Intellectual Property Expert Witness in Ecuador

Dr. Melania Osorio De La Torre is an expert in Intellectual Property, Trademarks and Patents, registered with the Registry of Experts of Ecuador’s Judiciary Council (Consejo de la Judicatura) since February 2015. She is one of approximately ten experts accredited in this field in Ecuador and takes on cases throughout the country.

When do you need an intellectual property expert?

• Trademark infringement or unfair competition claims that require proof of similarity between signs or of a likelihood of confusion.
• Administrative enforcement proceedings (tutela administrativa) before SENADI.
• Copyright disputes that call for a comparison of works, software or content.
• Patent disputes that require a technical analysis of the invention.
• Cases in which the value of a trademark is at issue, such as damages claims, capital contributions or negotiations.

It is best to engage the expert while the claim or the defense is being prepared: evidence must be announced at the outset of the proceedings, and a well-framed report from that stage strengthens the case strategy.

Types of expert report

• Trademark comparison: technical analysis of the visual, phonetic and conceptual similarities between signs, and of the likelihood of confusion or association.
• Trademarks: reports on distinctive signs in judicial and administrative proceedings.
• Copyright: technical comparison of works, software and content.
• Patents: technical analysis of disputed inventions.
• Brand valuation: assessment of a distinctive sign’s value as an intangible asset.

How I work

1. Initial consultation. We review the case, the scope of the expert analysis and the procedural deadlines.
2. Proposal. I define the scope of the report, the documents required, the fees and the delivery date.
3. Report. I prepare the analysis on sound technical and legal grounds.
4. Testimony. I defend the report at the hearing when the proceedings require it.

In evidentiary matters, I work for the party that engages me. In trademark comparisons, the analysis covers the signs of both parties.

Education and experience

• Attorney and Doctor of Jurisprudence, Universidad Internacional SEK (UISEK), Quito.
• Master’s in Intellectual Property, FLACSO Argentina.
• 22 years of professional practice.
• Service in Spanish, English and French.

Request an expert report

Tell me about the case and the procedural deadlines, and I will explain how an expert report can support it.

You can also write to admin@jurixservicios.com or call +593 99 270 8304.