RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/DOM/1
IP/Q2/DOM/1IP/Q3/DOM/1
IP/Q4/DOM/1
25 February 2002
(02-0917)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
DOMINICAN REPUBLIC1
This document reproduces the introductory statement made by the delegation of the
Dominican Republic, the questions addressed to it and the responses given in connection with the
review of legislation undertaken at the Council  meeting held from 18 to 22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT
The Government of the Dominican Republic, under the Presidency of the Honourable
Hipólito Mejía, has made every effort to ensure and enforce the protection and regulation of
intellectual property rights as an instrument of the country's industrial and cultural development, such
efforts having in years past found expression in the adoption of Laws Nos. 1450 of 30 December 1937
on Registration of Trademarks and Trade and Industr ial Names;  4994 of 29 April 1911 on Patents for
Invention;  2926 of 18 June 1951 on the Use of Empty Bottles by Domestic Industry;  1381 of 1947
and 32-86 of 4 July 1986 on Copyright.  All those statutes have now been repealed and replaced by
updated intellectual property legislation.
The legislative system which currently governs intellectual property rights in the Dominican
Republic is based on Article 8.14 of the Constitution of the Republic, which recognizes exclusive
ownership – for the period of time and in the manner determined by law – of inventions and
discoveries, and of scientific, artistic and literary works.
In order to bring the intellectual property legislation into line with the international
conventions on the subject ratified by the Dominican Republic, such as the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS), the Berne Convention, the Paris Convention
and the Rome Convention, among others, the above-mentioned intellectual property laws wererepealed and replaced by the following enactments:
- Law No. 20-00 of 18 April 2000 on Industrial Property, published in Official Gazette
(Gaceta Oficial) No. 10044 of 8 May 2000, which contains provisions relating to
inventions, utility models, industrial designs, distinctive signs (marks, trade namesand geographical indications) and unfair competition, in addition to regulating the
                                                     
1 As regards laws and regulations relevant to the area under review and notified by the Dominican
Republic under Article 63.2 of the Agreement, reference is made to documents IP/N/1/DOM/1 andIP/N/6/DOM/1.
2 The minutes of the meeting have been circulated as document IP/C/M32.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 2
composition and functions of the National Industrial Property Office (ONAPI) and
the procedures governing infringements of industrial property rights.
- Law No. 65-00 of 21 August 2000 on Copy right, published in Official Gazette
No. 10056 of 24 August 2000, which includes regulations on copyright and related
rights and defines the functions of the National Copyright Office (ONDA).
- Regulation  No. 362-01 of 14 March 2001, published in Official Gazette No. 10076,
of 14 March 2001, regulating the implementation of Law No. 65-00 on Copyright,
which introduces a series of effective measures for the protection of copyright and
neighbouring rights.
- Regulation No. 408-00 of 11 August 2000 on the implementation of Law No. 20-00
on Industrial Property, subject to review by order of the Executive which, in
Decree No. 363-01, set up the Inter-Institutional Commission for the review and
subsequent amendment of the above-mentioned Regulation No. 408-00.
- Decree No. 303-01 of 2 March 2001, under which the National Commission for the
Protection of Intellectual Property Rights was established to coordinate national
policy against violations of intellectual property laws.
- Preliminary draft Law on the Protection of New Plant Varieties, currently before the
Executive for review, with a view to submission to the National Congress for
consideration, discussion and subsequent approval.
- Preliminary draft Law on Layout-Designs of Integrated Circuits, currently before the
Executive for review, with a view to submission to the National Congress for
consideration, discussion and subsequent approval.
These special provisions are complemented by other special ordinary law statutes, such as the
Civil Code, the Code of Civil Procedure, the Crim inal Code and the Code of Criminal Procedure of
the Dominican Republic, as well as by Gene ral Telecommunications Law No. 153, of 27 May 1998.
All domestic intellectual property legislation in force is consistent with the substantive
provisions of TRIPS and refines some of the legal in stitutions of the regime on industrial property and
copyright and related rights, in addition to enhancing the effectiveness of the work of the
administrative institutions responsible for monitoring and protecting such rights, in particular the
National Industrial Property Office (ONAPI) and the National Copyright Office (ONDA).
The salient aspects of the main intellectual property rights governed by the Dominican
regulations will be reviewed below.
A. COPYRIGHT AND RELATED RIGHTS
Law No. 65-00 protects literary and artistic works, as well as the literary or artistic form of
scientific works, including all intellectual works, whatever their form of expression, disclosure,
reproduction or communication, and their type, merit or purpose.
The author's moral right in his work is recogniz ed as perpetual, inalienable, imprescriptible
and unrenounceable, and he also has the economic right freely to dispose of his work, free of charge
or against payment, irrespective of the form of  use of the work, be it known or knowable.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 3
This economic right is vested in the author during his lifetime and in his successors in title for
fifty years after his death, except in the case of audiovisual works, where the term of protection was
set at 70 years from the date of first publication.  This economic right is subject to certain limitations
and exceptions, specifically and exhaustively listed in the Law, which may not be applied in such away as to interfere with the normal exploitation of the work or cause unjustified prejudice to the
interests of the respective right holder.
Law No. 65-00 contains special provisions relating to certain works, including computer
programs, and includes a chapter dealing with copyright transfer and contracts for copyright use.  It
also grants related rights to performers, phonogram producers and broadcasting organizations,
provided that such protection does not in any way impair the protection of copyright in their literary,artistic and scientific works.
An entire section of the Law is devoted to regulating the registration of authors' rights and
legal or other deposit with collective management companies, the operating requirements of which are
specified in Regulation No. 362-01 on implementation of Law No. 65-00.
Dominican legislation also gives copyright owners the choice of three ways – civil, criminal
and administrative – of initiating proceedings in the exercise of the rights conferred by the Law, and
establishes prison terms of three months to three years and fines of 50 to 1,000 units of the minimum
wage, without prejudice to any civil damages to which the infringer could be made liable, as well asborder measures to prevent the import or export of goods infringing copyright or neighbouring rights.
The competent civil or criminal courts are entitled to order inspections and preventive or
precautionary measures, including measures for the collection of evidence, either before or after
initiation of the proceedings.
Lastly, an entire chapter of the Law deals with the functions of the National Copyright Office
(ONDA), which is granted extensive powers of action reflected in effective measures to safeguard and
protect copyright and neighbouring rights by administrative means.
B. 
INDUSTRIAL PROPERTY
The salient features of Dominican industrial property legislation are the following:
1. Patent law
The law recognizes as patentable any idea or any creation of the human intellect, whether
product or process, in all fields of technology, provided that it is novel, involves an inventive step and
is industrially applicable.
The subject-matter excluded from patent protection, in accordance with Law No. 20-00 and
the TRIPS Agreement, comprises inventions whose commercial exploitation must necessarily be
prevented in order to protect public order, morality, human life or health, the environment, plants and
animals, with the exception of micro-organisms and essentially biological processes for the
production of plants or animals, as well as therapeutic or surgical methods for the treatment ofhumans or animals, and diagnostic methods.
Subject-matter protected by copyright is also non-patentable, as are computer programs,
discoveries which consist in making known something that already exists in nature, scientific theories
and mathematical methods.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 4
Law No. 20-00 describes in detail the procedure for the granting of patents, each application
being subject to an examination of form and of substance.  The grant of a patent confers on its owner,
for a non-extendable period of twenty years, the ri ght to prevent third persons from exploiting the
patented invention, subject to the limitations provided for in Article 5 of the Paris Convention and inaccordance with the provisions of TRIPS Article 31.
Compulsory licences may be granted subject to previous attempts to obtain authorization from
the patent owner on reasonable commercial terms and conditions, and under the circumstances
envisaged by the TRIPS Agreement.  Law No. 20-00 provides for compulsory licensing on the
following grounds:  failure to work the patent for three years from the grant date, or four from the date
of submission of the request;  one year's unjustified interruption of the working of the patent;  anti-competitive practices in the case of dependent patents;  and the public interest.  Provision is also made
for revocation of the patent in the event of abuse of the rights which it confers.
2. Utility models
The Dominican Republic's industrial property legislation also protects utility models through
the grant of patents, subject to the exclusion of processes, chemical, metal or other substances or
compounds and subject-matter excluded from patent protection.  Such patents expire fifteen years
after submission of the patent appl ication in the Dominican Republic.
3. Industrial designs
The Dominican Law also protects industrial designs, independently of any applicable
copyright protection, if they are new, that is to say if they have not been disclosed or made accessible
to the public anywhere in the world prior to the application for registration.
The limitations on the protection of an industrial design under the Dominican regulations are
confined to those elements or characteristics of the design, determined by a technical function, which
do not incorporate any arbitrary contribution by the designer and the reproduction of which is
necessary to allow the product to be mechanically assembled or joined to another product of which it
forms an integral part.
Law No. 20-00 lays down a procedure for registration of an industrial design, which shall
lapse five years after the date of the application, with the possibility of extension for two additional
periods of equal duration.
4. Distinctive signs (marks)
Dominican industrial property legislation protects as marks signs serving to distinguish goods
or services in the market, which are capable of graphic representation, and which may also consist ofnational or foreign geographical indications, and establishes a list of marks that are inadmissible for
reasons intrinsic to the sign or on account of third party rights.
For purposes of registration of the mark, ONAPI shall undertake a formal and substantive
examination in order to determine whether it meets the legal requirements, in which case registrationshall be granted for a period of ten years, with the possibility of renewal for successive periods of
equal duration, i.e. for a period longer than the minimum provided for by TRIPS.  Unjustified lack of
use over a period of three years constitutes the sole ground for cancellation.
Dominican legislation makes no provision for co mpulsory licensing, so that licences may
only be granted by the right holder and the limitations on rights for the use of certain indications shallIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 5
apply provided that such use is made in good faith and does not give rise to confusion or constitute an
act of unfair competition.
Moreover, one chapter of Law No. 20-00 deals with collective marks, granting authorization
for the owner to use the mark in itself, provided that it is also used by authorized persons.  Another
chapter is devoted to certification marks, which may not be used in relation to goods or services
produced, supplied or marketed by the actual owner of the mark.
5. Trade names, labels, emblems and commercial logos
Trade names are protected by Dominican legisl ation with no registration obligation, whether
or not they form part of a mark, provided that they do not take the form of a designation or other signthat is contrary to morality or public order or creates confusion in trade circles or the public.  The
right of exclusive use of such names shall be terminated by a finding of abandonment of use of the
name for more than five consecutive years without justification.  Registration is of a declaratory
nature with regard to exclusive use of the name and has a duration of ten years extendable for
consecutive periods of equal length.  These provisions apply to emblems and labels used by a firm orin commercial premises.
Commercial logos are governed by the legal provisions on marks and have a period of
validity of ten years from the date of submission of the registration application, renewable for equal
periods as long as the mark referred to remains valid.
6. Geographical indications
The Industrial Property Law affords protection to geographical indications, and provides that
a geographical indication may not be used in trade in relation to a product or a service when the
indication is false or misleading with regard to the origin of the product or service, or where its use
could mislead the public with regard to the origin, status, source, characteristics or qualities of the
product or service.
Domestic appellations of origin shall be registered for an indefinite period of time, provided
that the applicants have their production or manufacturing establishment in the region of the country
to which the appellation of origin corresponds, or where registration is requested by a competent
public authority.  In the case of foreign appellations of origin, registration depends on the provisionsof international agreements and on reciprocal treatment.
7. Common regulations on patents, utility models, industrial designs and trademarks
Under Dominican legislation, any person who has applied for a patent for invention or utility
model, or for the registration of an industrial design or a mark in a country which grants reciprocityfor such purposes to persons of Dominican nationality or persons domiciled in the Dominican
Republic, and their successors in title, enjoys a priority right to request a patent or a registration for
the same protectable subject-matter in the Dominican Republic.
This priority right has a duration of twelve months for patents and utility models and six
months for registrations of industrial designs and marks, counted from the date of the first application
in any foreign country.
Similarly, joint applicants or joint holders of industrial property rights shall be governed by
common regulations under the law, in the absence of any agreement to the contrary, with each jointholder being granted the right to exploit or use the invention, utility model, industrial design orIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 6
distinctive sign subject to the provision of equitable compensation to those joint holders who do not
exploit or use the object in question and have not granted a licence for its exploitation or use.
Moreover, the law recognizes that a patent for invention or utility model and an industrial
design registration or trademark registration may be granted to guarantee an obligation assumed by
the holder, with consequent restrictions on ownership.
8. Infringements of industrial property rights
As in the field of copyright and related rights, the Dominican legal order provides for the
possibility of recourse to administrative, civil or criminal procedures in order to lodge a claim for
violation of the industrial property law, and provision is made for prison sentences of three months totwo years and fines of 10 to 50 units of the minimum wage, without prejudice to civil damages.
Provisional measures may also be ordered, at the request of a party, to ensure the
effectiveness of the action or the payment of damage s, and other measures to prevent the continuation
or repetition of the infringement.
9. Unfair competition and business secrets
The Dominican legislation on industrial property defines as unfair any act performed in
commercial or professional circles which is contra ry to honest custom and practice, while business
secrets are defined as any undisclosed commercial information in the possession of a natural or legalperson, which may be used in a productive, industrial or commercial activity and which is capable of
being transmitted to a third party.
A business secret shall be considered to have been acquired by unfair means when such
acquisition is the result, inter alia , of industrial espionage, breach of contract or other obligation,
abuse of confidence, breach of trust, breach of a duty of secrecy or inducement to carry out any of
these acts.  Where the procedure for obtaining approval for the marketing of pharmaceutical or
agricultural chemical products that contain a new chemical component requires the submission of
secret data or information, these shall be protected by the competent authorities against any unfair
commercial use, in which case any person who considers himself to be affected may initiate the
relevant proceedings.  Under the Dominican legal system, any action for unfair competition shall
lapse four years after the date on which the unfair act was committed for the last time.
C. 
PRACTICAL ASPECTS
As has been shown, from the legislative standpoint the Dominican Republic has adopted the
TRIPS regulations, and has secured effective protection for intellectual property rights.
These legislative efforts are complemented by initiatives on the part of the Executive, which
first of all promulgated Regulation No. 408- 00 on the implementation of Law No. 20-00, and
subsequently enacted the Decree establishing the Inter-institutional Commission for the review and
amendment of the Regulation in question, for purposes of updating and bringing it into line with
international requirements.
The Executive has also enacted Regulation No. 362-01 on the implementation of
Law No. 65-00 on copyright, which contains new provisions enabling the National Copyright Office to
carry out more effectively the tasks of monitoring and reviewing activities that could give rise to the
use of copyright and related rights.  This Regulation has already been described by some writers as oneof the most modern in Latin America.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 7
As part of an unceasing effort to control infringements of intellectual property legislation, a
National Commission for the Protection of International Property Rights was set up by
Decree No. 303-01.  Its main purpose is to coordinate the activities of the various public institutionsconcerned with intellectual property rights, enabling them to work together and to establish effective
policies to prevent infringements of those rights.  One result of the Commission's work is the proposed
establishment of an intellectual property department attached to the Office of the Attorney-General of
the Republic, which will coordinate the work of the Public Prosecutor's Office at national level.
Furthermore, the National Copyright Office (ONDA) has reached an agreement with the
Dominican Telecommunications Institute for the purpose of undertaking joint action to monitor theobservance of authors' rights by broadcasting organizations such as television stations, and the cable
distribution of television signals.
As a result of all these efforts undertaken by the Dominican Government, the National
Copyright Office (ONDA), during the period from August 2000 to May 2001, carried out a total of 319anti-piracy inspections and other operations, involving the seizure of 38 computers for use of computer
programs without the necessary licence, 14,179 illicit videograms, 28,037 illicit phonograms, 22 dish
receivers and 73,152 copies of printed works.
In the field of industrial property, during the same period the Intellectual Property Department
of the National District Prosecutor's Office alone carried out 31 operations involving the seizure of
illicit material, and equally zealous efforts were made by the prosecution departments in the various
judicial districts of the country.  To ensure continued uniformity in the implementation of the law, the
necessary steps are being taken to establish the Intellectual Property Department, with national
jurisdiction, attached to the Office of the Attorney-General of the Republic.
D. 
FINAL CONSIDERATIONS
Mr Chairman, in view of the importance of intellectual property rights in today's world, the
Dominican Republic has tried out a major legislative reform involving the adoption of new
intellectual property legislation, combined with re gulatory and administrative provisions designed to
comply with the TRIPS Agreement.  Accordingly,  I reaffirm today that the Government of the
Dominican Republic has not only resolutely implemented the above-mentioned legislative andadministrative advances, but is committed to the arduous task of further developing a culture of
respect for and enforcement of intellectual property rights, both domestically and abroad.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 8
II. REPLIES TO THE QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement and throughout) have been implemented.
In relation to violations of copyright and related rights, Article 168 of the Dominican
Republic’s Copyright Law 65-00 establishes effective, fair and equitable procedures for proceeding
against any infringement of copyright, stipulating th at the right holder, his successors in title or their
contractual representative has the choice of three ways of initiating proceedings: civil, criminal and
administrative.
Civil proceedings
Civil actions may be brought before the civil and commercial division of the court of first
instance of the place of domicile of the defendant, the ordinary rules of procedure being observed
(Art. 176).
As a result of these proceedings, anyone who has violated moral or economic rights
recognized under the law will be liable to the right holder for injury caused by such violation,
regardless of whether or not he was aware of having committed the infringement (Art. 177).
According to Art. 102 of Regulation No. 362-01 implementing Law 65-00, unless there is evidence to
the contrary, the moral rights of the author will be understood to have been injured by the violation of
such rights, as well as by the mere infringement of any right of exploitation in the work, and
compensation for moral injury will be ordered without it being necessary to prove the existence ofeconomic injury.
If the right holder has good cause to fear the in fringement of his right or that the evidence of
infringement may disappear, he may request the court, without prior notification of the other party, to
order the attachment or sequestration of the illegal material, the proceeds of its sale and the equipment
used, as well as to request the immediate suspension of the unlawful activity and, in particular, anyunlawful reproduction, distribution, communication to the public or importation (Art.179).
Before the main action is brought, the holder may also request from the court a warrant for
the judicial inspection of the premises on which acts in violation of the law or its regulations are
presumed to be taking place or of goods and eq uipment passing through customs (Art.180).  In the
same warrant the court may order the attachment or sequestration of the unlawful material and the
equipment used to produce it, if there is found to be a serious presumption of infringement.
Inspectors from the National Copyright Office ( ONDA) may be ordered to participate in the
inspection (Art. 181).
The warrant will be executed despite any action for referral or appeal against it, and its
execution may not be opposed by the owner, tenant, occupant or person in charge of the place,
premises or commercial enterprise where the measure is enforced (Art.182).
If a main action for infringement has not been brought within 30 working days of the
enforcement of the measure, the court that ordered the measure may lift it, at the request of the party
against which it was enforced.
In the final judgement establishing the violation, the court may order that the copies
unlawfully reproduced or used and the means of reproducing them be destroyed or handed over to the
plaintiff (Art.183).  For the purpose of determining moral damages account will be taken of theIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 9
circumstances of the violation, the seriousness of the injury and the extent of unlawful dissemination
of the work, while for the purposes of determining economic damages account shall be taken of the
profits that would presumably have been made by the injured party if there had been no infringement,
the remuneration that he would have received if he had authorized exploitation, and all the profits,direct or indirect, made by the infringer as a consequence of the unlawful activity (Arts. 102 and 103
of Regulation 362-01).
