Securing IP Rights through Collaboration with Local Counsel and the Embassy
HWAIN Intellectual Property Law Group (Lead Attorney: Seung-Wook Choi) has successfully prevented the unauthorized registration of the ‘WellDerma’ trademark by a local entity in Ecuador. The National Service of Intellectual Rights (SENADI) in Ecuador issued a final decision to refuse the trademark application filed by the local distributor, Farmaenlace Cía. Ltda.
Key Highlights of the Case:
- Strategic Defense: HWAIN collaborated with local counsel, Falconi Puig Abogados, to develop a robust legal logic centered on the lack of use evidence and the bad-faith nature of the application.
- Diplomatic Support: The Embassy of the Republic of Korea in Ecuador provided crucial assistance by meeting with legal representatives and confirming the brand’s established status in Korea to protect the interests of the Korean company.
- Regional Impact: As Ecuador follows the Andean Community (CAN) regulations, this victory mitigates future trademark risks in neighboring markets like Peru and Colombia.
Message from Lead Attorney Seung-Wook Choi:
“Understanding local jurisprudence and meticulous evidence collection were vital in this case. This decision is significant as it secures brand rights not only in Ecuador but potentially across the entire Andean region. We will continue to strengthen our response systems to protect the intellectual property of Korean companies globally.”
HWAIN IP Law Group plans to leverage this decision in ongoing invalidation trials and continue its comprehensive brand protection strategy across South America.
