Intellectual Property in Dominican Republic: Patents, Trademarks, Trade Names & Copyright, Explained

Before committing capital to a new market, sophisticated companies ask a blunt question: if we bring our technology and our brand here, can we keep them? In the Dominican Republic the answer runs through two statutes, two agencies and a set of international treaty commitments.

The country is a member of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and has accepted its minimum standards of protection and reciprocal treatment, covering both industrial property, patents and distinctive signs, and copyright over literary, artistic and scientific works of creative, original character. Industrial property is governed by Law 20-00 of May 8, 2000, enacted precisely to bring patent, trademark and trade name rules in line with TRIPS, and enforced by the National Industrial Property Office (ONAPI). Copyright answers to a different regulator, the National Copyright Office (ONDA), a two-agency split that regularly confuses foreign rights holders accustomed to one-stop systems.

Patents

An invention is patentable when it is capable of industrial application, is new and involves an inventive step. Novelty means the invention has not been disclosed or published anywhere in the world within the year preceding the Dominican filing date. Every application undergoes an examination of form and an examination of substance. A patent lasts twenty years from the filing date, is not renewable, and requires annual maintenance fees starting in the third year.

Patent rights can be licensed to third parties by agreement, which must be recorded before ONAPI. The office may also grant compulsory licenses: when the patent holder fails to answer a license request made on reasonable terms within a set period; when the invention goes unexploited for three years after grant, absent force majeure; or when ONAPI finds the holder engaged in anticompetitive practices.

Law 20-00 also protects utility models, any new form, configuration or arrangement of a tool, instrument or mechanism that yields better functioning or added utility, for fifteen years, and industrial designs, the two- or three-dimensional appearance that gives a product its distinct look, for five years, renewable for two additional periods.

Trademarks and trade names

A trademark is any graphically representable sign, or combination of signs, that distinguishes one business’s products or services from another’s. The exclusive right to a mark is acquired by registration with ONAPI, with preference given to whoever has used the mark in the country the longest, where that use exceeds six months. Registration lasts ten years, renewable indefinitely.

A trade name, the name or designation identifying a business or establishment, works differently: the right arises from first use in commerce, though registration remains the practical way to prove ownership. Its registration also runs ten years, renewable indefinitely.

Copyright

Copyright, governed by Law 65-00, protects literary and artistic works and the literary and artistic form of scientific works, regardless of genre, merit, purpose or medium of expression. Protection attaches at the moment of creation and is independent of the physical object embodying the work, selling the canvas does not transfer the rights over the painting. Registration before ONDA serves publicity, guarantee and insurance purposes; the office must resolve a properly documented request within thirty days. Economic rights belong to the author for life and pass to the spouse and heirs for seventy years thereafter.

Whether you are filing a patent, clearing a brand or structuring a copyright license in the Dominican Republic, our intellectual property team works at both agencies, and can tell you, before you invest, exactly what is protectable and what is not.

Do you want more information about Intellectual Property services in 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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