Moreover, Law 65-00 has a chapter on border measures which provides for the suspension of
release if the right holder suspects the imminent importation or exportation of goods that infringe
copyright or related rights.  This measure can be ordered by the General Customs Directorate or the
competent office of the Fiscal Attorney, at th e request of a party or ex officio (Art.185). 
The requesting party and the importer must be notified of the duration of the measure within
five days so that they may bring an action for infringement or an action against the measure itself, as
the case may be.
Criminal proceedings
Articles 168 ff. of Law 65-00 establish the penalties for violators of the law and for all those
who order an unlawful act or arrange for it to be carried out, including the legal representatives ofcorporate entities, and all those who, knowing the act to be unlawful, take part in, facilitate or conceal
it.
These penalties include three months to three years of ordinary imprisonment and a fine of
from 50 to 1,000 minimum wages for those who in any way use (distribute, modify, reproduce,
communicate, etc.) a literary, artistic or scientific work, a performance, a phonographic production ora broadcast without the permission of the author or his authorized representative.  Article 169 gives a
long list of infringements that carry these penalties.
Moreover, Art. 170 provides for fines of from 10 to 50 minimum wages for those who, being
authorized to publish a work, do so without meeting the requirements of the law or who, in publishing
the work, engage in acts that go beyond those expressly authorized.
In cases of repeat infringements, the maximum prescribed penalties are applied and if the
unlawful act has seriously jeopardized the livelihood of the aggrieved party, the fines may be
increased to up to three times the amount of the mate rial damage caused.  If the infringer is insolvent,
the law provides for the imposition of a penalty of one day’s imprisonment for each peso left unpaid,
with a maximum of two years (Art. 172).
The court may never reduce the penalty below the permissible minimum, not even if there are
mitigating circumstances, and may order the unlawful reproductions and the materials and equipmentused for unlawful purposes to be confiscated and awarded to the right holder in the final judgement,
unless the latter requests their destruction; moreover, they may be provisionally seized without the
other party being notified or heard, at any stage of the proceedings (even before a criminal action is
brought), at the request of the aggrieved right holder (Art. 173).
Even before a criminal action is initiated, the Fiscal Attorney may carry out the investigations
or expert examinations necessary to determine the existence of infringing materials, without the other
party being present.
Cases involving infringements of this kind are heard by the ordinary criminal courts and the
proceedings are conducted in accordance with the C ode of Criminal Procedure.  A criminal actionIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 10
may be brought by anyone, and may be initiated ex officio, even if no information or complaint is
lodged, and a non-resident plaintiff does not have to provide judicatum solvi  security.
Administrative proceedings
Notwithstanding the effectiveness of the above-mentioned proceedings, Law 65-00 and its
implementing Regulation No. 362-01 grant the National Copyright Office (ONDA) extensive powers
to provide administrative protection for copyright and related rights, and to settle any disputes which
might arise.
The powers conferred on ONDA by Arts. 187 and 188 of Law 65-00 and Art. 107 of
Regulation 362-01 include:
- Managing, coordinating and supervising, on an administrative basis, the application
of the international laws, treaties and agreements in the field of copyright and relatedrights to which the Dominican Republic is party, and monitoring compliance.
- Organizing and administering the National Copyright Registry and legal deposits.- Authorizing, inspecting and overseeing the collective management societies and,
where necessary, applying the appropriate sanctions.
- Monitoring and investigating activities that could give rise to the exercise of
copyright or related rights, ex officio or at the request of a party.
- Filing, where appropriate, a criminal complaint, if it has knowledge of a suspected
offence.
- Issuing non-binding technical reports in civil and criminal proceedings, at the request
of a party or ex officio.
- Developing public awareness, education and training programmes in the field of
copyright and related rights.
- Ordering and carrying out inspections, preventive or precautionary measures,
including for the purpose of collecting evidence, whether at the request of a party or
ex officio.
- Applying, ex officio or at the request of a party, the administrative sanctions within
its competence, including warning, fining, seizing, and ordering the temporary or
permanent closure of any infringing establishment or the destruction of materials
seized, on the basis of a reasoned decision.
- Promoting the enforcement of its decision.- Establishing, by decision, the fees for the forms, certificates, registrations, copies,
abstracts and documents it processes or issues.
- Ordering, in its administrative capacity, ex officio or at the request of an aggrieved
right holder, the immediate cessation of unlawful activities, with powers to order
expeditious and effective provisional measures designed to prevent a violation of theIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 11
law and the introduction of infringing goods, including imports, into the channels of
commerce or to preserve any relevant evidence relating to the infringement.
- Organizing and administering the registration with ONDA of all importers,
distributors and suppliers of goods, services or equipment linked with copyright or
related rights, and its annual renewal.
- In the event of the communication to the public of a protected work, performance,
production or broadcast by an organizer or impresario without proper authorization,
notifying the infringer and prohibiting the use, performance, production or broadcast,
at the request of the right holder or the management society representing him, on painof the imposition of a fine or other sanction within its competence.
Moreover, to avoid lengthy proceedings, ONDA is authorized to intervene in disputes over
the enjoyment or exercise of copyright and related rights by providing conciliation and arbitration
services.
Conciliation can be arranged at the request of one or both of the parties to the dispute or ex
officio.  If it is not possible to reach a settlem ent through conciliation, ONDA will draw up a formal
statement recording the fact, leaving the parties free to take whatever legal action they consider
appropriate.
Arbitration can be arranged only at the request of the parties to the dispute.
2. What protection does your copyright legislation afford to "foreign works"?
The provisions on foreign works are contained in Article 8(3) and (4) of Law 65-00, where it
is stipulated that the following will be protected by the law on an equal footing with national works:
- The works of nationals of or persons domiciled in member countries of any of the
international treaties to which the Dominican Republic is party or to which it may
accede in the future.
- Works published for the first time in one of the member countries of such agreements
or treaties, or within 30 days of their first publication.
In the absence of an applicable international agreement, foreign works, performances,
phonographic productions and broadcasts will enjoy the protection of the law, provided that in the
country of origin effective reciprocity is granted to Dominican authors, performers, producers andbroadcasters, as the case may be.
3. How are plant varieties protected in the Dominican Republic and how does this
protection meet the obligations under the TRIPS Agreement?
As regards the protection of plant varieties, the relevant legislation is being reviewed by the
legislative authorities and should be promulgated shortly.  The promulgation of this law is provided
for in Article 2(2)(c) of the Industrial Property Law (20-00).
4. Please describe how the exclusions of subject matter from patentability under the patent
legislation of the Dominican Republic are consistent with the obligations under the TRIPS
Agreement.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 12
Article 2 of the Industrial Property Law provides for the exclusion of certain subject matter
from patentability in the following terms:
"Art. 2.- Subject matter excluded from patent protection.
(1) Subject matter that does not conform with the definition in Article 1 of this Law shall
be deemed not to be an invention and shall therefore be excluded from patent protection.  In
particular, the following are deemed not to be inventions:
(a) Discoveries which consist in making known something that already exists in
nature, scientific theories and mathematical methods;
(b) exclusively aesthetic creations;(c) economic or business plans, rules or methods and those relating to purely
intellectual or industrial activities or the playing of games;
(d) methods of presenting information;(e) computer programs;(f) diagnostic, therapeutic and surgical methods for the treatment of humans or
animals;
(g) any kind of living matter and substances pre-existing in nature;(h) juxtapositions of known inventions and mixtures of known products and
variations of their shape, size or materials, unless they are combined or fusedso that they cannot function separately or their characteristic qualities or
functions are modified to obtain an industrial result not obvious to a person
skilled in the art;
(i) products or processes already patented, put to a use different from that
contemplated in the initial patent.
(2)  The following inventions shall not be patentable or publishable:
(a) Those whose exploitation would be contrary to ordre public  or morality;
(b) those which are clearly contrary to human or animal health or could cause
serious prejudice to the environment;
(c) plants and animals, other than micro-organisms, and essentially biological
processes for the production of plants or animals other than non-biological
and microbiological processes.   New plant varieties shall be protected undera special law, in accordance with Article  27.3(b) of the TRIPS Agreement.
The exclusions in subparagraphs a), b), c), d), e), f), g), h) and i) of paragraph 1 are based on
the fact that the subject matter does not constitute an invention and therefore falls outside the scope of
the provisions of the TRIPS Agreement relating to patents.  Article 27.1 of the TRIPS Agreementrequires that patents be granted for inventions  (emphasis added).  Thus, there is no obligation to grant
patents for subject matter that is not an invention.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 13
With respect exclusion f), it is also based on the fact that the subject matter in question does
not satisfy the condition of industrial applicability.  Such an exclusion is consistent with Article 27.1
of the TRIPS Agreement, which requires inventions to  be capable of industrial application for a patent
to be granted, and Article 27.3(a) of the TRIPS Agreement, which expressly permits the exclusion of
this subject matter from patentability.
With respect to exclusion h), it is also based on the fact that the subject matter in question
does not satisfy the condition of inventive level, since it is obvious to a person skilled in the art.
Article 27.1 of the TRIPS Agreement requires inventions to involve an inventive step in order to
qualify for a patent.
With respect to exclusion i), it is also based on the fact that the subject matter in question does
not satisfy the condition of novelty since it consists of already patented products or processes which
could not be re-patented.  Article 27.1 of the TRIPS Agreement requires that inventions be new as a
condition for the granting of a patent.
The exclusions in subparagraphs a) and b) of paragraph 2) relate to subject matter whose
commercial exploitation would be prejudicial to ordre public , morality, the environment or health.
Such exclusions are permitted under Article 27.2 of the TRIPS Agreement.
The subject matter in subparagraph c) of paragraph 2) was excluded for reasons of
agricultural development policy.  Such exclusions are permitted under Article 27.3(b) of the TRIPS
Agreement.
3. How are plant varieties protected in the Dominican Republic, and how does such
protection accord with TRIPS obligations?
Law No. 65-00 establishes in paragraph 2(d) of Article 2, concerning non-patentable subject-
matter, that new plant varieties are regulated under a special law, in keeping with Article 23.3(b) of
the TRIPS Agreement.  In this connection, a Preliminary Bill on Protection of Plant Breeders Rights,
in conformity with the UPOV Convention, was submitted to the competent authorities (Secretariat of
State for the Environment and Natural Resources of the Dominican Republic) for subsequentsubmission to Congress.
4. Please describe how exclusions of subject-matter from patentability under Dominican
Republic patent legislation accord with TRIPS obligations.
Article 1 of Law 65-00 stipulates that anything not in keeping with the definition of an
invention (novelty, inventive step, industrial application) is not deemed an invention and, therefore, is
excluded from patent protection.
Article 2 of Law 20-00, in turn, establishes an exhaustive list of subject-matter excluded from
patent protection, in keeping more particularly with the provisions of Article 27 of the TRIPS
Agreement as well as other provisions of the Ag reement, such as Article 10, on computer programs
and compilations of data, which are protected as literary works and hence, under our legislation, are
excluded from patent protection.
"Article 2.  Subject-matter excluded from patent protection:IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 14
(1) Subject-matter that does not conform to the definition in Article 1 of this law shall be
deemed not to be an invention and shall therefore be excluded from patent protection.
In particular, the following are deemed not to be inventions:
(a) Discoveries which consist in making known something that already exists in
nature, scientific theories and mathematical methods;
(b) exclusively aesthetic creations;(c) economic or business plans, rules or methods and those relating to purely
intellectual or industrial activities or games;
(d) methods of presenting information;(e) computer programs;
(f) diagnostic, therapeutic and surgical methods for the treatment of humans or
animals;
(g) any kind of living matter and substances pre-existing in nature;
(h) juxtapositions of known inventions and mixtures of known products and
variations of their shape, size or materials, unless they are combined or fused
so that they cannot function separately or the characteristic qualities or
functions are modified to obtain an industrial result not obvious to a person
skilled in the art;
(i) products or processes already patented, put to a different use from that
contemplated in the initial patent.
(2) The following inventions shall not be patentable or publishable:
(a) Those whose exploitation would be contrary to ordre public  or morality;
(b) those which are clearly contrary to human or animal health or could cause
serious harm to the environment;
(c) plants and animals, other than micro-organisms, and essentially biological
processes for the production of plants or animals other than non-biological
and microbiological processes.  New plant varieties shall be regulated by a
special law, in accordance with Article 27.3(b) of the TRIPS Agreement".IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 15
III. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
Protection of public health and nutrition is a general principle, enunciated in the Constitution
of the Dominican Republic, that requires the State to ensure improved food and efforts to find the
requisite means to prevent and treat epidemic, endemic and any other diseases.
Consequently, all the economic and social legislation of the Dominican Republic is designed
to advance the public interest and the general welfare of the population.
In regard to intellectual property, the relevant provisions are set out in Article 46 of the
Industrial Property Law No. 65-00, which allows for the possibility of granting compulsory licences
for a patent on the grounds of public interest.
Similarly, to prevent abuse of intellectual property rights by right holders or the resort to
practices which unreasonably restrain trade or adversely affect the transfer of technology, as
established in TRIPS Article 8.2, Industrial Property Law 65-00 contains an entire section on
measures against unfair competition connected with industrial property.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement, which requires Members to comply with Articles 1 to 21 of the Berne Convention
and the Appendix to the Berne Convention (1971)
The introductory paragraphs to Law 65-00 establish that, under Resolution 2-95 of
20 January 1995, the Dominican Republic ratified the Marrakesh Agreement, which includes the
TRIPS Agreement, and in this connection our law is based on and fulfils Article 9 of the TRIPS
Agreement, which requires Members to observe Articles 1 to 21 of the 1971 Berne Convention.  In
addition, the Congress of the Dominican Republic independently ratified the 1971 Berne Convention,
for which reason the Convention is binding in our country.
Article 2 of the Berne Convention establishes protection for works and defines and classifies
them.  Dominican legislation includes these provisions, in the same form, in Article 2 of Law 65-00.
Under Article 2 bis of the Convention, States are entitled to establish protection for certain
works, such as speeches, lectures and addresses.  Our law protects them as creations within the
meaning of Article 2.
The criteria for the protection of works set out in Article 3 of the Convention (nationality of
the author, place of publication and author's residence) are also provided for in Article 8 of our law.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 16
The protection of works in non-member countries is governed, in the absence of international
agreements between the countries, both in Article 6 of the Berne Convention and in Article 8.1 of
Law 65-00, by the principle of reciprocity.
The period of protection established in Article 7 of the Convention is set out in Articles 21
to 29 of Law 65-00.  The Berne Convention grants the author protection for the whole of his life and
50 years after his death;  it is the same in Dominican legislation.  Law 65-00, like the Convention,
protects literary, artistic and scientific works, the latter in their literary or artistic form, in general
terms, as well as audiovisual works, performers, phonogram producers and broadcasting
organizations.
Under the Berne Convention, the authors or owne rs of literary or artistic works enjoy the
exclusive right to authorize the translation of their works as long as their rights in the work exist.
Under Article 19 of Law 65-00, the authors of scientific, literary or artistic works and their successors
in title have the right to authorize or prohibit the translation of their works into any language or
dialect, and these translations, under Article 6 of the same law, will be protected as independentworks, without prejudice to the copyright on the init ial work, insofar as they constitute an original
creation.
The exclusive right to authorize or prohibit the reproduction of the work granted to authors in
Article 9 of the Convention is also accorded in Article 19 of our law, in any manner or form, just asthe author has the right to authorize or prohibit any other form of use of the work (translation,
modification, inclusion in audiovisual works, phonograms or any kind of material medium,
distribution to the public and communication to the public, this list not being exhaustive).
The right to use the work in certain cases, provided for in Article 10 of this Convention, is
established in Articles 30 to 48 of Law 65-00 as exceptions to and limitations on copyright and may
be applied only in such a way as not to interfere with the normal exploitation of the work or cause
unjustified harm to the interests of the holder of the corresponding right (right to make quotations,
reproduction by reprographic means for teaching purposes, news and current events reporting, private
copies, etc.).
Article 10 bis of the Convention extends the right to use the works to articles and broadcast
works, as well as to works seen or heard in the course of the reporting of current events, and this has
been included as limitations on copyright in Articles 33 and 34 of our law.
Article 11 of the Convention concerns the rights in dramatic and musical works, that is to say,
the rights of the authors of works of this kind to authorize their:
- Public performance;- communication of the performance to the public by any means;
- translation.
In this respect, our law establishes the same rights in Article 19.As regards Articles 11 bis, 11 ter and 12 of the Berne Convention, which cover the exclusive
right to authorize the broadcasting or communication to the public, public recitation and adaptation,
arrangement or the alteration of their work, the same right is covered in Article 19 (paragraphs 6, 2
and 3) of our law.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 17
The communication of musical works to the public, as covered in Article 13 of the Berne
Convention, is dealt with in the same way in Articles 128 and 129 of our law and, as in the
Convention, they establish that the transmission of the musical work, with or without words, by wire
or wireless means, must be authorized in advance by the right holder.
With respect to Articles 14 and 14 bis of the Convention, which concern the author's
exclusive right to authorize the cinematographic adaptation and reproduction of his works and the
distribution and performance of the works thus adapted or reproduced, while protecting the
cinematographic work as an original work and including among the owners all the authors who have
brought contributions to the making of the work, all these provisions can be found in our law, in
Articles 58 to 72, under the general heading of audiovisual works.
The droit de suite  (Article 14 ter of the Convention) is incorporated in Article 17 and
Article 78, paragraph, of Law 65-00.
In accordance with Article 15 of the Convention, the author has the right to enforce the
protected rights and, accordingly, both the Convention and Law 65-00 (Art. 4) establish a
presumption to the effect that the person whose name, pseudonym, initials or conventional marks or
signs well known as corresponding to his name, appear on the work as the author of the work, in the
absence of proof to the contrary.
Under Article 16 of the Berne Convention, member States may seize infringing copies,
including imports.  Law 65-00 establishes a procedure whereby a copyright holder may request a civil
court to issue a writ ordering the inspection of premises on which it is suspected that violations of the
law are being committed and to authorize the preventive seizure of unlawful copies and the equipment
employed for making or using them.  This procedure, like suspension of the customs release of goods,can also be applied to goods and equipment passing through customs for import or export (border
measures).  For its part, the National Copyright office (ONDA) is entitled to order and carry out
inspections, preventive measures, including the gathering of evidence, upon request, by the
corresponding management company, or even ex officio  (Art. 187.7) and to retain any unlawful
equipment detected, including equipment for unauthorized use and relevant documents (Law 65-00,
Art. 188.2 (e)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
As stipulated in Article 10 of the TRIPS Ag reement, Articles 73, 74 and 75 of Law 65-00 on
copyright covers protection of computer programs and databases, as follows:
Article 73 defines a computer program producer as a person, whether natural or legal, who
takes the initiative and responsibility in the production of the work.  This article establishes a
presumption, in the absence of the evidence to the contrary, that the program producer is the person
who is indicated as such in the usual way.
In the absence of stipulations to the contrary, it is presumed that the authors of the computer
program have assigned the exclusive economic rights, including the right to make or authorize
adaptations or versions of the work, to the producer, without limitation and for as long as they
continue to exist.
Exceptions to the exclusive right granted to the producer to reproduce computer programmes
are provided for in Article 74.  Article 75 clearly defines the kinds of user licences for computer
programs and databases.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 18
Article 2.1.2 establishes protection for compilations of data that constitute intellectual
creations.  This protection does not extend to the data or material itself, without prejudice to any
copyright existing in the works which may form th e subject-matter of the database or compilation.
