CECILIA FALCONI

PARTNER

CONTACT

E-mail: cfalconi@falconipuig.com

Phone: +593 2 256 1808. Ext. 04

Fax: +593 2 256 7293

OFFICE HOURS

Monday to Friday: Appointment times available upon request

 

PRACTICE AREAS

  • Intellectual Property
  • Legislative Affairs
  • Regulatory Affairs
  • Technology Transfer

PROFESSIONAL EXPERIENCE

Cecilia began her practice in intellectual property law with particular emphasis on copyright and trademarks and other signs used in commerce. She advises clients on strategic protection and enforcement of their IP rights, and among her clients are multinationals and local clients with large portfolios of intangible assets as well as small and medium sized companies. Cecilia is an expert on copyright issues, and she has experience in advising on infringement of moral and moral rights.

Cecilia's proactive advice regarding the protection of intellectual property has meant that her clients have been able to develop new ventures safely and expand their business into foreign markets. Her vast experience in managing IP portfolios has allowed her to advise clients on how to achieve strategic business objectives through audits of intangible assets, acquisition of rights, licenses, technology transfer agreements, import agreements, distribution contracts, marketing and other market advertizing issues. She advises clients who are innovators on adequate patent protection, drafting and reviewing contracts related to the development of new products and procedures and establishment of rights.

Cecilia was involved in the drafting of the Law on Water Resources, Use and Management of Water, and she has successfully worked with clients in the agricultural, textile and hydroelectric industries assisting them in obtaining the necessary permits. She was also actively involved in the development of other laws, such as the Law of Organic Production, Trade and Investment, the Law on Control of Market Power, and the Agricultural and Rural Land Act as well as the implementing regulation of the Sports Act.

Cecilia is an experienced negotiator, and her practice includes advising clients on complex negotiation tactics in view of the legal options, the facts of the case and the economic and political power of the parties. Cecilia successfully litigates, and she has significant experience in enforcing her clients' rights against infringements, counterfeits and other unauthorized use. She represents her clients as plaintiffs and defendants in court in administrative and judicial settings. She has also excelled in alternative dispute resolution.
Cecilia represents clients in a wide array of business sectors, and has experience in advising clients in industries such as beverage, clothing, cosmetics, veterinary products, pharmaceuticals, cleaners and disinfectants, agriculture, timber, entertainment, literary, and editorial business.

Another important aspect of Cecilia's practice is related to regulatory affairs and market access. She has been a member of several technical subcommittees of the Ecuadorian National Standards Institute, and she follows and influences the development of regulatory issues and compliance requirements, particularly in relation to the food and beverage industries. Her clients include large multinationals, and she has experience in working with in-house technical teams to establish the best way forward in view of local requirements for regulatory, labeling, packaging and claims (health and safety).

REPRESENTATIVE MATTERS

  • She obtained favorable results for a publishing company regarding infringement of the client's rights to a literary classic for high school studies. She managed to stop the infringement through the precautionary measures taken by the authority, after having caused great damage in the course of an illegal and unlawful act. The above determined the culmination of the offense and stopped the commercialization of plagiarized work.
  • She won the first case of plagiarism of a screenplay in Ecuador for the talented Ecuadorian filmmaker, Tito Jara. The violators, an Ecuadorian and a Spanish producer, altered Jara's script to include it in the infringing co-production. The case began as a mediation process, and she won the case before the appeal court. The ruling resulted in the ban of transmission, reproduction and supply of the infringing work.
  • She has been the leading lawyer on several actions to protect trademarks, trade names, trade dress, geographical indications and designations of origin. The results for her clients have been successful, and she concluded several cases by amicable settlements with compensation for damages.
  • She leads a mediation process against a public institution for the unauthorized use of software. When the action was submitted for infringement of rights and the official inspection done, the counterpart made approaches to determine the chances of reaching agreement and avoid a possible conviction. The aim is to reach an agreement satisfactory to both parties.
  • Thanks to her involvement the development of technical norms, regulations and standards, her advice to her clients has been highly successful and some of her winning cases have resulted in new practices, which have become law.
  • In the entrepreneurial field, she has become small businesses' favorite adviser when they seek to develop activities within a secure legal framework and with due protection of their intangible assets. She has acted as the legal counsel of several entrepreneurs from the start of their operations, including advice on matters relating to industrial property protection, licensing and franchising. Government policies and benefits for new businesses have increased this segment in Ecuador.

RECOGNITIONS

Cecilia's legal work has been recognized by important international legal directories, such as: Chambers & Partners and WTR 1000

EDUCATION

  • JD (equivalent), Pontificia Universidad Católica. Ecuador. 1998
  • Master's degree in Strategic Planning. Escuela Politécnica del Ejército. Ecuador. 2015

BAR ADMISSIONS

Ecuador

MEMBERSHIPS

  • Association des praticiens du droit des marques et modèles (APRAM)
  • European Communities Trade Mark Association (ECTA)
  • Interamerican Association of Intellectual Property (ASIPI)
  • International Trademark Association (INTA)

PUBLICATIONS

  • Cecilia is author of the article "Brief reflections on the evolution of the protections of the Denomination of Origin and Geographical Indications and comments about the Lisboa revised draft project.” The article is part of the publication “Geographic Indications in Latin America: some reflections” published in 2015 by ASIPI.

ACTIVITIES

  • National Ambassador of the International Chamber of Commerce Commission on Intellectual Property representing Ecuador, January 2017-December 2019.
  • Member, WIPO Link Committee. European Communities Trade Mark Association ECTA 2016.
  • Member, Committee Geographical Indications. European Communities Trade Mark Association (ECTA) 2016-2018
  • President, Committee Geographical Indications, Interamerican Association of Intellectual Property (ASIPI) 2015-2018
  • Honorary Consul of the Republic of Trinidad and Tobago accredited before the Government of the Republic of Ecuador
  • Legal Sciences section member of Number, Casa de la Cultura Ecuatoriana
  • Consular Corps Directory member
  • Director, the Ecuadorian-French Chamber of Industries and Commerce
  • Secretary, Committee Geographical Indications, Interamerican Association of Intellectual Property (ASIPI) 2013-2015
  • Mediator, Arbitration and Mediation Centre, Ecuadorian-American Chamber of commerce
  • Main delegate from Ecuador at the governing board of ASIPI, 2007-2010
  • Appointed Member 2007-2010, Science and Technology for the Development CYTED - Network for Advancing the Administration of Intellectual Property (Project financed by the governments of the Ibero-American countries to promote strategies and uses of intellectual property for small and medium enterprises)
  • Professor, Introduction of Intellectual Property Modalities course: rights, identifications and practice. National Autonomous University of Mexico, Innovation and Development Coordination, January 2010

 

LANGUAGES

  • English
  • Spanish