II. Trademarks

A trademark is any sign or combination of signs capable of graphic representation that distinguishes the products or services of one business from those of others.

The exclusive right to use a trademark is acquired through registration before ONAPI. Where competing applicants claim the same sign, preference is given to the person who has used the mark in the country for the longest time, provided the use exceeds six (6) months.

A trademark registration lasts ten (10) years and is renewable indefinitely for equal periods.

The DR follows a first-to-file logic tempered by that prior-use preference; foreign brand owners entering the market should file before launching, since recovering a mark registered by a local third party is slow and costly.

III. Trade Names

A trade name is the name, denomination, designation or abbreviation that identifies a business or commercial establishment. The right over a trade name is acquired by its first use in commerce; registration before ONAPI is nonetheless the practical way of proving ownership and is a prerequisite for incorporating a company (see Business Companies, section II).

A trade name registration lasts ten (10) years and is renewable indefinitely for equal periods.

IV. Copyright Protection

Copyright protects literary and artistic works, and the literary and artistic form of scientific works, regardless of the form or means of expression, disclosure, reproduction or communication, and regardless of genre, merit or destination. Copyright is governed by Law 65-00 of August 21, 2000, as amended, and its implementing regulation, Decree 362-01 of March 14, 2001.

Copyright vests in the author upon creation and is independent from ownership of the physical medium that supports the work; transferring the medium does not transfer the rights over the creation.

For publicity, guarantee and evidentiary purposes, works, interpretations, productions (including phonograms) and contracts relating to copyright or related rights may be recorded before the National Copyright Office (ONDA). ONDA issues its resolution within thirty (30) days of the filing of a written request with the supporting documents, which vary by type of work. Registration is declarative: protection exists from creation, but the certificate is valuable in enforcement and licensing.

Economic rights belong to the author for life; upon death, they pass to the spouse and heirs for a period of seventy (70) years.

V. Patents of Invention

An invention is patentable when it is novel, involves an inventive step, and is capable of industrial application. Novelty means the invention does not form part of the prior art anywhere in the world; disclosures made by the inventor within the twelve (12) months preceding the Dominican filing date benefit from a grace period and do not destroy novelty.

Every patent application undergoes a formal examination and a substantive examination.

A patent of invention lasts twenty (20) years from the Dominican filing date and is non-renewable. To keep the patent in force, annuities must be paid beginning in the third year.

The right to use a patent may be licensed to third parties; license agreements must be recorded before ONAPI to be effective against third parties.

ONAPI may grant compulsory licenses where the patent holder fails to respond within a specified period to a license request made on reasonable terms and conditions, subject to statutory requirements. Compulsory licenses are also available for failure to exploit the invention within three (3) years of grant, except in cases of force majeure, and where ONAPI determines that the patent holder has engaged in anti-competitive practices.

Utility models and industrial designs may also be registered under Law 20-00. A utility model is any new form, configuration or arrangement of elements of an artifact, tool, instrument, mechanism or other object that permits a better or different functioning, use or manufacture, or provides some additional utility or advantage; utility model patents last fifteen (15) years. An industrial design is any combination of colors or any two- or three-dimensional external form incorporated into an industrial or craft product to give it a special appearance without changing its intended use; design registrations last five (5) years, renewable for two additional five-year periods.

Pharmaceutical, agrochemical and technology companies should calendar the annuity and renewal deadlines from day one; lapses for non-payment are among the most common — and most avoidable — losses of rights before ONAPI.

This publication is provided for informational purposes only and not as legal advice. Any transaction related to any of the described aspects shall require advice and be specifically consulted with the Firm in advance. © Arthur & Castillo. All Rights Reserved. Next