ECUADOR: Brand Owners Can Now Look to Mediation for Dispute Resolution

Ecuador has formally created the Intellectual Property Mediation Center as part of the National Service of Intellectual Rights (SENADI) following the passage of Resolution No. 017-2025-DG-SENADI on January 8, 2026. This development establishes Ecuador’s first specialist institutional mechanism within its IP authority dedicated exclusively to resolving IP-related disputes. 

Following SENADI’s submission of the required regulatory framework, the Center had previously been authorized on August 1, 2025, by the Council of the Judiciary. Its registration formally accredited the Center as a mediation body and enabled its Regulation to enter into force.  

Mediation in Ecuador is a confidential alternative dispute resolution mechanism through which parties, assisted by a neutral third party, voluntarily seek to settle matters open to negotiation. When an agreement is recorded in a mediation act, it becomes a final and enforceable judgment under Ecuadorian law. 

Under its governing rules, the Center may administer mediation proceedings in all matters within SENADI’s jurisdiction, including trademarks, patents, industrial designs, plant varieties, and copyright. This initiative represents a significant institutional step toward strengthening specialized dispute resolution within Ecuador’s intellectual property (IP) system. 

Although the regulation allows any IP dispute open to negotiation to be submitted to mediation—including within administrative proceedings before SENADI—mediation agreements are binding only on the parties and remain subject to the authority’s legal control. Consequently, the director of the Center may reject mediation requests that are contrary to law, and SENADI retains the power to reject terms that are incompatible with the applicable legal framework, especially where they could affect consumer protection or third-party rights. 

Mediation before the Center is voluntary and confidential. Proceedings may be initiated through a written agreement between the parties, a unilateral request, judicial referral, or administrative recommendation. Participation does not preclude subsequent administrative or judicial actions. The regulation also provides exemptions or reduced official fees for certain beneficiaries, including small and medium-sized enterprises, artisans, higher-education institutions, and independent researchers, which may further incentivize mediation as a more efficient and cost-effective alternative. 

Shortly after becoming operational, the Center administered its first mediated matter following a judicial referral in case No. 17811-2021-00940. While all information remains confidential under national mediation law and the Center’s regulation, the referral reflects the early implementation of the mechanism and its integration into Ecuador’s broader dispute resolution framework. 

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA, except where it has taken an official position.  

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