Ecuador has been moved from the Priority Watch List to the Watch
List in the 2016 Special 301 Report of the Office of the
United States Trade Representative (USTR). The basis for this
upgrade is the reinstatement in Ecuador of criminal procedures
and penalties for commercial scale counterfeiting and piracy,
which was the basis for downgrading it to the Priority Watch
List in 2015.
Nevertheless, concerns remain regarding Ecuador´s
enforcement of IPR against widespread counterfeiting and
piracy, as well as the draft Code of the Social Economy of
Knowledge, Creativity, and Innovation (known as draft
bill
INGENIOS) which, according to the USTR,
in its current form "would represent a departure from
international practice and could threaten foreign investment
in and further development of Ecuador's innovative and
creative industries." Moreover, Ecuador is also
encouraged by the USTR to bring its patent
maintenance fees back into alignment
with international practice