Articles 34 to 40 of Regulation No. 36 2-01 of 14 March 2001, implementing Law 65-00,
explain in detail the protection which the Law accords to computer programs and databases.
4. Please state whether new legislation provides for a rental right and, if so, the works to
which it applies.
Computer programs are works protected by c opyright under Article 2(11) of the Copyright
Law.  Accordingly, they are subject to the provisions of Article 19(5) of the Copyright Law, which
gives the authors of works and their successors in title, among other things, the exclusive right to
authorize or prohibit the distribution to the public of the original or copies of the work by sale, rental,
or any other means.
With respect to cinematographic works, Article 66(2) and Article 61(1) of the Copyright Law
stipulate that the producer of an audiovisual work shall have, among other things, the right to
distribute copies of the audiovisual work by sale, rental or any other means.
Additionally, in general Article 71(7) extends protection of the economic rights of authors of
scientific, literary or artistic works to any means of  use of the work, whether known or to be known in
the future.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Article 135 of the Copyright Law establishes that performers have the exclusive right to
authorize or prohibit:
(1) The fixation of their unfixed performances;
(2) the reproduction of fixations of their performances, by any means or process;
(3) the communication of their performances to the public, except where the performance
in itself constitutes a broadcast performance;
(4) the distribution to the public of the original or copies that contain their performance
fixed in a phonogram, by sale, rental or any other means.
Again, Article 140 establishes the moral right of performers to link their name or pseudonym
to the performance and to prevent any distortion that might be detrimental to their honour orreputation.
As for phonogram producers, Article 141 of the Copyright Law establishes that they have the
right to authorize or prohibit:
(1) The reproduction, direct or indirect, temporary or permanent, of their phonograms, by
any means or process;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 19
(2) the distribution of the original or copies of their phonograms to the public, by sale,
rental or any other means;
(3) the making of their phonograms available to the public, by wireless or wireless
means, in such a way that members of the public have access thereto in the place and
at the time of their choosing.
Similarly, the producer of a phonogram that has been published for commercial purposes or a
reproduction of which is used in any manner for communication to the public shall be entitled to
receive from the user a fair one-off remuneration.  The phonogram producer shall pass on half of the
sum he receives to the performers or their repr esentatives (Articles 142 and 143 of the Copyright
Law).
Under 144 of the Copyright Law, broadcasting organizations enjoy the exclusive right to
authorize or prohibit both the transmission and fixation of their broadcasts, as well as the reproduction
of a fixation of their broadcasts where:
(a) The fixation from which the reproduction has been made has not been authorized;
and
(b) the broadcast has initially been fixed in accordance with the provisions of the law, but
the reproduction is made for purposes other than those indicated.
Broadcasting organizations are also entitled, like phonogram producers, to equitable
remuneration for the public communication of their broadcasts, where the broadcast is made in places
to which the public has access by the payment of an admission or entry fee.
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in the light of Articles 13 and 14.6 of the TRIPS Agreement.
Copyright Law 65-00 contains an entire Title (section) on limitations and exceptions to
copyright in keeping with the provisions of  the Berne Convention and the Rome Convention.
This Title is divided into three chapters which exhaustively establish the limitations and
exceptions permissible by law, namely, Chapter I:  General Provisions; Chapter II:  Licences to
Translate and Reproduce Foreign Works; Chapter III:  Limitation of Copyright on Grounds of Public
Interest.  This Title covers Articles 30 to 48 of Law 65-00.
A relevant provision is found in Article 30 of the Copyright Law, which specifies that
copyright limitation and exceptions are interpreted restrictively and may not be used in such a way as
to conflict with a normal exploitation of the work and do not unreasonably prejudice the interests of
the right holder, which is completely in conformity with TRIPS Article 13.
7. Please state the terms of protection of each right described above and the work or
subject-matter to which it applies.
The term of protection of economic rights is established in Chapter III of the Copyright Law.
Generally speaking, the author's rights belong to the author during his lifetime or that of his spouse,
heirs or successors in title for 50 years from the date of the author's death.  This term of protection
was extended to 70 years for audiovisual works.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 20
In regard to performers, Article 29 grants protection for fifty (50) years from 1 January of the
year following the death of the right holder.  In the case of orchestras, choirs and other performing
groups, the term of protection is fifty (50) years from the 1 January of the year following that of the
performance or its fixation, as the case may be.
The term of the rights of phonogram producers is 50 years from 1 January of the year
following the year of the fixation.
The protection of broadcasting organizations is 50 years from 1 January of the year following
that of the broadcast.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
The final, derogation and interim provisions of Copyright Law No. 65-00 establish retroactive
protection in accordance with Article 18 of the Berne Convention, to which the Domincan Republic is
a signatory.  In this connection, Law 65-00 stipulates the following:
"Article 190.  Rights over works  protected in accordance with the requirements of Law
No. 1381 of 1947 and Law 32-68 1986 (previous intellectual property laws) shall enjoy thelonger terms of protection established in the present law.
Article 191.  Rights over the works of nationals and aliens resident in the country that did not
enjoy protection under Law 1381 of 1947 because they had not been registered and fell into
the private domain under  Law 32-86 shall also automatically enjoy the protection accorded by
the present law, without prejudice to rights acquired by third parties prior to the entry into
force thereof."
C. 
TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
which conditions it is protectable .
Chapter II of the Industrial Property Law sets out the definition of the various distinctive
signs protected by the Law (mark, collective mark, certification mark, tradename, label, emblem,
geographical indication, appellation of origin, well-known distinctive sign).
Article 70(g) defines distinctive signs as any sign constituting a mark, trade-name, label or
emblem.
In accordance with Article 70(a) a trademark constitutes any visible sign for distinguishing
the products or services of other undertakings.
The Industrial Property Law establishes in Article 72 a non-exhaustive list of signs deemed to
be trademarks, namely, words, fanciful denomin ations, names, pseudonyms, commercial slogans,
letters, numerals, monograms, figures, portraits, labels, badges, impressions, vignettes, borders, lines
and stripes, combinations and arrangements of colours or three-dimensional shapes.  They may also
consist of the shape or presentation of the products or their packaging or wrappings or the means orplace of retail sale of the corresponding products or services.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 21
From the definition and from the list in Article 72 it can be inferred that, for a trademark to be
registered under the terms of the Industrial Property Law, the sign must be sufficiently distinctive and
such as to be capable of graphic representation.
The right to exclusive use of a trademark is acquired only by registration, as established in
Article 71 of the Industrial Property Law.  However, priority use is established whenever such use in
the Domincan Republic has been uninterrupted and in good faith for a period of more than
six months.
10. Please confirm whether or not services are a protectable subject-matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable .
Under the definition of a trademark contained in Article 70(a) of the Industrial Property Law,
services also constitute protectable subject-matter.
Article 70(d) also establishes the definition of a trade name as a name, appellation,
designation or abbreviation identifying an undertaking or establishment.
The acquisition of the right to a trade name, the conditions of protection and the procedure for
registration are set out in Chapter V, Section I, of the Industrial Property Law, which, inArticles 113 to 120 concerns trade names.
Sounds, perfumes and containers may be registered provided they meet the requirements
regarding graphic representation and sufficient distinctiveness.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect .
Article 70.2 establishes that, where a person has been using a mark in the Domincan Republic
without interruption and in good faith, from earliest date, for a period of more than six months, he
shall have priority in obtaining registration.  If the mark is not in use in the country, the person firstfiling the application shall have priority.
In addition, Article 73.2 establishes that, without prejudice to the provisions of paragraphs (c),
(d) and (e) of the same Article, concerning marks not registerable for reasons intrinsic to the sign, a
mark may be registered when it is found that, because of constant use in the Domincan Republic, ithas acquired in commercial circles and among the public a sufficiently distinctive character to warrant
protection as a trademark for the products or services to which it applies.
Article 74, concerning marks not registerable by reason of third-party rights, sets out in
paragraph (b) cases in which a sign for registration is identical or similar, in a way which might leadto confusion, to a mark that has not been registered but is being used by a third party and would have
a better right to registration, provided the mark is for the same products or services, or for products or
services that are different but liable to be associated or linked to those distinguished by the mark used.
Article 94 of the Industrial Property Law sets out the definition of the use of a mark.   In this
connection, a trademark is considered to be in use when the goods or services it distinguishes have
been placed in circulation or are available on the domestic market under that trademark in the normal
form and quantity, due account being taken of the size of the market, the product concern, the nature
of the goods or services and the methods used for marketing them;  a mark is also in use when it isIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 22
utilized for products intended for export from nati onal territory or for services supplied abroad from
national territory.
The same article establishes that there shall be no reason to cancel the registration or to
reduce the protection of the trademark if the trademark is used in a form different from the form in
which was registered, only in regard to elemen ts that do not alter the distinctiveness thereof.
The Industrial Property Law establishes in Article 93 that registration of a trademark may be
cancelled for failure to use it in the country during an uninterrupted period of three years preceding
the date on which the action for cancellation is initiated.  The application to cancel may be filed by
any interested party and shall not apply until three years have elapsed from the date of the registrationof the trademark.
The article also establishes that, in the case of justifiable reasons for failure to use a
registration, it shall not be cancelled.  To this end, Article 95 establishes that justifiable reasons for
failing to use a trademark are those based on facts or circumstances alien to the will of the owner ofthe trademark and which he has been unable to avoid or remedy.  However, inadequate financial and
technical resources to engage in productive or trade activity and inadequate demand for the product or
service distinguished by the trademark shall not be deemed to be as justifiable reasons.
The burden of proof concerning the use of the trademark lies with the owner of the trademark,
in accordance with the provisions of Article 96 of the Industrial Property Law.  Use of the trademarks
shall be proved by any evidence admissible in law demonstrating that the trademark has been used in
accordance with Article 94.
Any evidence of use of the trademark submitted for the purposes of the Law shall have the
value of a sworn declaration and the owner of th e trademark shall be responsible for the veracity
thereof.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable .
The Domincan Republic's Industrial Property Law allows the registration of a trademark to be
indefinitely renewable.
In principle, the registration of a trademark expires ten years after the date of the granting of
registration (Article 81).  However, a trademark registration may be renewed for successive periods of
ten years as from the date of expiry of the previous period.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark .
See the response to Question No. 11 regarding the definition of use and the conditions under
which the trademark is considered to be in use.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication .
A national or foreign geographical indication may be registered as a trademark provided it is
sufficiently arbitrary and distinctive with respect to the products or services to which it is applied andIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 23
its use is not liable to create confusion with regard to the origin, source, qualities or characteristics of
the goods or services for which the trademark is used, in accordance with the terms of Article 72,
concerning signs deemed to be trademarks.
For the purpose of strengthening the provisions of Article 73, concerning trademarks not
registerable for reasons intrinsic to the sign, it is established that no sign may be registered as a
trademark if it is covered by any of the prohibitions in that Article, namely:
(j) Signs which reproduce or imitate an appellation of origin registered in conformity
with this Law for the same products, or for different products if there is any risk of
confusion regarding the origin or other characteristics of the products, or a risk ofunfair use of the prestige of the appellation of origin or consist of a geographical
indication not in conformity with Article 72.2.
15. Please give the definition of a geographical indication in your legislation.
Article 70, concerning distinctive signs, defines in paragraph (h) a geographical indication as
any name, appellation, expression, image or sign directly or indirectly indicating that a product or
service is from a specific country, group of countries, region, locality or place.
It follows from this definition that, in our legislation, a geographical indication is used as a
generic term, designed broadly to encompass any sign indicating the source or origin of a product orservice.  In this respect, Chapter VI of the Industrial Property law has two sections:  Section  I, on
geographical indications in general, and Section II, on appellations of origin, defined as a type of
geographical indication.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
The definition of an appellation of origin contained in Article 70(i) of the Industrial Property
Law established a link between the characteristics of a product and its geographical origin.  The
article establishes that an appellation of origin is taken to mean a geographical indication consisting of
the name of a country, region or specific place used to describe a product originating therein, whose
quality, reputation or other characteristic is essentially due to the geographical environment in which
it is produced, including natural and human factors; a name which, without being a geographical nameidentifying a product as originating in a country, region or place shall also be considered as an
appellation of origin.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
The legislation in the Dominican Republic affords the same high level of protection for all
geographical indications and appellations of origin, without discrimination as to the type of product to
which the indication or appellation applies.  In this respect, all geographical indications enjoy
protection in accordance with the highest level mentioned in TRIPS Article 23.
Directly relevant is Article 124 of the Industrial Property Law, which stipulates that a
geographical indication may not be used in the course of trade in relation to a product or service if that
indication is false or misleading with respect to the origin of the product or service or if it might create
confusion in the mind of the public with respect to the origin, quality, source, characteristics or
properties of the product or service.  The use of a geographical indication to identify wines orspirituous beverages for products of that kind which do not originate in the place designated by theIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 24
geographical indication constitute a false geographical indication and is therefore prohibited under
Article 24 of the Law.
Also relevant are the following provisions of the Industrial Property Law:"Article 73.  Trademarks not registerable for reasons intrinsic to the sign.(1) No sign may be registered as a trademark if it is covered by any of the following
prohibitions:
(i) It may mislead trade circles or the public as to the source, nature, method of
manufacture, properties, suitability for use or consumption, quantity or any other
characteristic of the products or services concerned;
(j) it reproduces or imitates an appellation of origin registered in conformity with this
Law for the same products, or for different products if there is a risk of confusion asto the origin or other characteristics of the products, or a risk of unfair use of the
prestige of the appellation of origin, or it consists of a geographical indication that
does not comply with the provisions of Article 72.2;".
"Article 126.  Proceedings against the improper use of geographical indications.Any interested party, and in particular producers, manufacturers and craftsmen, consumers
and the Office of the Attorney-General may initiate proceedings, individually or jointly,
before the competent authorities for any purpose relating to the enforcement of the provisions
of Article 124."
Moreover, Article 134, regulating the cancellation of the registration of an appellation of
origin, allows any third party to request the cancellation of such registration if it violates Article 128.
"Article 134.  Cancellation of the registration of an appellation of origin.(1) At the request of any of the parties mentioned in Article 126, the Industrial Property
Registry shall declare the registration of an appellation of origin null and void if it is shown to be
covered by any of the exclusions set out in Article 128.
(2) At the request of any of the parties mentioned in Article 126, the Industrial Property
Registry shall cancel the registration of an appellation of origin if it is shown that the properties orcharacteristics indicated in the registration with respect to the products designated by the appellation
of origin do not correspond to those of the products placed in circulation under that appellation.
Nevertheless, interested parties may request re-registration if they consider that the conditions for
protection have been restored."
Subparagraphs (b), (c) and (d) of Article 166 establish the penalties for breaches of the Law:
"Article 166.  Penalties.A penalty of three months' to three years' imprisonment or a fine of 10 to 50 minimum wages,
or both, shall be incurred by anyone who wilfully:
(b) Without the consent of the owner of th e distinctive sign performs any of the
following acts in relation to a trade name, label or emblem:IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 25
(i) Makes commercial use of an identical distinctive sign, for an identical or
related business;
(ii) makes commercial use of a similar distinctive sign when it is likely to create
confusion;
(c) makes commercial use in relation to a product or service of a geographical indication
that is false or likely to mislead the public as to the origin of that product or service or
as to the identity of the producer, manufacturer or supplier of the product or service;
(d) makes commercial use in relation to a product of a false or misleading appellation of
origin, or an imitation of an appellation of origin, even where the true origin of the
product is indicated, or the appellation is used in translation or accompanied by
expressions such as "type", "kind", "style", "imitation" or the like;
PARAGRAPH.  Liability for the acts describe d above extends to persons who order them or
arrange for them to be carried out, the legal representatives of corporate entities and all those
who, knowing the act to be unlawful, take part in, facilitate or conceal it."
Under Article 177(c) an infringement of geographical indications constitutes an act of unfair
competition and therefore any third party may institute the proceedings specified in law.  This
provision is supplemented by Article 183 of the same law.
"Article 177.  Unfair competition relating to distinctive elements of an enterprise.
The following, inter alia , constitute acts of unfair competition:
(c) Using or propagating indications or claims liable to mislead to induce error with
respect to the commercial source, geographical origin, nature, method of
manufacture, suitability for use or consumption, quantity or other characteristics of
one's own products or services or those of another;
Article 183.  Proceedings against an act of unfair competition.
(1) Anyone who considers himself to have been injured by an act of unfair competition
may initiate proceedings before the competent judicial authority.
(2) In addition to the person directly injured by the act, any association, federation, union
or other entity representing a professional or business group or consumers shall be
entitled to bring proceedings if its members' interests are adversely affected."
18. Please explain how the exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
Law 20-00 sets out the following exceptions permissible under TRIPS Article 24:
- Article 71.2 sets out the exception provided for in TRIPS Article 24.5;
- the exception in TRIPS Article 24, paragraph 6, first sentence, is set out in
Article 73(d);IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 26
- Article 74(e) of Law 20-00 sets out the exception in TRIPS Article 24.8.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
Article 55 of the Industrial Property Law, concerning subject-matter excluded from protection
of industrial designs, establishes that an industrial design shall not be protected if its aspect is
determined solely by a technical function and does not incorporate any arbitrary contribution by thedesigner.
Under the definition of an industrial design set out in Article 54 of the Industrial Property
Law, textile designs are protected.  The article establishes that an industrial design shall be considered
to be any combination of lines or colours or any external two-dimensional or three-dimensional form
which is incorporated in an industrial or crafts product to give it a distinctive appearance without
changing the purpose or end-use of the product.
20. Please explain how your legislation protec ts right holders of a design against the
importing of articles bearing embodied or copied design.
Article 59 of the Industrial Property Law, concerning the scope of the protection conferred by
the law on industrial designs, establishes that the right holder of an industrial design shall be entitled
to exclude third parties from exploitation of the design.  Accordingly, the right holder is entitled to act
against any person who, without his authorization, manufactures, sells, offers for sale or uses, imports
or stores for any of such purposes a product that  reproduces or embodies the protected industrial
design or whose appearance gives an overall impression similar to that of the protected industrial
design.
The article also stipulates that any one of the above acts is not deemed lawful simply because
the reproduced or embodied design applies to a type or kind of product different from those indicated
in the registration of the protected design.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial design.
Industrial Property Law No. 20-00 does not include a compulsory licensing system for
industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Article 67 of the Industrial Property Law establishes a period of five years' protection for
industrial designs, as from the date of filing the relevant application with the National Industrial
Property Office.
The registration may be extended for two further periods of five years each, by payment of
the requisite extension fee.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 27
F. PATENTS
23. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
Under Articles 3, 4, 5 and 6 of Law No. 20-00 (Industrial Property Law), on the requirements
for patentable inventions, an invention is novel when it does not exist in the previous state of the art
(Article 5).  An invention involves an inventive step if, for a specialized person or an expert in the
technical subject-matter, the invention is not obvious, does not obviously derive from the relevant
state of the art (Article 6).  An invention is industrially applicable when its purpose can be produced
or utilized in any type of industry.  To this end, the expression industry is taken in its broader sense
and includes, inter alia , craftsmanship, agriculture, mining, fisheries and services.
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Generally speaking, anything not in keeping with the definition of an invention established in
the law (novelty, inventive step, industrial application) is not deemed to be an invention and is
excluded from patent protection.
Article 2 of Law 20-00, for its part, establishes an exhaustive list of subject-matter excluded
from patent protection, in keeping more particularly with the provisions of TRIPS Article 27, as well
as other provisions of the same Agreement, such as Article 10 on computer programs and
compilations of data, which are protected as literary works and, in our legislation, are therefore within
the subject-matter excluded from patent protection.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
This exclusion from patentability is established in Article 2, paragraph 2(a), which stipulates
that inventions contrary to ordre public  or morality shall not be patentable or publishable.
