Legal Protection of Know-How Contracts in Ecuador

Abstract

Ecuadorian legislation on commercial matters has undergone some important changes in the last recent months as of the new Commercial Code. This, with no doubt, has been a very positive fact for all those who in some way are linked to the commercial sphere. Among the reforms we find in this new law that there are recognized new contractual figures, which respond to the demands of a market that is constantly evolving. The Know-how Contract appears as a new type of commercial contract and reports a very interesting regulation that deserves to be a subject of an academic analysis. It’s for this reason, that through this study, we will deepen in first instance, in the importance, concept and characteristics of this contractual figure, with the aim of understanding the autonomy and legal nature of this contract, which used to be the subject of confusion with other institutions; then, focus on the study of the several protection tools of the Know-how contract that we find in the ecuadorian legal system.

Keywords: Know-how, contract, unfair competition, Commercial Law, Competition Law.