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Bustamante Fabara

Bustamante Fabara

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Ecuador

1

Intellectual property

Bustamante Fabara is noted for its strong IP offering, with particular expertise in the life sciences and pharmaceutical sectors. The team advises leading domestic and multinational companies on patent protection, enforcement and regulatory compliance, drawing on a combination of technical knowledge and litigation expertise. The practice also handles trademark portfolio management, protection and enforcement for multinationals operating in Ecuador. Patent work remains a core strength, with the team advising on pharmaceutical patents, plant varieties and industrial designs. The practice is co-led by María Rosa Fabara, who is lauded for her technical acumen and ability to advise leading multinational and domestic clients across the full gamut of IP issues. She is also renowned for her role in IP disputes and prosecution matters. Co-leading alongside her are José Rafael Bustamante, who is noted for his role in patent and enforcement matters; and María Clara Bustamante. Director Pablo Fabara and senior associates Sebastián Páez and Óscar Reyes support on patent and trademark matters.
Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • It is a highly specialized practice firm.
  • The intellectual property team at Bustamante Fabara is excellent. They have a very strong technical background and take the time to understand the specific needs of our business, adapting very well to the Ecuadorian regulatory environment. Compared to other firms, they stand out for responding quickly and providing clear, straightforward solutions. Furthermore, it's clear they've modernized considerably; their use of digital tools for managing trademarks and patents greatly facilitates tracking and streamlines daily work.
  • Their greatest strength lies in the balance between exceptional technical expertise and a very agile and direct approach. They differentiate themselves from the competition by offering practical solutions instead of getting bogged down in formalities. In the Intellectual Property department, partner María Clara Bustamante does an excellent job coordinating the team, and professionals like Sebastián Páez are extraordinary. They inspire tremendous confidence thanks to their extensive experience in the sector and their ability to resolve complex procedures quickly and efficiently.
  • We can say that the work carried out by MARÍA CLARA BUSTAMANTE, MÓNICA JARRÍN, ANDREA TINAJERO, MARÍA ROSA FABARA and PABLO FABARA, with whom we work very closely, is impeccable.
  • Their greatest asset is their experienced people, knowledgeable about the latest developments in their field, like Dr. Oscar Reyes.
  • Maria Rosa Fabara is an impeccable lawyer and an expert in her field in Ecuador. Monica Jarrin and Jose Antonio Fabara are also experts in their field.
  • Bustamante Fabara's differentiating value lies in its ability to combine impeccable legal rigor with a strategic approach to defending critical assets, setting it apart from competitors with a purely administrative focus. Its most outstanding qualities are proactivity and a deep understanding of SENADI's criteria, embodied by its leaders, partners, and staff, whose technical expertise allows them to anticipate scenarios in complex litigation. This combination of extensive experience and dispute resolution prowess ensures that the firm not only manages trademarks but also guarantees the exclusivity and competitiveness of our business in the face of any legal challenge.
  • Bustamante Fabara has the capacity to handle highly complex strategic litigation, providing in-house counsel with procedural strength and a success rate in critical defenses that surpasses traditional firms. Unlike other firms, their approach is not only focused on property registration but also on defense and technology, ensuring robust protection for our company.
  • There is a close, familial, and trusting relationship without losing sight of professionalism
  • It's a very responsive team, each member in their respective area, providing prompt and clear answers to inquiries. Furthermore, the frequency of newsletters keeps me up-to-date on the latest news from Ecuador.

Key clients

  • BMW Group
  • Yum! Brands
  • NFL Properties
  • G & W Electric Company
  • MercadoLibre
  • Dsquared2 Trademarks Limited / Berkemeyer
  • Allergan Pharmaceuticals International
  • SALUDSA Sistema de Medicina Prepagada del Ecuador
  • Meta Platforms
  • Monster Energy Company
  • Major League Baseball Properties
  • Heineken Ecuador
  • Andean Trading International
  • BalanceProducts
  • Warner Bros.

Work highlights

Represented BMW in appeal proceedings before the Ecuadorian Trademark Office, securing the registration of its 'M8' after an initial refusal based on alleged risk of confusion with a prior mark.
Represented KFC in trade mark opposition proceedings, preventing the registration of a mark and logo that imitated its well-known brand and confirming strong protection against confusing and unfair trade mark filings in Ecuador.
Represented NFL Properties in trade mark opposition proceedings before the Ecuadorian Trademark Office, successfully preventing the registration of a mark that reproduced the core visual elements of the San Francisco 49ers logo.

Lawyers

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Leading associates

Leading associates with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.

Practice head

María Rosa Fabara; José Rafael Bustamante; María Clara Bustamante

Other key lawyers

Óscar Reyes; Pablo Fabara; Sebastián Páez