La inteligencia artificial y la protección constitucional de la propiedad intelectual en el Ecuador

The rapid development of Artificial Intelligence (AI) has transformed intellectual creation processes, creating new challenges for legal systems in the field of intellectual property. In Ecuador, the Constitution of the Republic and the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (COESCCI) recognize and protect copyright and other intellectual property rights; however, they do not specifically regulate works generated through artificial intelligence systems. This article aims to analyze whether the Ecuadorian constitutional framework is sufficient to ensure the protection of intellectual property against the challenges arising from the use of AI. To achieve this objective, qualitative documentary research was conducted through the analysis of national legislation, specialized legal doctrine, and comparative law. The study examines the evolution and operation of artificial intelligence, the criteria of authorship and ownership of AI-generated works, the protection mechanisms established in Ecuadorian law, and the regulatory approaches adopted by different jurisdictions. The findings reveal that the Ecuadorian legal system maintains a traditional concept of authorship limited to natural persons, resulting in regulatory gaps concerning works created or assisted by artificial intelligence. It is concluded that an update of the national legal framework is necessary to balance the protection of intellectual property rights with technological innovation while ensuring legal certainty and compliance with constitutional principles.