Brand protection strategies against unfair competition: an approach from trademark law

Abstract

The research addressed unfair competition in the Ecuadorian commercial environment, evidenced by practices such as misleading advertising, misuse of trademarks, and a lack of market transparency. These actions not only affect companies but also consumers, who are often unaware of their rights and the legal mechanisms for protection. The overall objective was to understand the development of trademark law in Ecuadorian legislation in order to determine strategies for protecting brands and consumers against unfair acts. The methodology employed was a quantitative, descriptive-documentary approach. A survey was conducted among 52 people to analyze public perceptions regarding the use of trademarks, advertising, and business competition. The results showed that the majority of respondents were unfamiliar with the concept of intellectual property and perceived that competition in the country was not conducted fairly. Furthermore, it was identified that a high percentage had been victims of misleading advertising and did not know which institution to contact to file a complaint. In conclusion, although Ecuador has regulations such as the Intellectual Property Law and agencies like SENADI, there are still weaknesses in their practical application. Therefore, mechanisms for dissemination, oversight, and sanctioning must be strengthened, as well as fostering a culture of respect for legality in trade.