The Dominican Republic has no practical experience in this respect.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
This exclusion from patentability is set out in Article 2, paragraph 1(f) of Law 20-00, which
stipulates that therapeutic or surgical methods for the treatment of human beings or animals as well as
diagnostic methods are not considered as inventions and are therefore excluded from patent
protection.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Plants, animals and essentially biological processes are excluded from patentability in
accordance with Article 2, paragraph 2(c) of Law 20-00.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 28
The formulation of this subparagraph in our legislation is wholly in keeping with TRIPS
Article 27.3(b).
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant section of your legislation.
Micro-organisms, non-biological  processes and microbiological processes may be patent
protected, in accordance with the provisions of Article 2, paragraph 2(c) of Industrial Property
Law 20-00, which stipulates:
"Article 2.  Subject-matter excluded from patent protection.
(2) The following inventions shall not be patentable or publishable:(a) Those whose exploitation would be contrary to ordre  publique  or morality;
(b) those which are clearly contrary to the health or life of human beings or animals or
capable of causing serious harm to the environment;
(c) plants and animals, other than micro-organisms, and essentially biological processes
for producing plants or animals, othe r than non-biological or microbiological
processes.  New plant varieties shall be regulated by a special law, in accordance withTRIPS Article 27.3(b) of the TRIPS Agreement".
The Regulation implementing Law 20-00, Regulation No. 408-00, establishes the following
procedure for the deposit of micro-organisms and biological substances:
Article 6.  Deposit of biological  material and micro-organisms.
Until the institutions for receiving deposits of biological material needed to describe
applications relating to micro-organisms are designated, applicants may deposit such material
with any of the international deposit authorities recognized by the Budapest Treaty on
International Recognition of the Deposit of Micro-Organisms for the Purposes of Patent
Procedure, of 28 April 1977.
In any event, such deposit institutions must satisfy the following conditions:
(1) They must be permanent;(2) they must not be under the control of the depositors;(3) they must have the appropriate personnel and facilities to check the relevance of the
deposit and guarantee storage and preservation without risk of contamination;
(4) they must provide the security measures necessary to minimize the risk of loss of
biological material".
As for the protection of new plant varieties, a Preliminary Bill on Protection of Plant Breeders
Rights, in conformity with the UPOV Conventi on, was submitted to the competent authorities
for consideration in March 2001.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 29
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
The protection of patent right holders against acts by third parties is established in Article 29
of Law 20-00.
"Article 29.  Rights and protection conferred by a patent.(1) A patent shall confer on its owner the right to exclude third parties from exploiting
the patented invention.  Thus, with the limitations for which this Law provides, the
patent holder shall have the right to proceed against anyone who, without hisauthorization, performs any of the following acts:
(a) Where the patent has been granted for a product:
(i) Makes the product:(ii) offers for sale, sells or uses the product or imports or stocks it for any
of these purposes.
(b) Where the patent has been granted for a process:
(i) Uses the process(ii) performs any of the acts indicated in subparagraph (a) with respect to
a product obtained directly by using the process".
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the affi rmative, please indicate the legal reference.
From the definition of an invention in Article 1 and the patentablilty requirements set out in
Article 3 of Law 20-00, it can be inferred that our legislation protects by means of a patent any
invention, whether a product or a process, in all fields of technology, provided they are novel, involvean inventive step and have an industrial application.
In particular, Article 4 of Law 20-00, in defining the meaning of an industrial application,
establishes that the term industry is to be taken in its broadest sense and includes, inter alia , crafts,
agriculture, mining, fisheries and services.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Under Law No. 20-00, the patent protection of a process also covers the product obtained
directly by that process.  In this respect, a relevant provision is to be found in Article 29,
paragraph (ii)(b), on the rights and protection conferred by the patent (see response to Question
No. 29).
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prior informed consent to its use).  If such
additional conditions exist, please point out to the relevant legislation and describe the
additional conditions in detail.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 30
The Dominican Republic is a signatory of th e Convention on Biological Diversity (CBD),
which is based on the fundamental premise that States have sovereign rights over the biological
diversity in their territories (preamble and Article 15, paragraph 1).  The CBD also recognizes thatgovernments can regulate access to those resour ces in accordance with their national legislation
(Article 15, paragraph 1).  Again, it specifies that access to genetic resources shall be subject to the
prior informed consent of the Party to the CBD and shall be granted on mutually agreed terms (CBD
Article 15, paragraphs 4 and 5).
Law No. 64-00, on the Environment and Natural Resources, dated 18 August 200, sets out the
provisions of the CBD.  In this respect, for the purposes of the requisite authorization for access togenetic resources, several provisions of the law are relevant:
Article 3 establishes that natural resources and the environment are the common heritage of
the nation and essential to the country's sustainable development.  Article 4 of the law goes on to
specify that conservation, protection, restoration and sustainable use of natural resources, theenvironment and the assets that form the national and cultural heritage are declared to be of national
interest.
Article 17 establishes that the functions of the Secretariat of State for the Environment and
Natural Resources is to carry out and organize the inventory of national biodiversity and geneticresources, as well as to draw up and implement the national biodiversity conservation strategy.
Chapter IV of the law, on environmental assessment, sets out in Article 41 a non-exhaustive
list of projects or activities that call for submission of an environmental impact assessment.  It also
specifies that the Secretariat of State for the Environment and Natural Resources will establish thecriteria to determine whether the project, work or activity requires environmental permission and
therefore the interested party is required to submit an environmental impact declaration, or whether
environmental licensing is required, in which case the interested party, must submit an environmental
impact study.
Article 43 specifies that the environmental licensing and permits process is to be administered
by the Secretariat of State for the Environment and Natural Resources, in coordination with theappropriate institutions, which shall be required to consult the environmental impact studies.
Chapter V of Law 64-00 establishes in Article 51 that, without prejudice to intellectual
property rights, anyone engaged in research, work or activity relating to the environment and natural
resources shall provide a copy of the research or study to the Secretariat of State for the Environmentand Natural Resources.
Article 141 of Chapter VI, on biological diversity, establishes that genetic resources are
natural resources.  The Sectoral Bill on Biodiversity required under this Article is the law that will
exclusively regulate all matters pertaining to access to genetic resources.  In this respect, it should benoted that in July this year a preliminary bill was submitted to the competent authorities for their
consideration.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to a relevant legislation.
The exceptions to the exclusive rights conferred by a patent are established in Articles 30 and
31 of Law 20-00.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 31
"Article 30.  Limitation and exhaustion of patent rights.
A patent does not give the right to prevent:
(a) Acts performed in a private environment and for non-commercial purposes;
(b) acts performed exclusively for experimental purposes with respect to the patented
invention;
(c) acts performed exclusively for the purposes of teaching or scientific or academic
research;
(d) the sale, rental, use, usufruct, importation or any other mode of marketing of a
product protected by the patent or obtained by the patented process, once that producthas been introduced into the commerce of an y country, with the consent of the owner
or a licensee or in any other lawful way.  Products or processes that infringe the
Industrial Property Law shall not be deemed to have been lawfully introduced;
(e) acts mentioned in Article 5 of the Paris Convention for the Protection of Industrial
Property;
(f) where the patent protects biological material capable of being reproduced, the use of
that material as the basis for obtaining a viable new biological material, except where
the patented material must be used repeatedly to obtain the new material;
(g) those uses which are necessary to obtain sanitary approval and to market a product
after the patent protecting it has expired;
"Article 31.  Rights of the prior user of the invention.
(1) The rights conferred by the patent may not be asserted against anyone who, in good
faith and before the filing date or, where applicable, the priority date of the
corresponding patent application, was already producing in the country, the productor using the process constituting the invention, or had made effective and serious
preparations for such production or use.
(2) Such a person shall have the right to continue producing the product or using the
process as before, or to begin production or use as planned.  This right may only be
assigned or transferred together with the business or establishment in which the
product or process is being or is to be produced or used."
34. Please explain whether or not your legislatio n provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Under Industrial Property Law No. 20-00, and pursuant to the provisions of TRIPS Article 31,
our legislation provides for compulsory licensing.  Law 20-00 has an entire section on the subject
(Section IV:  Compulsory licensing and other measures concerning the use of the patent, Articles 39
to 48).IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 32
Articles 40 to 47 of Law 20-00 set out four ways or conditions in which a compulsory licence
may be granted, under certain specifically established requirements.  Consequently, our legislation
does not consider individual merits in granting a compulsory licence.
The requirements in Dominican law for granting a compulsory licence are the same as those
in TRIPS Article 31, namely, refusal by the right holder to grant a licence on reasonable commercial
terms and conditions;  prior hearing of the right holder by the representative of the National Industrial
Property Office;  the right holder shall be paid adequate remuneration;  licences shall not be
exclusive;  they shall be granted predominantly for the supply of the domestic market;  the
compulsory licence may be wholly or partly revoked by the competent court at the request of the right
holder.
"Article 40.  Compulsory licences.(1) Where a potential user has made efforts to obtain a licence from the patent owner on
reasonable commercial terms and conditions and such efforts have not beensuccessful within two hundred and ten (210) days of the licence being requested, the
National Industrial Property Office, after hearing the owner, may issue compulsory
licences in relation to that patent.
PARAGRAPH.  Wherever warranted, the Na tional Industrial Property Office shall
grant compulsory licences if the interested party can show:
(a) That he possesses the technical and economic capacity to undertake the use in
question.  His technical capacity shall be assessed by the competent authority,
in accordance with the specific national provisions in force for each branch ofactivity.  Economic capacity shall be understood to mean the ability to fulfil
the obligations arising out of the working of the patent;
(b) Where the patent relates to a raw material from which it is intended to
develop a finished product, that the applicant is able to develop the finished
product himself or through third parties in the Dominican Republic, except in
those cases in which production in national territory is impossible.
(2) In determining what is to be understood as reasonable commercial terms and
conditions, account shall be taken of the particular circumstances of each case and the
economic value of the authorization, bearing in mind the average fees for the sector in
question established in commercial licensing agreements between independentparties.
Article 41.  Compulsory licence for non-working of the patent.(1) Where three (3) years have elapsed after the granting of the patent or four (4) from
submission of the application, whichever period is the later, if the invention has not
been worked or where the working of the patent has been interrupted for more than
one (1) year without justifiable cause, anyone able to use the invention may apply to
the National Industrial Property Office for a compulsory licence for the patent in
question.
(2) A compulsory licence shall not be granted where it is shown that the non-working or
insufficient working is due to fortuitous circumstances or force majeure , or to
circumstances beyond the will or control of the patent owner or which justify the non-IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 33
working or insufficient working.  The lack of financial resources or the lack of the
economic viability of working the patent shall not be regarded as justifiable
circumstances.
Article 42.  Compulsory licences for anti-competitive practices.
Compulsory licences will be granted where the National Industrial Property Office determines
that the patent owner has engaged in anti-competitive practices.  In such cases, without
prejudice to the patent owner's resources, the licence shall be granted without need to apply
the procedure established in Article 43(2).
For the purposes of this law, the following, inter alia , shall be regarded as anti-competitive
practices:
(a) Fixing excessive or discriminatory practices for patented products, in particular when
there are offers to supply the market at significantly lower prices than those offeredby the patent owner for the same product;
(b) failure to supply the market on reasonable commercial terms;
(c) hindering trade or production activities;
(d) any other act deemed under national legislation to be anti-competitive or limiting or
restricting competition.
Article 43.  Application for and granting of compulsory licences.
(1) Anyone interested in obtaining a compulsory licence shall apply to the National
Industrial Property Office.  The application shall indicate the terms on which it isdesired to obtain the compulsory licence.
(2) The person applying for a compulsory licence shall prove that he has first asked the
patent owner for a contractual licence and that he has been unable to obtain it under
the terms and within the periods provided for in Article 40.
It will not be necessary to comply with this requirement in the event of a national
emergency or extreme urgency, or non-comm ercial use of the invention by a public
body.  In such cases, the patent owner shal l be informed without delay of the granting
of the licence.  Nor shall it be necessary to meet this requirement when the purpose of
the licence is to remedy an anti-competitive practice.
(3) Without prejudice to paragraph (2), the National Industrial Property Office shall
notify the patent owner of an application for a compulsory licence within
thirty (30) days from the date of deposit of the application.
(4) The patent owner shall submit his arguments within a period of not more than
sixty (60) days from the date of notification of the application for a compulsory
licence.  If the owner has not come forwar d within that period, the terms presented by
the applicant shall be regarded as accepted.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 34
(5) Where the owner does reply, the National Industrial Property Office, after hearing the
parties and if they do not reach agreement, shall establish a reasonable remuneration
for the patent owner, which shall be established in accordance with the terms of
Article 40.
(6) Decisions on the granting of such uses shall be adopted within one hundred and
twenty (120) days of filing the application and they shall not be open to appeal.
Substantiation of the appeal shall not have a suspensive effect.
Article 44.  Conditions for granting compulsory licences.
(1) Where compulsory licences are granted, the following provisions shall apply:
(a) Licences shall be granted by the National Industrial Property Office;
(b) the particular circumstances of each case shall be taken into consideration;
(c) compulsory licences shall extend to patents for such components and
processes as enable them to be exploited;
(d) the grant of a licence shall be non-exclusive;
(e) licences shall be non-assignable, except with that part of the enterprise or its
goodwill in which they are incorporated;
(f) licences shall be granted predominantly for the supply of the domestic
market, except in the cases specified in Articles 41 and 46;
(g) the patent owner shall be paid reasonable remuneration, in accordance with
the particular circumstances of each case, account being taken of the
economic value of the authorization.  In determining the amount of
remuneration in cases in which compulsory licences have been granted toremedy anti-competitive practices, the need to correct such practices shall be
taken into account and termination of the grant may be refused if it is
considered that the conditions which led to the granting of the licence are
likely to recur.
(2) A person granted a compulsory licence must begin exploiting it within two years of
the licence being granted.
(3) where the patent protects some form of semiconductor technology, compulsory
licences shall be granted only for public non-commercial use, or to remedy a practice declared to be
anti-competitive.
(4) A compulsory licence may be terminated, in whole or in part, by the competent
authority, at the request of the owner, if the ci rcumstances which led to its being granted ceased to
exist and are unlikely to recur, provided that su ch termination does not adversely affect legitimate
interests of the licensee.
(5) A compulsory licence may be modified by the competent authority, at the request of
an interested party, where justified by new facts or circumstances.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 35
Article 45.  Compulsory licence in the event of dependent patents.
(1) Where an invention claimed in a later patent cannot be exploited in the country
without infringing an earlier patent, the National Industrial Property Office, at the request of the
owner of that patent or his licensee or the beneficiary of a compulsory licence on that patent, may
grant a compulsory licence with respect to the earlier patent insofar as is necessary to avoid the
infringement.
(2) A compulsory licence shall be granted only when the invention claimed in the later
patent involves an important technical advance and is of considerable economic significance withrespect to the invention claimed in the earlier patent.
(3) Where a compulsory licence is granted in accordance with paragraph (1) above, under
the same circumstances a compulsory licence may be granted with regard to the later patent, on
request by the owner of the earlier patent, his licensee or the beneficiary of a compulsory licence tothe earlier patent.
(4) A compulsory licence under this Article cannot be granted exclusively.  The
compulsory licence may be transferred only at the same time as the dependent patent whose industrial
use requires the licence.  The transfer of the compulsory licence shall be subject to the provisions ofArticle 32(2), where appropriate.
(5) Licences under the present Article shall be subject to the provisions of Articles 43
and 44, as appropriate.
Article 46.  Public interest licences.
On the grounds of public interest and, in particular, an emergency or national security
declared by the Executive, the National Industrial Property Office, at the request of an interested party
or the competent authority, or ex officio, shall at any time order the following:
(a) That an invention forming the subject of a patent or a current patent application shall
be exploited by a State body or by one or more persons under public or private law
designated for that purpose;  or
(b) that an invention forming the subject or a current patent application is open to the
granting of public interest licences, in which case the National Industrial Property
Office shall grant a licence to exploit it to anyone who so requests and is capable ofexploiting it in the Dominican Republic.
Article 47. Conditions of public interest licences.
(1) Every public interest licence shall give rise to a payment to the owner of the patent.
After hearing the parties, and failing an agreement, the amount and modalities of the payment shall beestablished by the National Industrial Property Office, in accordance with Article 44(g).
(2) A public interest licence may relate to th e performance of any of the acts referred to
in Article 29(1).
(3) The granting of public interest licences is subject to the provisions of Articles 43 and
44, where appropriate.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 36
(4) The granting of a compulsory licence on the grounds of public interest shall not
impair the right of the patent owner to continue to exploit it".
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures the use of a compulsory li cence shall be authorized  predominantly for the
supply to the domestic market of the Member authorizing such use.
This provision is explicitly set out in Article 40(1) of Law 20-00 (see response to Question
No. 34).
As to the reasonable period of time, Article 40(1) establishes that a compulsory licence shall
be granted only where a potential user has made efforts to obtain a licence from the patent owner onreasonable commercial terms and conditions and such efforts have not been successful within two
hundred and ten (210) days of the licence being requested.
Article 40(2) establishes that, in determining what is to be understood to be reasonable
commercial terms and conditions, account shall be taken of the particular circumstances of each caseand the economic value of the authorization, bearing in mind the average fees for the sector in
question established in commercial licensing agreements between independent parties.
Article 44 of Law 20-00, on the conditions for granting compulsory licences, states in
subparagraph (f) that they shall be granted predominantly for the supply of the domestic market,except for the cases specified in Articles 41 and 46, on compulsory licences on grounds of non-use
and public interest licences, respectively.  This provision is in conformity with TRIPS Article 31(f).
36. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
Law 20-00 does not include a period of protection beyond the non-extendible 20 years
established in Article 27.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
Law 20-00 does not include additional protection in terms of the date of submission of the
patent application.  Patent protection is granted, under equal conditions, for any application that fulfilsthe requirements set forth in our domestic legislation and in the TRIPS Agreement.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Article 170 of Law 20-00 establishes the presumption, until proven otherwise (presumption
iuris tantum ) that any like product obtained by a third party without the consent of the patent owner
has been obtained by the patented process, provided the product obtained is new under the terms of
the law.
In this case established by the law, it is for the defendant marketing the like product to prove
that the process used to obtain the product is different from the patented process.  In the submission ofIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 37
evidence to the contrary, account shall be taken of the legitimate interests of the defendant regarding
protection of his business or manufacturing secrets.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
The protection of rights in layout-designs of integrated circuits will be governed by special
legislation in the process of being reviewed by the Executive before being submitted to Congress.
The Preliminary Bill on Legal Protection of Layout-Designs of Integrated Circuits now under
examination by the competent authorities establishes a level of protection in conformity with TRIPS
requirements and with the provisions of the Treaty on Intellectual Property in Respect of IntegratedCircuits.
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated inaccordance with Article 36 of the TRIPS Agreement.
See the response to Question No. 39.
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
See the response to Question No. 39.
42. Please state the term of protection granted by your legislation to topographies.
See the response to Question No. 39.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time-span.
Dominican legislation on unfair competition (which encompasses protection of undisclosed
information) does not establish periods of time for the protection of undisclosed information.  Theauthority with the data in its possession must protect the data for an unspecified time against unfair
commercial use and against disclosure under the terms and conditions established by law.  In this
respect, at no time may the authority or organization with the data in its possession allow a third party
access to undisclosed data, nor shall it communicate them or issue them to a third party in order for
the latter to make commercial use of them.
