Traditional Knowledge Laws: Ecuador

Subject Matter of Protection

Article 7

For the purposes of this Title, the terms set out below shall have the following meanings:
expressions of folklore: productions of characteristic elements of traditional cultural heritage that consist of all literary and artistic works created in the national territory by unknown or unidentified authors presumed to be nationals of the country or members of its ethnic communities and that are passed from generation to generation in such a way as to reflect the traditional artistic or literary aspirations of a community;

Scope of Protection

Article 9

Creations or adaptations that are based on tradition as expressed in a group of individuals and that reflect expressions of the community, its identity, its values  transmitted orally, by imitation or by other means, whether they use literary language, music, games, mythology, rituals, customs, handicrafts, architecture or other arts, shall respect the rights of communities in accordance with the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the instruments concluded under the auspices of the World Intellectual Organization (WIPO) for the protection of expressions against ilicit exploitation.

General economic and moral rights apply in relation to creations and adaptations of expressions of folklore.

Article 120

Inventions in all fields of technology shall be protected by the granting of patents for inventions and utility models.
All industrial property protection shall guarantee the protection of the country's biological and genetic heritage; as such, the granting of patents for inventions or processes that relate to elements of said heritage shall be conditional on those elements having been acquired lawfully.