RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/275
18 July 2001
(01-3567)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Dominica to the questions posed by the United States
By means of communications from the Government of Dominica dated 15 June 2001, the
Secretariat has received the following responses to questions posed by the United States, as circulated
in document IP/C/W/268.
_______________
A.-B. GENERAL ; COPYRIGHT AND RELATED RIGHTS
[Responses not received]
C. TRADEMARKS
7. Please describe the subject matter that can comprise a trademark under the trademark law of
Dominica.
Under the laws of Dominica any visible sign which is capable of distinguishing the goods or
services of an enterprise can comprise the subject matter of a mark.
8. Please describe the procedure that must be followed to register a trademark in Dominica,
citing the relevant provisions of the law, and descri be the rights that the owner of a registered mark
can exercise.
Pursuant to Marks, Collective Marks, and Trade Names 1999 §5, an application for
registration of a mark must be filed with the Registrar on a prescribed form and accompanied with theprescribed application fee.  Upon receipt of the application, the Registrar will examine whether the
application contains:
(a) a request the mark be registered;
(b) a reproduction of the mark; and(c) a list of the goods or services for which registration of the mark is requested, listed
under the applicable class or classes of the international Classification.IP/C/W/275
Page 2
Where the Registrar finds that the requirements for registration have been fulfilled and the
registration of the mark has not been opposed1 within the prescribed time limit or the registration of
the mark has been opposed but has been decided in the applicant’s favour, s/he shall register the mark
in the Register, publish a reference to the registra tion in the Journal, and issue to the applicant a
certificate of registration.
The owner of a registered mark, has exclusive right to the mark.2  Thus, no other person may
use the mark without the authorization of the owner.  The owner of the mark has a right to institute a
High Court proceedings against any person w ho uses the mark without his authorization.3 The High
Court may award the any remedies provided for in  the general law as well as following remedies
pursuant to Marks, Collective Marks and Trade Names:
(a) injunction;
(b) damages;(c) order the seizure, forfeiture or destruction of any infringing product or any instrument
used to produce the infringing mark.
In addition to the rights that may be exercise d by the owner, any person who infringes on a
mark or who:
a. makes any die, block, machine or other instrument for the purpose of forging a mark
or collective mark;
b. disposes of,  or has in his possession, any such die, bloc, machine or other instrument;
c. sells, or has in his possession for sale any goods which contain a forged mark or
collective mark; or
d. imports into the State any product bearing a forged mark or collective mark;
commits an offence and is liable to a fine or imprisonment or both.
9. Please provide the length and terms of protection the trademark law of Dominica provides for
a trademark.
Registration of a mark expires 10 years from the date of filing the application.
D. GEOGRAPHICAL INDICATIONS
10 . Please describe in detail how the laws of Dominica provide for the recognition and protection
of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
                                                     
1 Pursuant to Marks, Collective Marks and Trade Names 1999, an interested party may give notice of
opposition to the Registrar within the prescribed period of time on the ground that the mark is:
(a) incapable of distinguishing the goods or services of one enterprise from those of the other
enterprises;
(b) contrary to public order or morality
(c) likely to mislead the public or trade circles
(d) identical to or is an imitation of or contains an …
2 §3 Marks, Collective Marks and Trade Names 1999
3 §9 Marks, Collective Marks and Trade Names 1999IP/C/W/275
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§6 of Geographical Indications Act 1999 makes provisions for the following person/parties to
file an application for registration of a geographical indication:
(a) any person or group of persons carrying on an activity as a producer in the
geographical area specified in the application, with respect to the goods specified inthe application;
(b) any group of consumers; or(c) any competent authority.
Further, interested persons may within the prescribed period of time and in the prescribed manner,
give notice to of opposition to the registration of a geographical indication to the Registrar.
4
In addition, geographical indications have protection in Dominica regardless of whether or
not they are registered.5
Interested person/persons may institute court proceedings to prevent the unlawful use of
geographical indications, including the any use that c onstitutes an act of unfair competition within the
meaning of Article 10 bis of the Paris Convention.6  In court proceedings, the High Court is authorized
to issue an injunction, award damages and grant any other appropriate civil remedy.7
11. Please describe in detail the manner in which the additional protection required for winesand spirits under Article 23.1 of the TRIPS Agre ement is implemented, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
Any interested person or interested groups of persons may institute proceedings in the High
Court to prevent, the use of a geographical indi cation identifying wines for wines not originating in
the place indicated by the geographical indication in question, or identifying spirits for spirits not
originating in the place indicated by the geographical indication in question, even where the true
origin of the goods is indicated or the geographical indication is used in translation or accompanied by
expressions such as "kind", "type", "style", "imitation" or the like.
8  In court proceedings, the High
Court is authorized to issue an  injunction, award damages and grant any other appropriate civil
remedy.9
 E. INDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the relevant provisions of law or regulation.
[Response not received]
F. PATENTS
13. Please describe in detail the way in which the patent law of Dominica implements Article 27
of the TRIPS Agreement, indicating any exceptions pr ovided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
                                                     
