The Separation of powers in the state of exception

The article aims to analyze the principle of separation of powers in the Ecuadorian context of the state of emergency, decreed due to the health emergency caused by COVID-19. Its specific objective is to provide reasons to consolidate this principle and an adequate understanding of it, within a regime of exception. A brief introductory look at the theoretical and experiential aspects of the state of exception reveals the general suspicion of said institution. Then, from the analysis of its defining features, its regulated nature is deduced and conditioned by constitutional presuppositions. Thus, the state of exception exists and operates in observance of the principle of separation of powers. On this principle, an analytical journey of doctrinal bases consolidates the overcoming of its traditional notion towards a collaborative and dialogic opening between powers. Furthermore, the review of the minimum functions of each power of the state during the exceptional regime shows the prevalence of one power over others to be refuted. Already in the Ecuadorian context, a review of some specific scenarios induces the ratification of the operation of the principle of separation of powers and constitutional jurisdiction during the state of emergency. Finally, critical thinking is collected regarding the management of the pandemic, from which risks and warnings for democracy and human rights are inferred.

Intellectual Property in the 21st century in Ecuador

Intellectual Property is continuously present in different manifestations of daily life. However, not all people fully understand what this means, especially for authors of artistic or scientific creations, or for inventors. Given this scenario, it is essential to claim the role of the creator and its economic impact on society; in order to increase the incentives to materialize creative ideas of the human intellect that, inevitably, contribute to the production of science and culture.

Designations of origin and geographical indications as an element of economic development: The Ecuador Case

The denominations of origin and geographical indications, as distinctive signs, occupy a prominent place as an element of the impulse to the economic development of a given territory, since through them the development and marketing of high-quality products and differentiation, which in turn, allows reaching significant levels of commercial and tourist positioning for the place or region of its origin, as well as the generation of new sources of direct and indirect employment, increasing foreign exchange income from exports, the increase of State tax collection, among other socio-economic benefits. Thus, designations of origin and geographical indications are considered elements of economic development within the productive policy of a State. Therefore, the purpose of this work is to analyze the denominations of origin and geographical indications as a specialized category within the field of Trademark Law and Intellectual Property Law. It is relevant for a better understanding of how these concepts developed in Ecuadorian legislation. While for determining the options presented by the local legal framework promoting its development and use. Moreover, as those elements that the State should consider for taking advantage to promote national growth. Then the exegetical-critical method has been used, through is introduced a doctrinal and normative approach.

Is industrial property law a catalyst for inequality? Instruments for a holistic legal-economic development

Esta miscelánea tiene como objetivo reflexionar entorno a las relaciones centrales entre el derecho de propiedad industrial y el desarrollo, entendido desde una acepción holística. En la primera sección se discuten algunas generalidades respecto a la propiedad intelectual que serán de gran utilidad instrumental a lo largo del escrito. En la segunda sección se explican los recursos metodológicos empleados, el alcance de la investigación, los usos de fuentes y las aproximaciones cognitivas que se pretenden alcanzar. En la tercera sección se presenta una síntesis de los resultados a los que se ha arribado mediante la investigación. A continuación, se discuten los resultados presentados y se reflexiona acerca del cumplimiento de la hipótesis. Finalmente, se esboza un corolario y el planteamiento de nuevas interrogantes derivadas de esta indagación preliminar.

Intellectual property rights in the Ecuadorian music industry: Digital media

Inside the panorama of the music industry have been generated by several legal relationships. Generally, the artist is only concerned with expressing his ideas through songs, based on deep feelings or experiences that have marked him, but he does not realize that he is in a very complicated legal relationship when privatizing his creations. Many artists throughout their careers legal issues related to the use of copyrights in their discography; a very recent case is that of the famous artist Taylor Swift where the problem lies in the snatching of their copyright author. This miscellaneous article focuses on identifying the regulations with which the Ecuadorian government protects intellectual property rights in the Ecuadorian music industry in the current digital era. As a final result, we state that Ecuadorian legislation has an optimal regulation that encourages the operation of the intellectual property regime in Ecuador. However, artists do not choose to enter this industry due to the low performance it has in our country.

Organized armed groups in the International Humanitarian Law

States comply with international treaties because they have negotiated, signed and ratified them; however, organised armed groups are not part of these processes and still have an obligation to comply with basic rules of war. This document argues that the Internacional Humanitarian Law must be respected by all those involved in a conflict; besides, it provides arguments for organised armed groups to commit to a norm that they have not directly accepted. International Humanitarian Law as an erga omnes norm shows a specific nature and application, which is why it applies to all citizens, it is a customary norm for which it obliges respect for the norm by all individuals. Finally, an armed group regroups citizens of a country, so they must respect the norms established for the State.

New challenges of Competition Law against the rise of Electronic Commerce

Electronic commerce has established itself in recent years as one of the best marketing strategies globally for its efficiency and ability to bring producers and consumers closer together. However, the increase in the use of digital channels has generated a recent discussion in the legal community regarding the implications that this fact has on Competition Law. This note then aims to analyse the challenges facing free competition law in the scenario of new technologies and digital commerce. Moreover, this research note states that there are great difficulties for Competition Law since the consolidation of Big Tech also since these dilemmas are related to Ecuador as a consequence of its current regulations and the little technical expertise.

Economic analysis of Intellectual Property: Thoughts on the Ecuadorian case

The Economic Analysis of Intellectual Property Law allows us to understand better the importance of generating a legal system that protects intellectual property rights and generates more efficient social incentives and promote creation. Social incentives will allow creators to recover the costs incurred and obtain the expected benefits.

Volonté, Droit et Neurosciences

Que ce soit dans le domaine du droit public ou du droit privé, la volonté est une notion qui imprègne le droit, et pourtant elle ne peut être saisie par le droit sans recourir, pour l’instant, à la philosophie. Ce n’est qu’à partir des éléments apportés par la philosophie que la volonté juridique a pu être construite. Toutefois, avec l’essor des neurosciences, notamment à partir du XXIe siècle grâce aux progrès de l’imagerie cérébrale par résonance magnétique, elles pourraient apporter une réponse concernant le substrat biologique de la volonté. Visant ainsi à expliquer la façon dont le système nerveux central produit les processus mentaux, les neurosciences touchent des attributs essentiels de la personnalité et de l’identité de l’être humain, telles que la capacité, la volonté ou l’autonomie qui sont pris en compte par le droit et notamment par le droit civil, dans ses institutions juridiques. C’est pourquoi les recherches en neurosciences pourraient avoir un impact sur les actes juridiques où la volonté joue un rôle primordial.

Smart Regulation in times of COVID 19: An introspective preliminary analysis for its application in Ecuador

Better regulation is a public policy that governments implement to improve the quality of life of their citizens. These policies bring significant benefits to all market players, among the most palpable are innovation, administrative simplification, a clear commitment by the government, and competitiveness. A fundamental entity for the development of this type of regulation is the Organization for Economic Cooperation and Development (OECD), whose main objective is to create policies that improve the quality of life of citizens around the world. Among the members of this organization are first world countries such as the United States and Spain, as well as third world Latin American countries such as Mexico and Colombia, whose government administration serves as a model for the Ecuadorian people. It is because, without considering that their economies are not as large, developed, and stable, they have managed with the commitment, perseverance, and responsibility to be supported by this international institution. Nowadays, the problem of over and deregulation that has remained in Ecuador. Since the beginning of its history, it serves as an axis of study to propose the implementation of regulatory improvement within its political system. In order do this, it must be considering the principles of governance, proper preparation for its application, and the professionalism of all market players.