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8 Ius Humani, Revista de Derecho 9 (2019)

handle is hein.journals/iushum8 and id is 1 raw text is: 



           Revista de Derecho. Vol. 8 (2019), pp. 9-42. ISSN: 1390-440X--eSSN: 1390-7794
             Recepci6n: 10-2-2019. Aceptaci6n: 12-4-2019. Publicaci6n electr6nica: 6-6-2019
                                             https://doi.org/10.31207/ih.v8iO.202




INSTITUTIONAL FRAMEWORK: INTELLECTUAL
PROPERTY AND THE IMPACT ON IMPORT AND EXPORT
OPERATIONS IN ECUADOR
MARCO INSTITUCIONAL: PROPIEDAD INTELECTUAL Y EL IMPACTO EN LAS OPERACIONES DE
IMPORTACI)N Y EXPORTACION EN ECUADOR


Paulina Valle Segura*
Ruben M ndez Redtegui**


Abstract: This paper introduces a review based on the economic analysis of
the law. In that sense, it analyzes the application of border measures in terms
of the right and its consequences. This mechanism of precaution applied
by the customs in the air, maritime and terrestrial limits foresees the
suspension of the customs clearance of the merchandise that may infringe.
He therefore resorts to the theoretical-descriptive method to make a
consistent description in a context where there are ample perverse incentives
for the import and/or export of unauthorized copies. The first section focuses
on facilitation against regulation and customs control of trade. Next, the
second part addresses the relevance of customs control of import and export
goods in Ecuador. The third explores the importance of border measures
(criminal and unfair competition). The fourth section considers in a
theoretical sense the impact on transaction costs in import and export
operations. Finally, the document develops a comparison between national
norms and procedures with the type of request for a border measure made
by other countries of the Andean community of the United Nations. It is
concluded that the adoption of the mechanism can generate high
administrative and transaction costs in import and export operations, due to


* Official of the Ecuadorian National Customs Service (SENAE) and independent
researcher (Quito, Ecuador). paulyvallesegura@hotmail.com
** Full Professor of Law at Pontificia Universidad Cat6lica del Ecuador (Quito).
rcmendez@puce.edu.ec

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