Landmark criminal action sets legal precedent in Ecuador

A jail term for a man accused of pharmaceutical counterfeiting is a landmark in the strengthening of intellectual property rights in Ecuador, says a lawfirm.

The sentencing of the man to a year in custody - which came after a plea bargain -creates "a strong judicial precedent that can now be used for this type of case in the future," according to CorralRosales, a trademark and patent prosecution and enforcement practice based in the Ecuadorian capital Quito.

Last December, police seized more than 1.5m counterfeit tablets after conducting several simultaneous raids at properties in Quito, Guayaquil and Santo Domingo de los Tsáchilas.

The Quito operation uncovered a clandestine lab that produced an average of 4,500 tablets per hour. Other sites involved in the packaging, storage and distribution of counterfeit medicines were also found, and three arrests were made.

After several hearings, it was decided that a criminal action would be brought against the suspects - the first time that such an action had been taken in Ecuador despite a laws that specifically cover counterfeiting of medicines and medical devices and allow for prison sentences of three to five years.

"While there is still much work to be done on this and future cases, the most significant outcome has been the development and the strengthening of intellectual property rights in Ecuador," said CoralRosales in a statement.

"Not only has this case received attention by the media and the Ecuadorian public, it has also created a strong judicial precedent that can now be used for this type of case in the future."

New regulation

Meanwhile, CorralRosales notes that Ecuador's National Agency for Health Inspection, Regulation, and Monitoring (ARCSA) recently issued a regulation on the control of counterfeit, adulterated, and altered products. More details are available here.