• National Service for Intellectual Rights (SENADI): authority that manages, protects, and oversees intellectual property rights (copyright, industrial property, plant varieties, traditional knowledge).

2.  Mechanisms of SENAE – SENADI Cooperation

1. Border measures
   • SENADI, as the registering authority may request Customs to suspend the clearance of goods suspected of infringing intellectual property rights.
   • SENAE may act ex officio or upon request, retaining products and notifying SENADI.
2. Information exchange
   • SENADI provides SENAE with databases on trademarks, patents, and copyrights.
   • SENAE uses this information in its goods control processes.
3. Training and coordination
   • Joint workshops are held to train customs officers in identifying counterfeit products.
   • Inter-institutional agreements strengthen cooperation.

3. Seizure of Exported or Imported Goods

Seizure is an extreme measure applied by Customs when intellectual property rights violations are confirmed.

• In exports:
  • Seizure occurs when counterfeit goods are attempted to be shipped abroad (e.g., textiles, footwear, cosmetics with registered trademarks used without authorization).
• In imports:
  • Once infringement is confirmed, Customs may order:
    • Seizure of goods.
    • Destruction of illicit products.
    • Notification to the Prosecutor’s Office in case of a customs crime.

4. Benefits of SENAE – SENADI Cooperation

• Protection of consumers against low-quality or dangerous products.
• Support for entrepreneurs and business owners who register their brands and creations.
• Compliance with international trade and intellectual property commitments.
• Reduction of smuggling, piracy, and unfair competition.

At Quevedo Ponce, we have attorneys specialized in intellectual property and customs law, offering comprehensive advice that includes the registration and protection of trademarks, patents, and copyrights, as well as enrollment in the Customs Intellectual Property Registry, ensuring the defense of your rights and the protection of your investment

📌 Reminder: Registering your trademark or creation with SENADI and, if necessary, also in the Customs Registry, is the best way to protect your investment against piracy and counterfeiting.