As noted on LASNET, ratification of the Bilateral Agreement is pending before
the Ecuadorian Congress. The TRIPS Agreement is the current international
standard and was accepted by the Ecuadorian Congress when it ratified
accession to WTO/GATT in 1995. TRIPS was published in the REGISTRO OFICIAL
of the Ecuadorian government, No. 977 of 28 June 1996.
QUOTE:
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF ECUADOR CONCERNING THE PROTECTION AND ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS...
Article Six: Patents
1. Patentable Subject Matter...
c. A Party may also exclude from patentability:
(i) Diagnostic, therapeutic and surgical methods for the treatment
of humans or animals;
(ii) Plants and animal varieties other than microorganisms; and
(iii) Essentially biological processes for the production of plants or
animals, other than non-biological and microbiological process for
such production.
Notwithstanding subparagraph (ii), each Party shall provide for the
protection of plant varieties through 1) patents, or 2) an effective
scheme of protection consistent with the International Convention
for the Protection of New Varieties of Plants, 1978, or the
International Convention for the Protection of New Varieties of
Plants, 1991, or 3) both. END QUOTE.
QUOTE:
AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (ANNEX 1C)
PART II STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL
PROPERTY RIGHTS...
Section 5: Patents
Article 27: Patentable Subject Matter...
3. Members may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the treatment
of humans or animals;
(b) plants and animals other than micro-organisms, and essentially
biological processes for the production of plants or animals
other than non-biological and microbiological processes.
However, Members shall provide for the protection of plant
varieties either by patents or an effective sui generis system
or by any combination thereof. The provisions of this
paragraph shall be reviewed four years after the date of entry
into force of the WTO Agreement. END QUOTE.