Los alegatos judiciales como objeto de protección de Derecho de Autor en el Ecuador.

Abstract

Intellectual Property is a branch in charge of protecting those creations that took place by the ingenuity and intellect of the human being. Within the Intellectual Property, a division of other legal disciplines is created, among which is the Copyright, discipline in charge of protecting works, creations of literary, scientific, or artistic nature. With such background, the regulations applicable to intellectual property in Ecuador are the Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación, known as the Código Ingenios. However, a controversy arises between articles 104 and 107 of the Código Ingenios, because, while article 104 protects legal pleadings as a work, article 107 states that political speeches and dissertations raised in judicial debates, works that are also legal pleadings, are not subject to protection, thus creating an antinomy that casts doubt on the protection of legal arguments as copyrightable works, creating a total-total antinomy, since, if article 104 is applied, it is not possible to apply article 107, and vice versa, having to apply the criteria of hierarchy and competence to propose a viable solution to such problem.