While such data or information are secret, the national authority will not allow unauthorized
third parties to have access to them.  It is understood that the above obligation does not restrict the
competent national authority's power to make any use of the data or information in its possession in
order to comply with its statutory function of authorizing pharmaceutical and agrochemical productsthat fulfil the established sanitary conditions.  Such  internal use of information for the legal purposesIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 38
in question does not in any sense imply unfair commercial use of information, for such use is ordered
by law and is for non-commercial public use.
44. Please explain how your legislation defines undisclosed information.
Article 178 of Law 20-00 defines a trade secret as any undisclosed commercial information
possessed by a natural or legal person that can be used for a productive, industrial or commercial
activity and is capable of being transmitted to a third party.
For protection purposes, a trade secret is recognized as such where the constituent
information:
(a) Is not, as a body or in the precise configuration and assembly of its components,
generally known among or readily accessible to persons within the circles that
normally deal with such information;  and
(b) has been subject to reasonable steps by the person lawfully in possession thereof to
keep it secret.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Dominican legislation on industrial propert y does not contain any definition of "data
submitted to governments or governmental agencies".  Article 181 of Law 20-00, concerning
information for authorization to sell, establishes that, where a process has been submitted to a
competent national authority for authorization to market or sell a pharmaceutical or agro-chemical
product containing a new chemical component, an d requires the submission of secret data or
information, the latter shall be protected against unfair commercial use by third parties.
The Article establishes that such secret data or information shall also be protected against
disclosure.  They may only be disclosed by the competent national authority where necessary to
protect the public or where appropriate measures have been adopted to ensure that the data or
information are protected against unfair commercial use by third parties.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
The stipulations in TRIPS Article 41.1 are contained in several articles in our legislation on
industrial property.
A. The expeditious administrative procedure to prevent infringements is set out in Article 154 of
Law 20-00, on proceedings before the National Industrial Property Office.
"Article 154.  Proceedings before the National Industrial Property Office.Proceedings before the National Industrial Property Office shall be conducted in accordance
with the following rules:
(a) Complaints shall be made, in writing, to the head of the relevant department, who
shall rule thereon with the assistance of  two examiners from his own department;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 39
(b) the head of the relevant department shall, within ten (10) days of the date of receipt,
notify the complaint to the right holder who shall have thirty (30) days from the date
of notification in which to respond;
(c) all those entered in the register and anyone having any registered right relating to the
industrial property right forming the subject of the complaint shall be notified of the
complaint within ten (10) days of the date of receipt;
(d) the initiator of the proceedings shall be notified of the right holder's response within
ten (10) days of receipt in order that he may exercise his right of reply, within thirty
(30) days of receipt of the notification.  The head of the relevant department shall
issue a duly reasoned resolution within two (2) months of the expiry or the final time-
limit accorded to the parties;
(e) once the arguments have been presented and the evidence taken, the case shall be
submitted to the head of the department and the examiners for a decision and, if the
nature of the complaint so requires, one or more technical reports will be carried out;
(f) the head of the relevant department shall issue a duly reasoned resolution within three
(3) months of the expiry of the final time-limit accorded to the parties;
(g) the parties shall be notified of the resolution issued by the head of department in the
manner prescribed by the regulations".
B. Infringements and judicial procedures are the subject of Articles 166 and 167 of Law 20-00.
A violation of this Law is categorized as an offence punishable by imprisonment and a fine.
"Article 166.  Penalties.
A penalty of three months' to two years' impr isonment or a fine of 10 to 15 minimum wages,
or both, shall be incurred by anyone who wilfully:
(a) Without the consent of the owner of a distinctive sign makes commercial use of an
identical sign or a registered trademark, or a direct copy or fraudulent imitation
thereof, in relation to products or services that it distinguishes or to related products
or services:
(b) without the consent of the owner of a distin ctive sign performs any of the following
acts in relation to a trade name, label or emblem:
(a) Makes commercial use of an identical distinctive sign, for an identical or
related business;
(b) makes commercial use of a similar distinctive sign when it is likely to create
confusion;
(c) makes commercial use in relation to a product or service of a geographical indication
that is false or likely to mislead the public as to the origin of that product or service oras to the identity of the producer, manufacturer or supplier of the product or service;
(d) makes commercial use in relation to a product of a false or misleading appellation of
origin, or an imitation of an appellation of origin, even where the true origin of theIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 40
product is indicated, or the appellation is used in translation or accompanied by
expressions such as "type", "kind", "style", "imitation" or the like;
(e) continues to use an unregistered trademark confusingly similar to another registered
trademark or after an administrative penalty imposed for this reason has becomefinal;
(f) offers products for sale or introduces them into circulation or provides services with
the trademarks referred to in the preceding paragraph;
(g) manufactures or develops products protected by a patent or utility model, without the
consent of the owner or without the appropriate licence;
(h) offers for sale or introduces into circulation products covered by a patent or utility
model, knowing them to have been manufactured or developed without the consent ofthe owner of the patent or registration or without the appropriate licence;
(i) uses patented processes without the permission of the patent owner or without the
appropriate licence;
(j) offers for sale, sells or uses, imports or stocks products that are the direct result of the
use of patented processes, knowing them to have been used without the consent of theowner of the patent or the licensee;
(k) reproduces or imitates industrial designs protected by registration without the consent
of the owner or without the appropriate licence;
(l) without being the owner of a patent or util ity model or enjoying the rights conferred
thereby, makes use in his products or his advertising of appellations that couldmislead the public as to the existence thereof;
(m) conceals information from the National Industrial Property Office or furnishes it with
false information in order to obtain the patent that does not meet the requirements of
patentability.
PARAGRAPH.  Liability for the acts describe d above extends to persons who order them or
arrange for them to be carried out, the legal representatives of corporate entities and all those
who, knowing the act to be unlawful, take part in, facilitate or conceal it.
Article 167.  Proceedings.(1) Proceedings for the imposition of the penalties indicated in the preceding article shall
be initiated by the right holder.
(2) The provisions of ordinary criminal law shall be residually applicable, provided that
they do not conflict with the present law.
(3) None of the procedures to which the application of the present law may give rise shall
be subject to posting prior security as laid down in Article 16 of the Civil Code and Articles 166 and
167 of the Code of Civil Procedure and amendments thereto."IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 41
C. Civil proceedings are described in Article 168 and the penalties of ordinary law and
provisional measures in Articles 173, 174 and 175 of Law 20-00, which stipulate:
"Article 168.  Civil remedies for infringement.(1) A right holder protected under this law may bring a civil action before the competent
court against anyone who infringes that right.  He may also proceed against anyone who performs acts
that clearly reveal the imminence of an infringement.
(2) In the event of co-ownership of a right, any of the co-owners may bring an action for
infringement of that right, without need to obtain the consent of the others, unless otherwise agreed.
Article 173.  Enforceable measures in actions for infringement.In an action for infringement of rights protected under this law, one or more of the following
measures may be requested:
(a) Cessation of the infringing acts;(b) indemnification for damage suffered;
(c) seizure of the products of the infringement, of the advertising material referring to
those products and of the means used exclusively for committing the infringement;
(d) the transfer of ownership of the products and means referred to in subparagraph (c),
in which case the value of the products will be deducted from the damages;
(e) measures necessary to prevent the continuation or repetition of the infringement,
including the destruction of the means seized under subparagraph (c), if
indispensable.
Article 174.  Provisional measures.
(1) Whoever initiates or is about to initiate an action for infringement of an industrial
property right may request the court to order immediate provisional measures, for the purpose of
ensuring the effectiveness of the action or the payment of any damages.
(2) The court shall order provisional measures only if the person requesting them can
show, by producing evidence deemed sufficient by the court, that an infringement has been committed
or is imminent.
(3) Provisional measures may be requested before, after or concurrently with the
initiation of an action for infringement.  If the measures are ordered before the action is initiated, theyshall be rendered null and void if an action is not brought within ten (10) days of the order being
issued.
(4) The competent court may order as provisional measures those which are appropriate
to ensure the enforcement of the judgement hand ed down in the corresponding proceedings.  The
following provisional measures, among others, may be ordered:IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 42
(a) The immediate cessation of the acts which allegedly constitute an infringement,
except where the defendant opts to continue performing the said acts by providing
such security or other assurance as shall be prescribed by the court;
(b) the preventive seizure, inventorying or deposit of samples of the articles forming the
subject of the infringement and of the m eans intended exclusively for committing the
infringement;
(c) the competent court shall order the plaintiff to provide security or equivalent
assurance sufficient to indemnify the defendant, should the final decision be in the
latter’s favour, for any damage he may have suffered as a result of the complaint;
(d) if the holder of a trademark right has good reason to suspect that goods are about to
be imported under conditions such that his rights would be impaired, he may request
the court to order the Republic’s customs authorities to suspend, as a precautionary
measure, the release of the said goods into free circulation or their exploitation, as thecase may be.
(5) The court shall accept the request and adopt measures only if the petitioner supplies,
together with the request and in writing, a sufficiently detailed description of the goods to make them
readily recognizable by the customs authorities.
(6) The court shall order the deposit with the court registry of a sum of money or security
equivalent to not less than three times the value of the import operation in question, in the form of
cash or a certified cheque, to cover any damage suffered by the defendant, should the plaintiff lose the
case.
Article 175.  Calculation of damages.In calculating damages, the portion corresponding to loss of income for which compensation
is required may be computed on the basis of any of the following criteria:
(a) The profits that would predictably have accrued to the right holder in the absence of
competition from the infringer;
(b) the profits earned by the infringer as a result of the infringing acts;(c) the price that the infringer would have paid the right holder for a contractual licence,
with due regard for the commercial value of the subject-matter of the right infringed
and the contractual licences already granted.
PARAGRAPH.  Anyone filing suit for infringement of rights shall be liable for any injury
caused to the alleged infringer in the event of malicious or negligent actions or complaints.
As for copyright, Law 65-00 is a law of  ordre publique  and of social interest and, for the
purposes of guaranteeing protection of copyright and related rights, right holders are granted the
option of deciding which procedure (civil, criminal or administrative) to use in exercising their rights
(Article. 168).
Under Article 169, the penalties for copyright infringements are three months' to two years'
imprisonment and a fine of fifty to one thousand minimum wages.  Article 170 goes on to establish a
fine of ten to fifty minimum wages for anyone who is authorized to use the work but infringes theIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 43
conditions under which it has been authorized, and both articles make lengthy but not exhaustive
enumerations of cases in which the penalties shall apply.
Some provisions of Law 65-00 make for more effective action against copyright
infringements, including:
- Article 175 of the Law, which establishes that criminal proceedings as a result of an
infringement of Law 65-00 may be instituted by anyone in all cases and shall be
initiated ex officio even though there is no accusation or complaint.
- Article 107(6)  and Article 118 of Regulation No. 362-01 implementing Law 65-00
enables the National Copyright Office (ONDA) to submit, where deemed relevant, a
criminal complaint when it learns of an act constituting an alleged offence.  Similarly,
the provisions of Article 187(4) of the Law and Articles 115 and 116 of Regulation
No. 362-01 allow ONDA to impose the following penalties administratively, ex
officio, or upon the request:
(1) Warning;
(2) Fine of 5-200 minimum wages;(3) Reparation of omissions;(4) Temporary or final closure of the establishment where the infringement has taken 
place;
(5) Seizure or forfeiture of the goods and equipment used in the infringement;(6) Destruction of the unlawfully reproduced goods;(7) Publication of the resolution at the expense of the infringers.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Administrative decisions by both the National Industrial Property Office and the National
Copyright Office are not open to appeal to judicial bodies.  However, their administrative character
means that they are open to appeal in accordance wi th the Domincan administrative law in the Higher
Administrative Court.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
In the Domincan courts, any documentation or item relating to the case that is submitted as
evidence shall be submitted for the knowledge of both parties, either amicably from lawyer to lawyer
or by depositing it with the clerk of the court, so that the other party may learn of it.  The court may
not rule on the basis of evidence that has not been  communicated or submitted at the appropriate time,
in such a way as to preserve the right to a defence.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 44
Under the rules of civil procedure, if documents have not been communicated amicably to
lawyers or by depositing them with the clerk of the court, the court may order them to be
communicated without any further formality if so requested by any of the parties.
With respect of copyright and the provisions of Law 65-00, Article 179(1) of the Law
establishes that a right holder recognized by the Law who fears that his rights are being disregarded
by a third party or fears that some or all of th e elements of the unlawful act could disappear may
request the court to authorize the attachment or seque stration, in his own custody or in that of a third
party, of the unlawfully reproduced objects, the equipment and devices used in the infringement, as
well as any information or business documents relating to the act.
Law 65-00 specifies that complaints of infringements of law made to the National Copyright
Office (ONDA) shall be treated confidentially and, in  this respect, Article 189 stipulates that  ONDA
and its personnel shall be required to deal confiden tially with the origin of  any complaint about any
infringement of the law that they receive, for whic h reason they may not inform the enterprise or its
representative, or any other person that it will carry out an inspection or seizure as a result of theinformation received.
Article 170 of Industrial Property Law 20-00 specifies in Article 170 that, where the subject
of a patent is a process to obtain a new product under the terms of the law, the competent court may
order the defendant marketing a like product to prove that the process used to obtain the product isdifferent from the patented process.  It is a iuris tantum  presumption and it is for the defendant to
submit evidence to the contrary.  The Article also  establishes that, in submitting evidence to the
contrary, account should be taken of the legitimate interests of the defendant in regard to protection of
his trade or manufacturing secrets.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
The civil remedies described in Copyright Law 65-00 provide for the affected right holder's
right to request the court, in addition to attach ment, to order immediate suspension of the unlawful
activity, especially any unlawful reproduction, distribution, communication to the public or
importation (Article 179, Paragraph).
Again, Article 180(I) establishes that the right holder who has reason to fear infringement of
his rights may request the court of first instance, before the main action is initiated, to issue a warrant
for the judicial inspection of the place where the infr inging acts are presumed to be taking place.  The
court may specify in the warrant that, if the inspection reveals a serious presumption of aninfringement, the items constituting the violation of copyright shall immediately be attached or
sequestered and the infringers shall be ordered to cease the unlawful activity immediately.
With reference to industrial property, Law 20-00 stipulates in Article 173, on measures
required in infringement proceedings, that cessation of the acts infringing the holder's rights may berequested.  Similarly, a request may be made for the requisite measures to prevent continuation or
repetition of the infringement.
Article 174, on provisional measures, establishes that the competent court may order any
appropriate provisional measures to ensure the enforcement of the judgement.  The measures includeimmediate cessation of the acts which allegedly constitute the infringement, except where the
defendant opts to continue performing the said acts by providing such security as shall be prescribed
by the court.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 45
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Article 177 of Copyright Law 65-00 establishes that anyone who, without the consent of the
right holder, performs acts in violation of the moral or economic rights recognized by law shall be
liable to the right holder for the injury caused to him by the violation, regardless of whether or not he
was aware of the violation committed.  Under the terms of Article 178, the owner, partner, manager,
director or head of the place at which the unlawful ac tivities are carried out shall be jointly liable for
any violations of rights that occur in that place.  The damages shall in no case be lower than the
minimum fine established as a criminal penalty for the relevant infringement, for each violation.
Article 102 of Regulation 362-01, on the implementation of Law 65-00, establishes that,
without prejudice to the appropriate award of ec onomic damages, indemnification for moral injury
shall be ordered, without any need to prove the existence of economic injury, and the assessment shall
take account of the circumstances of the violation, the seriousness of the injury and the extent of
unlawful dissemination of the work.
In the assessment of economic damages caused to the right holder, Article 103 of Regulation
No. 362-01 establishes that particular account should be taken of the benefit that the injured party
would predictably have obtained if the violation had not taken place, his remuneration if the use of the
work had been authorized and all of the infringer's direct or indirect profits from the unlawful activity.
In regard to industrial property, Article 167 of Law 20-00 establishes that the provisions of
ordinary law are applicable residually, provided they are not inconsistent with the Law itself.  In other
words, in the event of an infringement, the principle of civil liability under ordinary law is applicable.
Moreover, Article 168 stipulates that the right holder protected under Law 20-00 may bring civilproceedings in the competent court against any person infringing that right.
Article 175 sets out the criteria for calculating the compensation for the infringement.  The
loss of earnings to be made good shall be calculated in terms of:
(a) The profits that would predictably have accrued to the right holder in the absence of
competition from the infringer;
(b) the profits earned by the infringer as a result of the infringing acts;(c) the price that the infringer would have paid the right holder for a contractual licence,
with due regard for the commercial value of the subject-matter of the right infringedand the contractual licences already granted.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Article 130 of the Code of Civil Procedure, which is the ordinary law, relates to the costs of
proceedings and establishes that the party losing the case is sentenced to the payment of costs.
In the particular case of copyright, Article 183 of Law 65-00 stipulates that, at the request of
the interested party, the court may order that the judgement be published at the cost of the losing
party, in one or more newspapers to be indicated in the court's decision.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 46
Under Article 183 of Law 65-00, in the final judgement establishing the existence of the
violation, the court shall order that the unlawfully reproduced or used objects, as well as the
instruments used for reproduction, shall be destroyed or delivered over to the plaintiff or right holder.
Article 118(11) of Regulation No. 362-01, on the implementation of Law 65-00, confers on
the National Copyright Office (ONDA) the right to or der, in a reasoned resolution, the destruction of
the objects constituting the infringement, with a detailed record of the goods to be destroyed.
In the case of industrial property, Law 20-00 includes among the measures that may be
requested and ordered by a court in the event of an infringement, as established in Article 173:seizure of the objects resulting from the infringement and advertising material referring to those
objects and the means used exclusively to commit the infringement, and, all measures necessary to
avoid the continuation or repetition of the infringement, including the destruction of the goods seized,
where indispensable.
Under Article 174 of Law 20-00, the provisional measures that may be ordered by the
competent court include preventive seizure, an inventory or deposit of samples of the subject-matter
of the infringement and the means intended exclusively to carry out the infringement.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Law 65-00 includes no specific provision on the indemnification of defendants wrongfully
enjoined, nor does it provide for remedial measures applicable to public authorities or officials in such
cases.  The general rules of our legal system must therefore apply.
Civil procedure provides remedies for protecting the defendant from being wrongfully sued or
enjoined;  one example of this is where the defendant seeks damages by filing a counter-claim against
the plaintiff.
Generally speaking, Article 1382 of the Dominican Civil Code provides for liability in tort or
for negligence by stipulating, in general terms, th at any act by one person that harms another obliges
the person responsible for that act to make reparation.
In regard to industrial property, Article 174 of  Law 20-00 stipulates that, in the event of a
provisional measure of suspension of customs clearance for free circulation in Republic, the court
issuing the suspension order shall order the deposit of  a sum or security not less than three times the
value of the importation in question, in cash or by certified cheque, to guarantee any damage or injury
suffered by the defendant if the plaintiff loses the case.
Again, Article 175 establishes that any one filing an application for infringement of rights
shall be liable for injury caused to the alleged infringer in the event of malicious or negligent
proceedings or complaints.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Under Article 179 of Law 65-00 a holder of rights  recognized by the law who fears that his
rights are being disregarded or that some or all of the elements of the unlawful act could disappear is
entitled to request the court, without the ot her party first being summoned, authorization for
attachment or sequestration, in his own custody or in that of a third party:IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 47
(a) Of objects reproduced without the authorization of the holder, of equipment or
devices used to commit the unlawful act and business information or documents
relating to the act;
(b) of the proceeds of the sale, rental or other form of distribution of unlawful objects;
(c) of the income obtained from unauthorised acts of communication to the public;(d) of devices to deactivate systems intended to prevent the making of unlawful copies or
intended to prevent or control unauthorised reception or retransmission.  In addition
to these measures, the right holder may request the court to suspend the unlawfulactivity.