4 §9 Geographical Indications Act 1999
5 §3 Geographical Indications Act 1999
6 §13 Geographical Indications Act 1999
7 id.
8 §13 Geographical Indications Act 1999
9 id.IP/C/W/275
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Please cite to the relevant provisions of the law.
As required by Article 27 of the TRIPS Agreement, Dominica Patents Act 1999 will grant a
patent only for an invention which is new, involves an inventive step, and is capable of industrial
application.10
An invention is considered new if prior to the filing date or priority date, whichever
applicable, the subject invention has not been disclosed to the public anywhere in the world by oral or
written description or by use or by any other way.11  However, the Act will disregard a public
disclosure which occurred during the 12 months immediately preceding the filing or priority date
whichever applicable, where the disclosure is a direct consequence of acts committed by the applicant
or his predecessor in title or an abuse committed by a third party with regard to the applicant or hispredecessor in title.
12
Under the Patent regulations, an inventive step is non-obvious to a person having ordinary
skill in the art.13
Further, under the Act, industrial application requires that he invention can be made or used in
industry.14
Exceptions
In accordance with Article 27.2 of the TRIPS Agreement, patent protection will not be
granted where it is necessary to prevent the commercial exploitation of an invention to protect public
order or morality including to protect human, animal or plant life or health; or to avoid serious
prejudice to the environment.15
While the Patents Act 1999 does not directly address the protection of micro-organism and
non-biological and micro- biological processes, patent protection will not be available for
discoveries.16  In addition there will be no grant of patent for:
(a) a scientific theory or mathematical method;(b) a scheme, rule or method of doing business, performing a mental act or playing a
game; and
(c) methods for the treatment of the human or animal body by surgery or therapy, as well
as diagnostic methods practiced on the human or animal body.
17
Plant  varieties
Dominica has also instituted Protection of New Plant Varieties Act 1999 to give plant
breeder's right in respect of plant varieties that are new, distinct, homogenous and stable.
14. Please describe in detail the rights provided patent holders under the patent law of Dominica
                                                     
10 §8 Patents Act 1999
11 §9 Patents Act 1999
12 §9(3) Patents Act 1999
13 §10 Patents Act 1999
14 §11 Patents Act 1999
15 §12(3) Patents Act 1999
16 §12(1) Patents Act 1999
17 §12 Patents Act 1999IP/C/W/275
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and cite to the relevant provisions of law.
The Patents Act 1999 recognizes a patent as personal property with the owner having
exclusive authority to exploit it.18  Exploitation of a patented invention by any person other than the
patent owner requires the latter's authorization.19  §33(2) of the Act defines "exploitation" as:
(a) making, importing in the Country, offering for sale, selling, using, stocking for the
purposes of offering for sale or selling or using a patented product; or
(b) using a patented process and doing any act in paragraph (a) in respect to any product
obtained from the patented process.
The patent owner has the right to bring a civil action against any person who exploits his
patented invention in Dominica without his authorization.20
15. Please describe in detail any provisions in the laws of Dominica permitting unauthorized use
of a patent, citing to the relevant provisions of law, and describe in detail the conditions under whichsuch use can occur.
[Response not received]
16. What term of protection does the patent law of Dominica provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant provisions of
the law.
A patent will expire 20 years after date of filing the application.  To maintain the patent, the
owner or applicant must pay a prescribed annual fee in advance to the registrar every year starting oneyear after filing date.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
17. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Dominica, including the term of protection, and cite to the relevant provisions of
law.
A person wishing to register a layout-design of integrated circuit must file an application form
with the Registrar.  Protection is available only where the layout-design has not been commerciallyexploited anywhere in the world for not more than two years.
21  In addition, to be protected the layout-
design must be original.22  If however, the layout-design consists of a combination of elements and
interconnections which are commonplace, then the combination as a whole must be original in order
to receive protection.
                                                     
18 §31 Patents Act, §33 Patents Act
19 §33(1) Patents Act
20 §33(3) Patents Act
21 §8 Protection of Layout-Designs (Topographies) of Integrated Circuits
22 § 4 requires originality meaning – a creation of the creator’s own intellect and not commonplace
among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.IP/C/W/275
Page 6
The creator of a layout-design has exclusive right of exploitation under the laws of Dominica.
Within that right is the right of assignment or tran sfer by succession.  The term of protection is ten
years after the date of commencement of protection.23
H.-L. P ROTECTION OF UNDISCLOSED INFORMATION ; ENFORCEMENT ; SPECIAL REQUIREMENTS
RELATED TO BORDER MEASURES ; CRIMINAL PROVISIONS ; STATISTICAL QUESTIONS
[Responses not received]
__________
                                                     
23 §7 Protection of Layout-Designs (Topographies) of Integrated Circuits