Intellectual property (IP) owners in Ecuador now have clear protocols for requesting URL blocks as preliminary injunctions. Resolution No. 003-2024-DG-SENADI, which the Ecuadorian National Intellectual Property Service Agency (SENADI) issued on June 10, 2024, contains technical standards to be adopted in preliminary injunctions when protecting IP rights in the digital environment. Plaintiffs seeking preliminary injunctive relief to block URLs (uniform resource locators) or IP (Internet Protocol) addresses need to consider these standards. Internet service providers (ISPs) and Internet access providers (IAPs) may face penalties, so they also need to be aware of these standards when the IP Office receives a request.
To initiate a preliminary injunction, a plaintiff must submit a request to the IP Office. This request should include comprehensive details of the protected right, the alleged infringement, and the specific Internet addresses—URLs, IPs, and access points—to be blocked. A sworn declaration and notarized evidence of the infringing content must accompany the request.
Within 10 days of receiving the application, the IP Office will review it to see whether there is a substantial likelihood of success and order ISPs or IAPs to block the Internet addresses and redirect the traffic to a website informing users about the possible infringement.
Internet providers have three days to comply with the order or risk facing compliance sanctions from the telecommunications authority or criminal penalties for contempt.
The defendant may file documented evidence showing non-infringement, which would allow the Internet providers to unblock the addresses.
Considering the rapidly evolving nature of infringers in the digital world, the standards also allow plaintiffs to request dynamic blocks of up to two requests, with a maximum of 15 additional addresses in total. In these cases, an additional sworn statement, notarized evidence of the infringements, and payment of the official fee are also required.
When filing the main infringement action, the plaintiff must request that the addresses remain blocked, and that the blockage be decided in the main action.
While these reliefs are very helpful, the standards specifically state that they will not apply to domain names, social media, or content such as streaming.
SENADI’s new standards provide a clear and robust framework for protecting IP rights in Ecuador’s digital environment. Time will tell if these proceedings are as quick and efficient as intended, but they clearly reflect the IP Office’s commitment to safeguarding IP in the face of digital challenges.
Published: August 21, 2024
Author: Rodrigo Bermeo-Andrade
Verifier: Christian Bandre
This article first appeared in the INTA Bulletin and was reprinted with permission from the International Trademark Association (INTA).