In addition to the above measures, the right holder can request the court to suspend the
unlawful activity.
Under Article 180, the right holder can, where he fears that his rights are being disregarded
and after he has initiated the main action, request th e court to issue a warrant for an inspection of the
place where it is presumed that acts infringing Law 65-00 and Regulation 362-01 are taking place.
The same warrant may be requested to order suspension of customs clearance of infringing goods and
equipment.
The intention, or the legal basis for these measures , is to afford the right holder an expeditious
and effective method of preventing an infringement from being committed, preventing economic
injury to the right holder as well as preventing irreparable harm and acting promptly so that, among
other things, the unlawful goods do not disappear.
The provisional measures that the court may order in criminal proceedings are described in
Article 173 of the Law, which establishes that all objects reproduced, transformed, communicated or
distributed to the public in breach of copyright or related rights, and all material and equipment used
for the unlawful acts, as well as business information or documents relating to the commission and the
offence, may be provisionally seized, without summoning or hearing the other party, at any stage in
the case, even before the initiation of the criminal  proceedings, at the request of the holder of the
infringed right, regardless of the person in whose custody they are, by the Office of the Prosecutor of
the judicial district in which the goods are located.
The Prosecutor may, at any time and even before the criminal proceedings are initiated,
without the presence of the other party, conduct investigations or expert examinations deemednecessary to determine the existence of the infringi ng material, and the places at which it is to be
found.
Article 174 of the Law establishes that, in the pre-trial and in the trial proceedings, the
formalities laid down in Code of Criminal Procedure shall be observed, for which reason all judicialmeasures falling within the competence of the criminal courts may be ordered in cases of breaches of
Law 65-00.
In regards to industrial property, Law 20-00 sets out provisional measures in Article 174.
"Article 174.  Provisional measures
(1) Whoever initiates or is about to initiate an action for infringement of an industrial
property right may request the court to order immediate provisional measures, for the purpose of
ensuring the effectiveness of the action of the payment of any damages.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(2) The court shall order provisional measures only if the person requesting them can
show, by producing evidence deemed sufficient by the court, that an infringement has been committed
or is imminent.
(3) Provisional measures may be requested before, after or concurrently with the
initiation of an action for infringement.  If the measures are ordered before the action is initiated, they
shall be rendered null and void if an action is not brought within 10 (ten) days of the order being
issued.
(4) The competent court may order as provisional measures those which are appropriate
to ensure the enforcement of the judgement hand ed down in the corresponding proceedings.  The
following provisional measures, among others may be ordered:
(a) The immediate cessation of the acts which allegedly constitute an infringement,
except where the defendant opts to continue performing the said acts by providingsuch security or other assurance as shall be prescribed by the court;
(b) The preventive seizure, inventorying or deposit of samples of the articles forming the
subject of the infringement and of the m eans intended exclusively for committing the
infringement;
(c) The competent court shall order the plaintiff to provide security or equivalent
assurance sufficient to indemnify the defendant should the final decision be in the
latter's favour, for any damage he may have suffered as a result of the complaint;
(d) If the holder of a trademark right has good reason to suspect that goods are about to
be imported under conditions such that his rights would be impaired, he may request
the court to order the public's customs authorities to suspend, as a precautionary
measure, the release of the goods into free circulation or their exploitation, as the case
may be.
(5) The court shall accept the request and adopt measures only if the petitioner supplies,
together with the request and in writing, a sufficiently detailed description of the goods to make them
readily recognisable by the customs authorities.
(6) The court shall order the deposit with the court registry of a sum of money or security
equivalent to not less than three times the value of the import operation in question, in the form ofcash or a certified cheque to cover any damage suffer ed by the defendant, should the plaintiff lose the
case."
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customsauthorities.
Under Law 65-00 the right holder has an effective means of avoid, without delay, any harm
that will later become irreparable by taking the requisite steps to avoid such abuse.  Consequently, the
application to suspend customs release must be made to the Directorate-General of Customs or to therelevant Office of the Prosecutor, and the former shall be competent to order suspension of the release
of allegedly unlawful goods, either as a result of the request or ex officio.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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As to industrial property, Article 174(d) establishes that the competent authority to order the
suspension of customs release is the court hearing the application.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
The right holder may request the Directorate-General of Customs or the appropriate Office of
the Prosecutor to suspend customs release of goods, provided he has reasonable grounds for
suspecting that preparations are being made to import or export goods that will injure the right
holder's rights.
In the case of industrial property, Article 174 establishes that for a court to accept the request
made by a right holder who suspects that his rights are being impaired and for measures to be taken to
suspend customs release, the petitioner needs to subm it, together with the re quest and in writing, a
sufficiently detailed description of the goods to make them readily recognisable by the customs
authorities.
57. Please quote what provisions of your legisl ation authorise the competent authorities to
order the destruction or disposal of infringing goods.
With reference to the judicial authorities, under Article 183 of Law 65-00 the court may, in
the final judgement establishing the existence of a violation, order that the unlawfully reproduced or
used objects be destroyed or handed over to the plaintiff or right holder.
As the administrative authority, the National Copyright Office (ONDA may, pursuant to
Article 108(11) of Regulation 362 on the implementa tion of Law 65-00, order in a reasoned resolution
the destruction of the objects constituting the infr ingement, with a record setting out in detail the
goods to be destroyed.
Article 173(e) of Industrial Property Law 20-00 specifies the necessary measures to avoid
continuation of the infringement, including the destruction of the means seized if this is essential.
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
Law 65-00 does not make any reference to de minimis  import exceptions.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement .
With reference to criminal proceedings and penalties, including imprisonment and/or
monetary fines sufficient to provide a deterrent for cases of copyright infringement on a commercial
scale, it is Articles 168 to 172 of Law 65-00 that implement Article 61 of the TRIPS Agreement.
Firstly, Article 168 gives the right holder the option to decide between civil or criminal
proceedings.  Under Article 169, the penalty is three months' to three years' imprisonment and a fine
of 50 to 1,000 minimum wages.  Article 170 also es tablishes a fine of 10 to 50 minimum wages in the
case of improper use of the work over and above that authorised by the holders of rights protected by
the law.
In the event of an infringement of the continued existence of the right holder, the fine may be
up to three times the amount of the material injury caused, in keeping with Article 172, and in the case
of insolvency the infringer shall pay with one day's imprisonment for ever peso he has not paid.IP/Q/DOM/1, IP/Q2/DOM/1,
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As to solutions for appropriate cases, which include seizure, loss or destruction of counterfeit
materials and implements which have been pred ominantly used in committing the infringement,
Article 173 prescribes that any unlawful reproduction will be confiscated and given under the terms ofthe judgement to the right holder who has been defrauded, unless he asks for them to be destroyed.
The materials and implements used in the unlawful acts will be forfeited and destroyed or handed
over to the injured party, without prejudice to any civil proceedings he brings against the infringer for
damages.
In order to provide practical solutions to prevent clearly unlawfully reproduced materials
from remaining indefinitely in storage, or for an  unnecessary length of time under the powers of the
National Copyright Office (ONDA), Regulation No. 362-01 on the implementation of Law 65-00,
specifies in Article 116.7 that the Office may proceed to destroy unlawfully reproduced copies, as
well as moulds, plates, printing blocks, negatives and other articles intended for unlawful production,
further to a reasoned resolution and after offering the party the right to submit allegations and
evidence; it shall first make a detailed record of the goods to be destroyed.  In such cases, the ONDAshall always retain several unlawful copies for submission to the court as evidence of the
infringements.
Again, with reference to criminal proceedings and penalties in the event of voluntary
infringements of other types of intellectual property rights, Law 65-00 enumerates the various formsof infringements that are a violation of the rights protected by the law, but does not specifically
classify cases in which the penalties are aggravated, with the exception of the following:
In the case of a repeated offence covered by Article 171(I), which establishes that the
maximum penalty shall apply to the repeat offender;
Article 172 increases the fine to three times the amount of the material damage.Regulation 362-01 on the implementation of Law 65-00 specifies in Articles 119 and 120
what the Regulation regards as serious faults and determines the seriousness of the infringement in
Article 119, with account being taken of the dissemination or significance of the infringement.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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IV. REPLIES TO THE QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
The Dominican intellectual property legislation does not contain any provision that
discriminates between nationals and foreigners in connection with the obtaining, enjoyment or
enforcement of intellectual property rights, subject to the exceptions expressly permitted by Articles 3
and 4 of the TRIPS Agreement.  Thus, the Dominican Republic applies the principles of nationaltreatment and most-favoured-nation treatment as required by the TRIPS Agreement.
Under Industrial Property Law 20-00, any holder of an intellectual property right will receive
the same treatment as Dominican nationals and there will be no preferential treatment of any kind.
According to Art. 67.3 of the Law: "None of the proc edures to which the application of this Law gives
rise shall be subject to the provision of the security specified in Art. 16 of the Civil Code and Art. 167
of the Code of Civil Procedure and its amendments".  These articles require the lodging of security by
non-resident foreigners before they can file suit in the courts of the Dominican Republic.
In accordance with the TRIPS Agreement, Art. 8 of Law 65-00 protects all literary and artistic
works, as well as the literary and artistic form of scientific works, of nationals and residents of the
Dominican Republic, and of nationals and residents of countries members of any of the international
treaties ratified by the Dominican Republic, together with literary works published for the first time in
any country member of agreements adopted by the Dominican Republic.
With regard to related rights, Art. 133.I of Law 65-00 establishes, clearly and precisely, that
performances, phonographic productions and broadcasts are protected by the law:
(1) If the holder of the corresponding right, or any one of the holders, is Dominican or
domiciled in the country;  and
(2) if, irrespective of the nationality or domi cile of the holder, the said performances,
productions or broadcasts were given or made in the Dominican Republic or
published in the Dominican Republic for the first time or within thirty days of first
publication.
Paragraph II establishes the protection of related rights in cases not covered by the preceding
paragraph, in accordance with the internationa l agreements that the Dominican Republic has
concluded or may in the future conclude.  In the absence of an applicable agreement, they will enjoy
protection under the law if the State to which the holder belongs accords equivalent protection to
Dominican right holders.
It should be pointed out that the protection for related rights afforded by the law can in no
way impair the protection provided for copyright in literary, artistic or scientific works, since the
author will receive the benefit of any doubt, and related rights are subject to the same limitations and
exceptions as the law provides for copyright.
As regards the protection of new plant varieties and topographies, the relevant legislation is
now being prepared for promulgation.  This draft legi slation, like that currently in force in respect ofIP/Q/DOM/1, IP/Q2/DOM/1,
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other intellectual property interests, makes no distinction between nationals and foreigners, so that it
will be consistent with the principles of national treatment and most-favoured-nation treatment
established by Arts. 3 and 4 of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of the Dominican Republic complies
with Article 9 of the TRIPS Agreement requiring  that Members comply with all Articles 1
through 21 of the Berne Convention (1971), except Article 6bis, since Members do not have
rights or obligations relating to the latter Article under the TRIPs Agreement.
The preamble to Law 65-00 states that by Resolution 2-95 of 20 January 1995, the Dominican
Republic ratified the Marrakesh Agreement, which includes the TRIPS Agreement, and accordingly
our law is based on and consistent with Art. 9 of the TRIPS Agreement, which requires Members to
comply with Articles 1 through 21 of the Berne Convention (1971).  Moreover, the Congress of the
Dominican Republic has independently ratified the Be rne Convention (1971), so that the latter has the
force of law in our country.
Article 2 of the Berne Convention establishes protection for literary and artistic works and
defines and classifies them.  The Dominican legislation has similar provisions in Art. 2 of Law 65-00.
Under Art. 2 bis of the Convention, States may determine the protection accorded to certain
works such as speeches, lectures and addresses.  Our law protects them in Art. 2 as creations of the
mind.
The criteria for the protection of works contempl ated in Art. 3 of the Convention (nationality
of the author, place of publication and author’s residence) are also provided for in Art. 8 of our law.
The protection of works in non-member countries is governed, in the absence of international
agreements between the countries, both by Art. 6 of the Berne Convention and by Art. 8.1 of
Law 65-00, on the principle of reciprocity.
The term of protection established in Art. 7 of the Convention is reflected in Arts. 21 to 29 of
Law 65-00. The Berne Convention grants the author protection for the whole of his life and 50 yearsafter his death;  the same protection is offered by the Dominican legislation. Law 65-00, like the
Convention, protects literary, artistic and scientific works, the latter in their literary or artistic form, in
general terms, as well as audiovisual works, performers, phonogram producers and broadcasting
organizations.
Under the Berne Convention, the authors or owners of literary and artistic works enjoy the
exclusive right to authorize the translation of their works as long as their rights in the work exist.
Under Art. 19 of Law 65-00, the authors of scientific, literary or artistic works and their successors in
title have the right to authorize or prohibit the translation of their works into any language or dialect
and these translations, under Art. 6 of the same law, will be protected as independent works, withoutprejudice to the copyright in the initial work, insofar as they constitute an original creation.
The exclusive right to authorize or prohibit the reproduction of the work granted to authors by
Art. 9 of the Convention is also accorded by Art. 19 of our law, in any manner or form, just as the
author has the right to authorize or prohibit any other form of use of the work (translation,modification, inclusion in audiovisual works, phonograms or any kind of material medium,
distribution to the public and communication to the public, this list being non-exhaustive).IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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The right to use the work in certain cases, for which Art. 10 of the Convention provides, is
established in Arts. 30 to 48 of Law 65-00 as exceptions to and limitations on copyright.  These are to
be interpreted narrowly and can only be applied in such a way as not to interfere with the normal
exploitation of the work or cause unjustified harm to the interests of the holder of the correspondingright (right to make quotations, reproduction by reprographic means for teaching purposes, news and
current events reporting, private copies, etc.).
Article 10 bis of the Convention extends the right to use the works to articles and broadcast
works, as well as to works seen or heard in the course of the reporting of current events.  These have
been included as limitations on copyright in Arts. 33 and 34 of our law.
Article 11 of the Convention concerns the rights in dramatic and musical works, that is to say
the right of the authors of works of this kind to authorize their:
- Public performance;
- communication of the performance to the public by any means;
- translation.Our law establishes the same rights in Art. 19.As regards Arts. 11 bis, 11 ter and 12 of the Berne Convention which grant authors the
exclusive right to authorize the broadcasting or communication to the public, public recitation and
adaptation, arrangement or other alteration of their work, the same right is provided in Art. 19
(subparagraphs 6, 2 and 3) of our law.
The communication of musical works to the public contemplated in Art. 13 of the Berne
Convention is dealt with in Arts. 128 and 129 of our law which, as in the Convention, establish that
the transmission of the musical work, with or without words, by wire or wireless means, must be
authorized in advance by the right holder.
With respect to Arts. 14 and 14 bis of the Convention, which concern the author’s exclusive
right to authorize the cinematographic adaptation and reproduction of his works and the distribution
and performance of the works thus adapted or reproduced, while protecting the cinematographic work
as an original work and including among the owners all the authors who have brought contributions to
the making of the work, all these provisions can be found in our law, in Arts. 58 to 72 under the
general heading of audiovisual works.
The droit de suite  (Art. 14 ter of the Convention) is incorporated in Arts. 17 and 78,
paragraph, of Law 65-00.
In accordance with Art. 15 of the Convention, the author has the right to enforce the protected
rights and, accordingly, both the Convention and Law 65-00 (Art. 4) establish a presumption to the
effect that the person whose name, pseudonym or in itials, or conventional marks or signs well known
to correspond to his name, appear on the work is the author of the work, in the absence of proof to the
contrary.
Article 16 of the Berne Convention empowers member States to seize infringing copies,
including imports.  Law 65-00 establishes a procedure under which a copyright holder may request a
civil court to issue a writ ordering the inspection of premises on which violations of the law are
suspected of being committed and to authorize the preventive seizure of unlawful copies and theIP/Q/DOM/1, IP/Q2/DOM/1,
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equipment employed for making or using them.  This procedure, like suspension of the release of
goods, can also be applied to goods and equipment passing through customs for import or export
(border measures).
3. Please explain how the copyright law of the Dominican Republic protects computer
programs as literary works and complications of data as required by Article 10 of the TRIPS
Agreement.
As required by Art. 10 of the TRIPS Agreem ent, Arts. 73, 74 and 75 of Copyright Law 65-00
provide for the protection of computer programs and compilations of data as follows:
Article 73 defines the computer program producer as a person, whether natural or juridical,
who takes the initiative and responsibility in the production of the work. This article establishes a
presumption, in the absence of evidence to the contrary, that the program producer is the person who
appears indicated as such in the usual way.
In the absence of stipulations to the contrary, it is presumed that the authors of the computer
program have assigned the exclusive economic rights, including the right to make or authorize
adaptations or versions of the work, to the producer, without limitation and for as long as they
continue to exist.
Exceptions to the exclusive right to reproduce computer programs granted to the producer are
provided for in Art. 74.  Article 75 clearly defines the forms of user licences for computer programs
and databases.
Article 2.12 establishes protection for compilations of data that constitute intellectual
creations. This protection does not extend to the data or material itself, without prejudice to any
copyright existing in the works which may form the subject matter of the database or compilation.
Articles 36 to 40 of Regulation No. 362-01 of 14 March 2001 implementing Law 65-00
explain in detail the protection which the law accords to computer programs and databases.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of the Dominican Republic.
Computer programs are works protected by c opyright under Art. 2(11) of the Copyright Law.
Accordingly, they are subject to the provisions of Art. 19(5) of the Copyright Law which gives theauthors of works and their successors in title, among other things, the exclusive right to authorize or
prohibit the distribution to the public of the original or copies of the work by sale, rental, usufruct or
any other means.
With respect to cinematographic works, Arts. 66(2) and 71(1) of the Copyright Law stipulate
that the producer of an audiovisual work shall have, among other things, the right to distribute copies
of the audiovisual work by sale, rental or any other means.
5. Please state the length and terms of protection the copyright law of the Dominican
Republic provides for a work other than a photographic work or a work of applied art and citeto the relevant provision of law.
The length and terms of protection which Copyright Law 65-00 affords economic rights are
specified in Arts. 21 to 29.IP/Q/DOM/1, IP/Q2/DOM/1,
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In general, Law 65-00 offers the author of a work copyright protection for the whole of his
life and his successors in title protection for fifty (50) years after the death of the author. As for
foreign authors, not resident in the Dominican Republic, they are afforded protection on the sameterms as laid down in our legislation for nationals and residents of the Dominican Republic.
Anonymous works are protected for fifty (50) years from first publication, and collective
works and computer programs and photographs are accorded protection for fifty (50) years from
publication or making.
Audiovisual works are protected for seventy (70) years from first publication, showing or
making.
6. Please describe the protection the copyright law of the Dominican Republic provides for
performers, and the term of the protection.
Performers have the exclusive right to authorize or prohibit:
(1) the fixation of their unfixed performances;(2) the reproduction of fixations of their performances, by any means or process;(3) the communication of their performances to the public, except where the performance
in itself constitutes a broadcast performance;
(4) the distribution to the public of the original or copies that contain their performance
fixed in a phonogram, by sale, rental or any other means.
