CARLOS ALBERTO ARROYO DEL RIO

MANAGING PARTNER

CONTACT

E-mail: carroyodelrio@falconipuig.com

Phone: +593 2 256 1808. Ext. 66

Fax: +593 2 256 7293

OFFICE HOURS

Monday to Friday: Appointment times available upon request

PRACTICE AREAS

    • Intellectual Property
    • Advertising
    • Patents
    • Competition (Antitrust)
    • Commercial Contracts
    • Litigation

PROFESSIONAL EXPERIENCE

Carlos Alberto focuses his practice on Intellectual Property, Advertising and Commercial Law, including litigation. His experience includes representing and counseling major local banks and food manufacturers (bakery products, beverages, wine and spirits) on transactional and contentious matters in Latin America.

In his transactional IP practice, he manages Ecuadorian and international IP portfolio for several of the largest local companies and multinationals, securing strategic and strong formal IP protection, coordinating trademark and patent clearance and prosecution, as well as due diligences, licensing, enforcement and anti-counterfeiting matters.

His litigation practice is comprised of intelligence gathering, preparing strategy, drafting pleadings, delivering oral statements and negotiating settlements in trademark and patent infringement, advertising, commercial and unfair business cases before appeal committees, the Ecuadorian Patent and Trademark Office and ordinary courts including the Supreme Court.

Carlos Alberto is a renowned specialist on Intellectual Property with particular strength in patent and trademark law. He heads up the firm's patent practice, and his team has developed special skills in giving advice to clients based on the client's business needs, including handling patent filings and overcoming objections raised by the Patent Office, for the effective IP portfolio management. His work ranges from applications to opposition, cancellation and invalidation actions, defensive procedures and licensing.

In addition to litigation, his advertising law experience includes serving as counsel to the Board of the National Association of Advertising Agencies and for companies in several diverse industries he advises on advertising programs, campaigns, spots and sweepstakes. Appointed as the Ecuadorian member of the Global Advertising Lawyers Alliance GALA since 2009. In 2010, he was recognized by Global Law Experts as the leading advertising law expert in Ecuador; and in 2011 as the leading expert for Advertising advice in Ecuador by Corporate INTL.

In the Commercial Law area, Carlos Alberto structures, drafts and negotiates franchising and joint venture contracts. He counsels clients regarding mergers and acquisitions, breaches of agreement and market entry, coordinates and conducts intangible assets valuation.

REPRESENTATIVE MATTERS

  • Coordinated the trial, drafted pleadings and delivered closing statements that lead to an effective protection of the patent rights of AMANCO HOLDING a multinational company which is the main pipe producer, against alleged infringements by which plaintiff RIB LOC tried to cease production of a pipe winding machine. Currently an annulment action was brought against the plaintiff’s granted patent.
  • Coordinated the case, drafted pleadings and delivered closing statements in litigation that lead to the successful recovery of the trademark 7-ELEVEN as one of the largest US chains of convenience stores, which was unlawfully registered in Ecuador to an unrelated party; and obtained the recognition and declaration of to court, to be a “well known” trademark.
  • Coordinated the case, drafted pleadings and delivered closing statements, on behalf of the defendant, that lead to the denial of several actions (including two cancellations) filed by an international bakery company, against the leading brand of bakery goods in Ecuador. Obtaining a recent favorable final resolution issued by the Supreme Court.
  • Coordinated the case for the recovery of TM rights for an Internet portal to be launched by three of the largest banks from Ecuador, Colombia and Venezuela.
  • Successfully pursued several anti-counterfeiting actions for alcoholic beverages, which lead to preliminary injunctions whereby counterfeit products were seized from the Ecuadorian market and destroyed. Negotiated settlement with infringers.

RECOGNITIONS

Carlos Alberto’s performance has been recognized by important international legal directories, such as: Chambers & Partners, The Legal 500, and The WTR 1000. 

EDUCATION

  • JD (equivalent), Pontificia Universidad Católica. Quito, Ecuador. 2002
  • Harvard Law School, PIL 1997

BAR ADMISSIONS

Ecuador

MEMBERSHIPS

  • Colegio de Abogados del Guayas
  • Global Advertising Lawyers Alliance (GALA)
  • International Trademark Association (INTA)

ACTIVITIES

  • Professor of “International Public Rights” at the San Francisco de Quito University Law School, 2008.
  • Professor of “Trademark Valuation and Exhaustion of IP Rights” in the Master Degree Program of Intellectual Property of the Universidad Catolica de Santiago de Guayaquil, since 2009.
  • Professor of “Intellectual Property Practice, workshop” at the San Francisco de Quito University Law School, since 2005.
  • Consultant to the Ecuadorian Institute of Intellectual Property throughout the Agreement for Technical Cooperation signed with the Interamerican Development Bank, for the instruction of judges, public prosecutors and custom authorities.
  • Counsel to the Ecuadorian Private Industry Committee on the Intellectual Property table for the negotiation of the Free Trade Agreement between Ecuador, Colombia and Peru with the United States.
  • Counsel for Intellectual Property matters on the IV Negotiation Meeting, Free Trade Agreement between Ecuador, Colombia and Peru with the United States.
  • Certified Mediator by the Latin-American Development Corporation, since 1998, Arbitration Centre of the Bogota Chamber of Commerce, Colombia and the Mediation Centre of the Latin-American Development Corporation, Ecuador.
  • Speaker and instructor on several conferences, seminars and workshops coordinated by the World Intellectual Property Organization (WIPO), the Court of Justice of the Andean Community, International Trademark Association (INTA), the Network for Building a Culture of Intellectual Property, CYTED (Science and Technology for Development ), LES (Licensing Executive Society), the Colombian Academy of Jurisprudence, the Bogota Chamber of Commerce, the American Association of Intellectual Property (ASIPI), the International Development Law Organization, Legal Issues and Liaison Consultants.
  • Author of several publications on Intellectual Property and Advertising Law.

LANGUAGES

  • English
  • Spanish
  • Italian
  • Chinese (basic)