Stopping Counterfeits at the Border: The DGA’s IP Rights Registry in the Dominican Republic

A brand owner discovers that a container of counterfeit goods bearing its trademark is about to clear Dominican customs. What can it do before the merchandise disperses into the market? Dominican law provides a border enforcement toolkit, but it works best for rights holders who prepared in advance.

The legal basis

Industrial Property Law 20-00 and Copyright Law 65-00, reinforced by the legislation implementing DR-CAFTA, allow the owner of intellectual property rights who suspects an infringing import is being prepared to ask a court, as a preventive measure, to order customs to suspend the release of the goods. On the copyright side, the rules extend to exports and goods in transit, and require authorities to prevent counterfeit goods from being exported or rerouted into a different customs regime, save exceptional circumstances.

When customs detects presumptively counterfeit goods, the General Customs Administration (DGA) must notify the rights holder within five days, disclosing the names and addresses of the shipper, importer and consignee and the quantity of goods, the information needed to launch legal action.

The registry that makes it work

To make border enforcement operational under DR-CAFTA’s intellectual property chapter, the DGA created a Registry of Intellectual Property Rights Owners (Resolution 01-2010). Registration is open to holders of rights recorded before ONAPI (industrial property) and ONDA (copyright), and to licensees acting at the owner’s request. It is valid for two years, renewable. Where a work is not registered with ONDA, the owner must submit sufficient evidence of ownership.

Here is the practical point most brand owners miss: registration converts border protection from reactive to systematic. An unregistered rights holder depends on luck, someone noticing the shipment in time to run to court. A registered one is inside the DGA’s inspection workflow, so suspect shipments are flagged against its portfolio as a matter of routine. For consumer brands, pharmaceuticals and electronics sold in the Dominican and regional markets, the registry is inexpensive insurance.

Our intellectual property team registers rights holders before the DGA, ONAPI and ONDA, and litigates border seizures and infringement actions. If counterfeits of your brand are moving through the region, let’s put the registry to work for you.

Do you want more information about our services for IP Rights Customs Registry in the Dominican Republic? Contact Us.

Disclaimer: This publication is not intended to provide advice or suggest a guaranteed outcome as individual situations will differ and the situation may have changed since publication. For specific advice on the information provided and related topics, please contact the author.

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