Article 29 grants performers protection for fifty (50) years from the 1st of January of the year
following the death of the right holder.  In the case of orchestras, choirs and other performing groups,
the term of protection is fifty (50) years from the 1st of January of the year following that of the
performance or its fixation, as the case may be.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of the Dominican Republic implements these obligations andindicate the term of protection.
Under Art. 141 of the Copyright Law, phonogram producers have the right to authorize or
prohibit:
- the reproduction, direct or indirect, temporary or permanent, of their phonograms, by
any means or process;
- the distribution of the original or copies of their phonograms to the public, by sale,
rental or any other means;
- the making available to the public of their phonograms, by wire or wireless means, in
such a way that members of the public have access thereto in the place and at the time
of their choosing.IP/Q/DOM/1, IP/Q2/DOM/1,
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Article 142 establishes that where a phonogram published for commercial purposes or a
reproduction of that phonogram is used directly for any manner of communication to the public, the
user must pay fair and one-off remuneration, to be shared between the performers and the phonogramproducer.  This sum is to be paid by the user to the producer.
The phonogram producer will pass on half of the sum he receives to the performers or their
representatives.
Under Art. 29.I, the term of protection for phonogram producers is fifty (50) years from the
1st of January of the year following that in which the fixation was made.
C. 
TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark
law of the Dominican Republic.
According to Art. 70 of Title II “Distinctive Signs” of Law 20-00, a mark may consist of any
visible sign for distinguishing the products or services of one undertaking from the products or
services of another undertaking.
For its part, Art. 72(1) and (2) of the Law lists the signs which, for the purposes of the Law,
may be deemed to be marks:
Art. 72.- Signs deemed to be marks.(1) Marks may consist, among other things, of words, fanciful denominations, names,
pseudonyms, commercial slogans, letters, numerals,  monograms, figures, portraits, labels, badges,
impressions, vignettes, borders, lines and stripes, combinations and arrangements of colours or three-
dimensional shapes.  They may also consist in the shape or presentation of the products or their
packaging or wrappings or the means or place of retail sale of the corresponding products or services.
(2) Without prejudice to the other provisions of the law and other applicable legislation,
marks may also consist of national or foreign geographical indications, provided that they aresufficiently arbitrary and distinctive with respect to the products or services to which they are applied,
and their use is not liable to create confusion with regard to the origin, source, qualities or
characteristics of the products or services for which the marks are used.
9. Please describe the procedure that must be followed to register a trademark in the
Dominican Republic, citing the relevant provisions of the law, and describe the rights that the
owner of a registered mark can exercise.
(a) Procedure
Article 75 ff. of Industrial Property Law 20-00 establishes the procedure to be followed for
registering a trademark in the Dominican Republi c, which may be summarized as follows:  the
registration application is submitted to the National Industrial Property Office  (Oficina Nacional de
Propiedad Industrial or ONAPI), and must comply with all the requirements of the Law; once
ONAPI has finished examining the form and substance of the application, within the time-limits laid
down by the Law, it will proceed to authorize the applicant to publish the trademark authorized for
registration.  Once the period allowed for third parties to file objections has expired and if no
objections have been raised, a registration certificate will be issued.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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Art. 75.-  The registration application.
(2) The application shall be submitted to the National Industrial Property Office and shall
include the following:
(a) Name and address of the applicant;(b) name and address of the representative in the Dominican Republic if the applicant is
not resident in the country;
(c) the denomination of the trademark whose registration is being applied for, if it
consists of a name;
(d) a reproduction of the trademark if it consists of a stylized denomination of a
particular shape, type or colour or is a figurative, mixed or three-dimensional mark,with or without the use of colour;
(e) a list of the products or services for which it is wished to protect the mark, classified
according to the international classification of goods and services in force and
indicating the number of each class;
(f) the documents and authorizations required in the cases mentioned in Arts. 73 and 74,
where appropriate;
(g) the signature of the applicant or his duly authorized representative, if any;(h) evidence of payment of the corresponding fee.Art. 76.- Filing date.(1) The date of filing of the application shall be deemed to be that on which it is received
by the National Industrial Property Office, provided that it contains at least the following elements:
(a) a statement that the applicant is filing for the registration of a trademark;(b) particulars identifying the applicant;
(c) the denomination of the trademark whose registration is being applied for, or a
reproduction thereof in the case of a figurative, mixed or three-dimensional mark,
with or without the use of colour; and
(d) a list of the products or services for which it is desired to protect the mark, with an
indication of their classification.
(2) If any of the elements indicated in the preceding paragraph are missing, the National
Industrial Property Office shall notify the applicant in order that he may make good the omission.  If
he fails to make good the omission, the application shall be considered null and void.
Art. 78.- Formal examination.IP/Q/DOM/1, IP/Q2/DOM/1,
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(1) The National Industrial Property Office shall determine whether the application meets
the requirements of Art. 75 and the corresponding regulations.
(2) If any of the requirements of Art. 75 or the corresponding regulations is not satisfied,
the Office shall notify the applicant in order that he may make good the error or omission within a
period of thirty days, on pain of having the application treated as abandoned and shelved ex officio.
If the error or omission is not made good within the period specified, the Office shall consider
the application to have been effectively abandoned.
Art. 79.- Examination of the substance.(1) The National Industrial Property Office shall determine whether the trademark is
subject to any of the prohibitions laid down in Arts. 73 and 74(a).  The Office may seek to determine,
on the basis of the information available to it, whet her the trademark is subject to the prohibition in
Art. 74(d).
(2) If the trademark is affected by any of the prohibitions in question, the Office shall
notify the applicant, indicating the objections preventing registration and giving him a period of sixty
days to withdraw, modify or limit his application or contest the objections raised, as appropriate.  If
this period expires without the applicant having responded or if, the applicant having responded, theOffice considers that the objections still apply, registration shall be denied in a reasoned decision.
Art. 80.- Publication, opposition and issue of certificate.(1) Once the application has been examined, the National Industrial Property Office shall
order the publication of a registration application notice, at the applicant’s expense, in the official
organ of the National Industrial Property Office.
(2) Any third party may object to the registration application within forty-five (45) days
of publication of the notice referred to in paragraph 1).
(3) Once the period for raising objections has passed, the National Industrial Property
Office shall rule, in a single decision, on the applications and any objections which may have been
made, in accordance with the procedure of Art. 154. If it is decided to grant registration, the owner
shall be issued with a trademark registration ce rtificate containing the data specified in the
regulations.
(b) Rights of the owner
Article 86(1) of Law 20-00 establishes the rights of the owner of a trademark.
Art. 86.- Rights conferred by registration.
(1) Registration of a trademark confers on its owner the right to proceed against third
parties who, without his consent, perform any of the following acts:
(a) Apply, attach or affix in any way a distinguishing sign identical or similar to the
registered mark to products for which the mark has been registered, or to thecontainers, wrappings, packaging or packing of such products, or to products which
have been produced, modified or treated by means of services for which the mark has
been registered, or which can be linked to those services in any other way;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(b) remove or alter a mark which its owner or a person authorized by the owner has
applied, attached or affixed to the products mentioned in the preceding subparagraph;
(c) manufacture labels, containers, wrappings, packaging or other such materials as may
reproduce or contain a reproduction of the registered mark, and sell or stock such
materials;
(d) refill or re-use for commercial purposes containers, wrappings or packaging bearing
the mark;
(e) make commercial use of a sign identical or similar to the mark on the same products
or services as those for which the mark has been registered, or for different products
or services where the use of the sign in connection with those products or services
might create confusion or a risk of association with the holder of the registration;
(f) make commercial use of a sign identical or similar to the registered mark where such
use might mislead or confuse the public or, by diluting the distinctiveness of
commercial value of the mark or by taking unfair advantage of its prestige, unjustly
damage the owner’s economic or commercial interests;
(g) make public use of a sign identical or similar to the mark, even for non-commercial
purposes, where such use might dilute the distinctiveness or commercial or
advertising value of the mark or take unfair advantage of its prestige.
10. Please provide the length and terms of protection that the trademark law of the
Dominican Republic provides for a trademark.
Under Art. 81 of Law 20-00, the term of protection for a registered trademark is ten years
from the date of granting of the registration, and registration may be renewed indefinitely for
successive periods of ten years each, which is consistent with Art. 18 of the TRIPS Agreement.
Additional question:
Please explain any procedures for renewi ng a trademark registration that may be
available under the laws of the Dominican Republic.
The renewal of trademark registrations is governed by Articles 82 and 83 of the Industrial
Property Law (No. 20-00).  The Articles stipulate as follows:
"Article 82.  Renewal of registration.
A trademark registration may be renewed for consecutive periods of ten years, as from the
date of expiry of the previous period
Article 83.  Registration renewal procedure
(1) An application to renew a registration must be accompanied by a sworn declaration
setting out the frequency and form of use of the trademark, as well as evidence of use as determined
by the regulations.  The registration shall be renewed by payment of the renewal fee within the six
months preceding the date of expiry of the previous period.  It may also be renewed within a grace
period of six months from the date of expiry of the registration, with in such cases, the payment of theIP/Q/DOM/1, IP/Q2/DOM/1,
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established surcharge, in addition to the appropriate renewal fee.  The registration of the trademark
shall be fully operative during the period of grace.
(2) When the renewal is made, no change may be made in the trademark nor may the list
of products or services for which the trademark is registered be expanded, but the trademark owner
may reduce or limit the list.
(3) Certification shall be issued that renewal has been entered in the register and the
renewal shall mention any reduction or limitation of the list of products or services that the trademark
distinguishes.  After the issue of the certification, the office shall publish renewals in the Official
Journal, at the applicant's expense."
11. Please describe the criteria that are used to determine whether a trademark or service
mark is well-known, citing to the relevant provisions of law and regulations.
The criteria used to determine whether a mark is well-known are laid down in Art. 70(j) of the
Law, where the characteristics for considering a distinctive sign to be well-known are established.
Likewise, the implementing regulations empower th e National Industrial Property Office to determine
the documentation necessary to register a well-known mark.
Art. 70.- Concepts used.For the purposes of this Law:(j) "well-known sign" means a distinctive sign known to the relevant sector of the public
or to business circles in the country or in international trade, irrespective of themanner or means by which it has come to be known.
12. Please explain how the Dominican Republic law provides for the protection of well-
known marks for dissimilar products, as required by Article 16.3 of the TRIPS Agreement.
Please cite to the relevant provisions of the laws and regulations.
The provisions of Art. 16.3 of the TRIPS Agreement are incorporated in the legislation of the
Dominican Republic by Art. 74(b) and (d), according to which marks are not registrable if their use
impairs third-party rights by leading to confusion, a risk of association with a third party, exploitation
of the well-known nature of the sign or the weakening of its distinctiveness, expressed in terms of
commercial value.  The article reads as follows:
Art. 74.- Marks not  registrable by reason of third-party rights.
A sign may not be registered as a trademark if it would impair any third-party right.  For these
purposes, consideration shall be given, in particular, to those cases in which the sign it is desired to
register:
(b) is identical or similar, in a way which might lead to confusion, to a mark that has not
been registered but is being used by a third party and would have a better right to
registration, provided that the mark is for the same products or services, or for
products or services that are different but liable to be associated or linked with thosedistinguished by the mark used;
(d) consists of a total or partial reproduction, imitation, translation or transcription of a
distinctive sign well known in the country to the relevant sector of the public,IP/Q/DOM/1, IP/Q2/DOM/1,
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whatever the products or services to which the sign is applied, if its use is liable to
lead to confusion, a risk of association with the third party, the unfair exploitation of
the well-known nature of the sign, or the dilution of its distinctiveness or commercial
or advertising value.
In addition to the above, the provisions on unfair competition prevent the unauthorized use of
a well-known foreign mark.  In this connection, Art. 177(g) of the Industrial Property Law stipulates
that using, in the course of trade, a sign whose registration is prohibited under Art. 74 of the Law,
which, among other things, prohibits the registration of well-known marks belonging to third parties,
shall be considered an act of unfair competition.
13. Please explain whether the Dominican Republic law permits the registration of generic
terms, which are in the English or Spanish language, citing any relevant laws or regulations.
Law 20-00 prohibits the registration of a mark consisting of generic terms, in English or in
Spanish, for reasons intrinsic to the sign, whether it takes the form of a scientific or technical name ora word commonly used in trade.  This is laid down in Art. 73.1(d) and (f).
Art. 73.- Marks not registrable for reasons intrinsic to the sign.
(1) No sign may be registered as a trademark if:
(d) it consists exclusively of a sign or indication which, in the everyday language of the
country or commercial usage, is the common or usual generic designation of the
products or services concerned, or is the scientific or technical name of a product or
service;  or
(f) is not sufficiently distinctive with respect to the products or services to which it is
applied as to differentiate them from like or similar products or services.
D. 
GEOGRAPHICAL INDICATIONS
14. Please describe in detail how the laws of the Dominican Republic 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 ofgeographical indications so protected.
(a) Protection of geographical indications:
The protection of geographical indications required by Art. 22.2 of the TRIPS Agreement is
provided for in the ten (10) articles (Arts. 124 to  134) of Title II, Chapter VI of the Dominican
legislation.  Geographical indications cannot be regi stered under the Law if they would be misleading
or if their use might induce error or confusion in the mind of the public.  Accordingly, Art. 126
provides for proceedings against the improper use of such indications.
Art. 124.- Use of geographical indications.A geographical indication may not be used in the course of trade in relation to a product or
service if that indication is false or misleading with respect to the origin of the product or service or if
it might create confusion in the mind of the public with respect to the origin, quality, source,
characteristics or properties of the product or service.
Art. 126.- Proceedings against the improper use of geographical indications.IP/Q/DOM/1, IP/Q2/DOM/1,
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Any interested party, and in particular pr oducers, manufacturers and craftsmen, consumers
and the Office of the Attorney General, may initiate proceedings, individually or jointly, before the
competent authorities for any purpose relating to the enforcement of the provisions of Art. 124.
(b) Examples of protected geographical indications
So far, no geographical indications have been registered under Law 20-00.  However, this
Law grants protection to geographical indications even if they have not been registered, in accordance
with Arts. 72 and 73, which read as follows:
Art.72.- Signs deemed to be trademarks.(2) Without prejudice to the other provisions of this Law and other applicable legislation,
trademarks may also consist of national or foreign geographical indications, provided that they are
sufficiently arbitrary and distinctive with respect to the products or services to which they are applied,
and their use is not liable to create confusion with regard to the origin, source, qualities orcharacteristics of the products or services for which the marks are used.
Art. 73.- Trademarks not registrable for reasons intrinsic to the sign.(1) No sign may be registered as a trademark if:
it may mislead trade circles or the public as to the source, nature, method of
manufacture, qualities, suitability for use or consumption, quantity or any other
characteristic of the products or services concerned;
Example:  Scotch whisky, champagne, port.
15. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications for
such products.
The legislation of the Dominican Republic affords the same high level of protection to all
geographical indications and appellations of origin, without distinction as to the type of product to
which the indication or appellation is applied.  Thus, all geographical indications enjoy protection at
the highest level mentioned in Art. 23 of the TRIPS Agreement.
The directly relevant provision is Art. 124 of the Industrial Property Law which stipulates that
a geographical indication may not be used in the course of trade in relation to a product or service if
that indication is false or misleading with respect to the origin of the product or service, or if its use
might create confusion in the mind of the public with respect to the origin, quality, source,
characteristics or properties of the product or service.  The use of a geographical indicationidentifying wines or spirits for products of this kind not originating in the place indicated by the
geographical indication in question will constitute a false geographical indication prohibited by
Art. 124.
The following provisions of the Industrial Property Law are also relevant:Art. 73.- Marks not registrable for reasons intrinsic to the sign.IP/Q/DOM/1, IP/Q2/DOM/1,
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(1) No sign may be registered as a trademark if:
(i) it may mislead trade circles or the public as to the source, nature, method of
manufacture, qualities, suitability for use or consumption, quantity or any othercharacteristic of the products or services concerned;
(j) it reproduces or imitates an appellation of origin registered in accordance with this
Law for the same products, or for different products if there is a risk of confusion as
to the origin or other characteristics of the products, or a risk of unfair advantage
being taken of the prestige of the appellation of origin, or if it consists of a
geographical indication that does not comply with the requirements of Art. 72(2);
Art. 126.- Proceedings against the improper use of geographical indications.Any interested party, and in particular producers, manufacturers and craftsmen, consumers
and the Office of the Attorney General may initiate proceedings, individually or jointly, before thecompetent authorities for any purpose relating to the enforcement of the provisions of Art. 124.
Moreover, Art. 134 concerning the cancellation of the registration of an appellation or origin
allows any third party to request the cancellation of such registrations if they violate Art. 128.
Art. 134.- Cancellation of the registration of an appellation of origin.
(1) At the request of any of the parties mentioned in Art. 126, the Industrial Property
Registry shall declare the registration of an appellation of origin null and void if it is shown to be
covered by any of the exclusions for which Art. 128 provides.
(2) At the request of any of the parties mentioned in Art. 126, the Industrial Property
Registry shall cancel the registration of an appellation of origin if it is shown that the qualities or
characteristics indicated in the registration with respect to the products designated by the appellation
of origin do not correspond to those of the products placed in circulation under that appellation.
Nevertheless, interested parties may request re-registration if they consider that the conditions
for protection have been restored.
Article 166(b), (c) and (d) establishes the penalties for breaches of the law:Art. 166.-  Penalties.A penalty of three months’ to two years’ ordinary imprisonment or a fine of ten to fifty
minimum wages, or both, shall be incurred by whoever intentionally:
(b) without the consent of the owner of a dis tinctive sign performs any of the following
acts in relation to a trade name, label or emblem:
(i) makes commercial use of an identical distinctive sign for an identical or
related business;
(ii) makes commercial use of a similar distinctive sign when it is likely to create
confusion;IP/Q/DOM/1, IP/Q2/DOM/1,
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(c) makes commercial use in relation to a product or service of a geographical indication
that is false or likely to mislead the public as to the origin of that product or service or
as to the identity of the producer, manufacturer or supplier of the product or service;
(d) makes commercial use in relation to a product of a false or misleading appellation of
origin, or an imitation of an appellation of origin, even where the true origin of the
product is indicated, or the appellation is used in translation or accompanied by
expressions such as "type", "kind", "style", "imitation" or the like;
PARAGRAPH.- Liability for the acts described above extends to persons who order them or
arrange for them to be carried out, the legal representatives of corporate entities and all thosewho, knowing the act to be unlawful, take part in, facilitate or conceal it.
Under Art. 177(c) the infringement of geographical indications constitutes an act of unfair
competition and therefore any third party may institute the proceedings for which the law provides.
This provision is supplemented by Art. 183 of the same law.
Art. 177.- Unfair competition relating to distinctive elements of an undertaking.The following, in particular, constitute acts of unfair competition:
(c) using or propagating indications or claims liable to mislead or induce error with
respect to the commercial source, geographical origin, nature, method of
manufacture, suitability for use or consumption, quantity or other characteristics of
one’s own products or services or those of another;
Art. 183.- Proceedings against an act of unfair competition.
(1) Anyone who considers himself to have been injured by an act of unfair competition
may initiate proceedings before the competent judicial authority.
(2) In addition to the person directly injured by the act, any association, federation, union
or other entity representing a professional or business group or consumers shall be entitled to bringproceedings if its members’ interests are adversely affected.
E. 
INDUSTRIAL DESIGNS
16. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of the Dominican Republic, and describe the natureof the protection provided.
The protection available for industrial designs is described in the sixteen (16) articles
(Arts. 54 to 69) of Title I, Chapter III of Law 20-00.
(a) Procedure:
The procedure to be followed in registering an industrial design is laid down in Arts. 61 to 66
of Law 20-00.  To obtain registration it is necessary to file an application with ONAPI, which, after
determining that all the formal and substantial requi rements of the law have been met, will issue a
certificate.  In this connection, Art. 58 of Law 20-00 specifies the conditions or requirements forprotection.IP/Q/DOM/1, IP/Q2/DOM/1,
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Art. 58.- Requirements for protection.
(1) An industrial design shall be protected if it is new.
(2) An industrial design shall be considered new if it has not been disclosed or made
available to the public, anywhere in the world, by publication, marketing, use or any other means,
before the date on which the person holding the right to obtain protection files an industrial design
registration application in the Dominican Republic, or the recognized priority date, as the case may
be.
(3) For the purposes of determining novelty no account shall be taken of any disclosure
made within the twelve months preceding the registration application date, provided that such
disclosure was the direct or indirect result of acts performed by the designer or his assignee, or of a
betrayal of trust or breach of contract, or of an unlawful act directed against either of them.
(4) An industrial design shall not be considered new merely because it incorporates
minor differences with respect to earlier designs.
Art. 61.- Standing of applicant.(1) An applicant for the registration of an industrial design may be a natural or juridical
person.
(2) If the applicant is not the designer, the application must indicate how he acquired the
right to obtain registration.
Art. 62.- Application for multiple designs.
The registration of two or more industrial designs may be requested in a single application,
provided that they all apply to products in the same classification group.
Art. 63.- Registration application.
(1) Applications for the registration of an industrial design shall be filed with the
National Industrial Property Office and shall include the following:
(a) A request for the granting of registration, together with particulars of the applicant
and the designer and the data specified in the regulations;
(b) a graphic or photographic reproduction of the industrial design, it being permissible
to submit more than one view of the design if the latter is three-dimensional; in the
case of two-dimensional designs on a textile fabric, paper or other flat material, the
reproduction may be replaced by a sample of the product that incorporates the design;
(c) a description of the products to which the design will be applied and the classification
heading and subheadings of the products;
(d) evidence of payment of the prescribed fee in accordance with the number of product
subcategories and the number of designs for each product.IP/Q/DOM/1, IP/Q2/DOM/1,
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(2) The regulations shall specify the number of copies and the size of reproductions of
the industrial design and may deal with other aspects relating thereto.  If the application comprises
two or more industrial designs, the corresponding reproductions shall be unambiguously numbered.
Art. 64.- Acceptance and filing date of the application:
(1) The filing date of the application shall be deemed to be the date of its receipt by the
National Industrial Property Office, provided that it contains at least the following elements:
(a) An indication, express or implicit, that  the purpose of the application is the
registration of an industrial design;
(b) sufficient information to identify the applicant;(c) a graphic or photographic reproduction of the industrial design; in the case of two-
dimensional designs on textile fabric, paper or other flat material, a sample of theproduct incorporating the design may be provided in place of a reproduction.
(2) If any of the elements mentioned in paragraph 1) are missing from the application, the
National Industrial Property Office shall notify the applicant in order that he may make good the
omission.   If the omission is made good, the date of receipt of the omitted elements shall bedesignated as the application filing date.  If the omission is not made good, the application shall be
treated as null and void.
Art. 65.- Examination of the application.
The National Industrial Property Office shall determine whether the subject matter of the
application constitutes an industrial design in accordance with Art. 54, whether it falls within the
prohibition of Art. 55(3) and whether it meets the requirements of Art. 58.
Art. 66.- Ruling and registration.If these requirements are met, the National Industrial Property Office shall register the
industrial design, issue a registration certificate containing the data included in the corresponding
registration, and order that the registration be published in the official organ.
(b) Nature of the protection
The nature of the protection conferred on industrial designs is established in Arts. 59 and 60
of the Law:
Art. 59.- Scope of protection.(1) The protection granted an industrial design confers on its owner the right to prevent
third parties from exploiting the design.  Thus, with the limitations for which the Law provides, the
owner has the right to proceed against anyone who, without his authorization, manufactures, sells,
offers for sale or uses, or imports or stocks for any of these purposes a product that reproduces or
incorporates the protected industrial design, or whose appearance gives the same general impression
as made by the protected industrial design.IP/Q/DOM/1, IP/Q2/DOM/1,
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(2) The performance of one of the acts mentioned in paragraph 1) shall not be considered
lawful merely because the design reproduced or incorporated is applied to a type or kind of product
different from that indicated in the registration of the protected design.
Art. 60.- Limitations on the protection of an industrial design.
(1) The protection accorded to an industrial design shall not extend to those elements or
characteristics of the design that are determined solely by the performance of a technical function and
fail to incorporate any arbitrary contribution by the designer.
(2) The protection accorded to an industrial design shall not extend to those elements or
characteristics of the design whose reproduction is necessary to enable the product incorporating the
design to be mechanically assembled or connected to another product of which it forms an integral
part.
17. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
The procedure for registering textile designs is the same as for any other industrial design.
Thus, the provisions mentioned in response to the previous question are applicable, and in particular
Art. 63(b) which reads as follows:
(1) Applications for the registration of an industrial design shall be filed with the
National Industrial Property Office and shall include the following:
(b) a graphic or photographic reproduction of an industrial design, it being permissible to
submit more than one view of the design if the latter is three-dimensional; in the case
of two-dimensional designs on a textile fabric, paper or other flat material, the
reproduction may be replaced by a sample of the product that incorporates the design.
F. PATENTS
18. Please describe in detail the way in which the patent law of the Dominican Republic
implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, andincluding details regarding the protection for micro-organisms and non-biological and
microbiological processes and plant varieties.  Please identify any pending legislation with
respect to plant patent protection and any sui generis protection that is provided.  Please cite to
the relevant provisions of the law.
Article 27 of the TRIPS is incorporated in Arts. 1 and 3 of Law 20-00 which read:
Art. 1.-  Definition of inventionAn invention is any idea or creation of the human intellect capable of industrial application
that meets the patentability requirements of this Law.  An invention may relate to a product or
a process.
Art. 3.- Patentability requirements.
An invention is patentable if it is capable of industrial application, is new and involves an
inventive step.IP/Q/DOM/1, IP/Q2/DOM/1,
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Article 2 provides for the following exceptions to patentability:
Art. 2. – Subject matter excluded from patent protection.
(1) Subject matter that does not conform with the definition in Article 1 of this Law shall
be deemed not to be an invention and shall therefore be excluded from patent protection.  In
particular, the following are deemed not to be inventions:
(a) Discoveries which consist in making known something that already exists in nature,
scientific theories and mathematical methods;
(b) exclusively aesthetic creations;
(c) economic or business plans, rules or methods and those relating to purely intellectual
or industrial activities or the playing of games;
(d) methods of presenting information;
(e) computer programs;(f) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;(g) any kind of living matter and substances pre-existing in nature;(h) juxtapositions of known inventions and mixtures of known products and variations of
their shape, size or materials, unless they are combined or fused so that they cannotfunction separately or their characteristic qualities or functions are modified to obtain
an industrial result not obvious to a person skilled in the art;
(i) products or processes already patented, put to a use different from that contemplated
in the initial patent.
(2)  The following inventions shall not be patentable or publishable:
(a) Those whose exploitation would be contrary to ordre public  or morality;
(b) those which are clearly contrary to human or animal health or could cause
serious prejudice to the environment;
(c) plants and animals, other than micro-organisms, and essentially biological
processes for the production of plants or animals other than non-biological
and microbiological processes.   New plant varieties shall be protected under
a special law, in accordance with Article  27.3(b) of the TRIPS Agreement.
The implementing regulations for Law 20-00, Regulation No. 408-00, establish the following
procedure for the deposit of  micro-organisms and biological substances:
Art. 6.-   Deposit of biological material and micro-organisms.Until the institutions for receiving deposits of biological material needed to describe
applications relating to micro-organisms are designated, applicants may deposit such material
with any of the international deposit authorities recognized by the Budapest Treaty on theIP/Q/DOM/1, IP/Q2/DOM/1,
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International Recognition of the Deposit of Micro-organisms for the Purposes of Patent
Procedure of 28 April 1977.
In any event, such deposit institutions must satisfy the following conditions:
• be permanent;
• not be under the control of the depositors;
• have the appropriate personnel and facilities for checking the relevance of the deposit
and ensuring its storage and preservation without risk of contamination;
• provide the security measures necessary to minimize the risk of loss of biological
material.
Additional question:
Please clarify whether purifications or isolations of materials found in nature are
considered patentable subject-matter.  If not, please explain which provisions of the TRIPS
Agreement authorize their exclusion from patentable subject-matter.  Also, if purifications or
isolations are not considered inventions, please explain why they cannot be solutions to technical
problems.
The materials found in nature are not patentable, even though they have been purified or
isolated, unless they are intrinsically modified.  The materials found in nature are not man-made
products.  Only man-made products may constitute inventions.  The act of purifying or isolating a
material found in nature does not convert it into an invention.  For an invention, it is necessary for the
natural material to be modified by the intervention of man, in other words, for the product of nature tobe essentially transformed by man's actions.  Mere purification or isolation of a material found in
nature does not entail such an essential transformation.  In addition, neither the TRIPS Agreement nor
any international agreement defines what is considered to be an invention.  Every country is free to
define that concept in its domestic legislation.
Article 27.1 of the TRIPS Agreement requires Members to protect inventions by patents.  The
TRIPS Agreement does not contain any obligation to grant patents to materials that do not constitute
inventions.  Since the materials found in nature do not constitute inventions there is no obligation to
protect them by patents.
Not every technical solution constitutes an invention.  The materials (inert or living) found in
nature are the product of nature and not the product of man.  Even though those materials may be used
to solve a technical problem they cannot be looked on as inventions.  This situation is not changed
because the material found in nature has been purified or isolated.  For example, copper found in the
earth in the natural state can be isolated from the earth and purified for use as a raw material inmanufacturing electric cables for efficient transmission of electricity.  Copper's high conductivity
offers a solution to the technical problem of findin g the best means to transmit electricity efficiently.
Nevertheless, this property of copper would not allow anyone who discovers copper in nature and
isolates and purifies it to claim copper as an invention of his own, since such a person would not have
invented copper.  He would simply have found it in nature and recovered and concentrated it for use,
without modifying its essence.
It is understood that if the technique of isolation, separation or purification of the material
from its natural state complies with patentability requirements, it can be claimed to be a specific
invention.IP/Q/DOM/1, IP/Q2/DOM/1,
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19. Please describe in detail the rights provided patent holders under the patent law of the
Dominican Republic and cite to the relevant provis ions of law.  Please confirm that the rights
described in Article 28.1 of the TRIPS Agreement are provided to patent owners in the
Dominican Republic.
Under Law 20-00 the patent holder has the right to prevent third parties from making, using,
offering for sale, selling or importing the patented pr oduct, without his consent.  If the patent is for a
process, he may prevent third parties from using the process or offering for sale, selling or importing
the product obtained directly by that process, without his consent.  These provisions can be found in
Art. 29, which reads as follows:
Art. 29.- Rights and protection conferred by a patent.
(1) A patent shall confer on its owner the right to exclude third parties from exploiting
the patented invention  Thus, with the limitations for which the Law provides, the patent holder shall
have the right to proceed against anyone who, without his authorization, performs any of thefollowing acts:
(a) Where the patent has been granted for a product:
(i) makes the product;
(ii) offers for sale, sells or uses the product or imports or stocks it for any of these
purposes.
(b) where the patent has been granted for a process:
(i) uses the process;
(ii) performs any of the acts indicated in subparagraph a) with respect to a
product obtained directly by using the process.
(2) The scope of the protection conferred by a patent shall be determined by the claims.
The claims shall be interpreted in the light of the description and drawings and, where applicable, the
biological material deposited.
20. Please describe in detail any provisions in the laws of the Dominican Republic
permitting unauthorized use of a patent, citing to  the relevant provisions of law, and describe in
detail the conditions under which such use can occur.
Law 20-00 permits certain uses without the authorization of the right holder, but these cases
are exhaustively listed in Arts. 30, 31, 40 and 44 of the Dominican law.  These exceptions to the rights
conferred on the patent holder are similar  to those contained in Arts. 30 and 31 of the TRIPSAgreement.
Art. 30.- Limitation and exhaustion of patent rights.A patent does not give the right to prevent:(a) Acts performed in a private environment and for non-commercial purposes;IP/Q/DOM/1, IP/Q2/DOM/1,
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(b) acts performed exclusively for experimental purposes with respect to the patented
invention;
(c) acts performed exclusively for the purposes of teaching or scientific or academic
research;
(d) the sale, rental, use, usufruct, importation or any other mode of marketing of a
product protected by the patent or obtained by the patented process, once that product
has been introduced into the commerce of an y country, with the consent of the owner
or a licensee or in any other lawful way.  Products or processes that infringe industrial
property law shall not be deemed to have been lawfully introduced;
(e) acts mentioned in Art. 5 of the Paris Convention for the Protection of Industrial
Property;
(f) where the patent protects biological material capable of being reproduced, the use of
that material as the basis for obtaining a viable new biological material, except where
the patented material must be used repeatedly to obtain the new material;
(g) those uses which are necessary to obtain sanitary approval and to market a product
after the patent protecting it has expired.
Art. 31.-  Rights of a prior user of the invention.(1) The rights conferred by a patent may not be asserted against a person who, in good
faith and before the filing date or, where applicable, the priority date of the corresponding patentapplication, was already producing the product or using the process constituting the invention in the
country, or had made effective and serious preparations for such production or use.
(2) Such a person shall have the right to continue producing the product or using the
process as before, or to begin production or use as planned.  This right may only be assigned or
transferred together with the business or establishment in which the product or process is being or is
to be produced or used.
(3) The exception for which this article provides shall not apply if the person wishing to
avail himself thereof has acquired his knowledge of the invention unlawfully.
Art. 40.- Compulsory licences.(1) Where a potential user has made efforts to obtain a licence from the patent owner on
reasonable commercial terms and conditions and such efforts have not been successful within two
hundred and ten (210) days of the licence being requested, the National Industrial Property Office,
after hearing the owner, may issue compulso ry licences in relation to that patent.
PARAGRAPH.- Wherever warranted, the Natio nal Industrial Property Office shall grant
compulsory licences if the interested party can show:
(a) That he possesses the technical and economic capacity to undertake the use in
question.  His technical capacity shall be assessed by the competent authority, in
accordance with the specific national provisions in force for each branch of activity.
Economic capacity shall be understood to mean the ability to fulfil the obligations
arising out of the working of the patent;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(b) where the patent relates to a raw material from which it is intended to develop a
finished product, that the applicant is able to develop the finished product himself or
through third parties in the country, except in those cases in which production in thenational territory is impossible.
(2) In determining what is to be understood by reasonable commercial terms and
conditions, account shall be taken of the particular circumstances of each case and the economic value
of the authorization, bearing in mind the average fees for the sector in question established in
commercial licensing agreements between independent parties.
Art. 44.- Conditions for granting compulsory licences.
(1) Where compulsory licences are granted, the following provisions shall apply:(a) Licences shall be granted by the National Industrial Property Office;(b) the particular circumstances of each case shall be considered;(c) compulsory licences shall extend to such patents for components and processes as
enable them to be exploited;
(d) the grant of a licence shall be non-exclusive;(e) licences shall be non-assignable, except with that part of the enterprise or its goodwill
in which they are incorporated;
(f) licences shall be granted predominantly for the supply of the domestic market, except
in the cases specified in Arts. 41 and 46;
(g) the patent owner shall be paid reasonable remuneration, in accordance with the
particular circumstances of each case, with account for the economic value of the
authorization.  In determining the amount of remuneration in cases in which
compulsory licences have been granted to remedy anti-competitive practices, the needto correct such practices shall be taken into account and termination of the grant may
be refused if it is considered that the conditions which led to the granting of the
licence are likely to recur.
(2) A person granted a compulsory licence must begin exploiting it within two years of
the licence having been granted.
(3) Where the patent protects some form of semi-conductor technology, compulsory
licences shall be granted only for public non-commercial use, or to remedy a practice declared to be
anti-competitive.
(4) A compulsory licence may be terminated, in whole or in part, by the competent
authority, at the request of the owner, if the circum stances which led to its being granted cease to exist
and are unlikely to recur, provided that such te rmination does not adversely affect the legitimate
interests of the licensee.
(5) A compulsory licence may be modified by the competent authority, at the request of
an interested party, where justified by new facts or circumstances.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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21.  What term of protection does the patent law of the Dominican Republic provide for
patents?  Please describe any provisions for extension of the term of protection and cite to the
relevant provisions of the law.
Article 27 of Law 20-00 establishes a non-extendible term of twenty (20) years from the date
of filing of the application in the Dominican Republic.
22. Please explain whether Article 2(1) or any other provisions of the Industrial Property
Law of the Dominican Republic provide for the protection of new uses for known products, as
required by Article 27.1 of the TRIPS Agreement.
Under Article 2, paragraph 1(i) of Industrial Property Law 20-00, a product or process could
not be newly patented because of a use different from the one covered in the original patent.  It is one
of the matters excluded from patent protection because it is not deemed to be an invention.
However, it is understood that if the new use is in keeping with the definition of an invention
under Article 1 and meets the patentability requirements set out in the law it constitutes an invention
and is therefore patentable.
Additional question:
Please explain how the Dominican Republic has implemented the requirement in
paragraph 7 of Article 70 of the TRIPS Agreement to permit applicants to have claims drawn to
pharmaceutical products in applications that were pending on the effective date of the
Industrial Property Law and that disclosed the products as well as the process of making them.
Pursuant to Article 70.7 of the TRIPS Agreement and as a result of the Dominican Republic's
accession to the Agreement Establishing the World Trade Organization (WTO), the national industrial
property authority can be requested to modify a patent application pending so as to add claims to one
or more products disclosed in the descriptive memorandum initially submitted but not claimed at that
time.  This broadening of claims would be accepted only to the extent that it did not involve
broadening the subject-matter disclosed in the initial application.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
23. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of the Dominican Republic, including the term of protection, and cite to the
relevant provisions of law.  .
The protection of rights in layout-designs of integrated circuits will be governed by special
legislation in the process of being reviewed by the Executive Branch before being submitted to the
National Congress.
H. PROTECTION OF UNDISCLOSED INFORMATION
24. Please describe in detail how the laws of the Dominican Republic provide for the
protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and
provide citations to the relevant provisions of law.
The protection of undisclosed information, as required by Art. 39.2 of the TRIPS Agreement,
is dealt with in Title VI, Chapter I of Law 20-00 entitled “Acts of unfair competition”.  In particular,
attention is drawn to Arts. 178, 179, 180 and 183, which read as follows:IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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Art. 178.- Definition and conditions for the protection of a trade secret.
(1) Any undisclosed commercial information within the control of a natural or juridical
person that can be used for a productive, industrial or commercial activity and is capable of being
transmitted to a third party shall be deemed to be a trade secret.
(2) A trade secret shall be recognized as such for protection purposes if the constituent
information:
(a) Is not, as a body or in the precise configuration and assembly of its components,
generally known among or readily accessible to persons within the circles that
normally deal with such information;  and
(b) has been subject to reasonable steps by the person lawfully in control thereof to keep
it secret.
Art. 179.- Unfair competition in relation to trade secrets.The following acts performed in relation to a trade secret shall constitute unfair competition:
(a) Exploiting, without the authorization of the legitimate holder, a trade secret to which
access has been had under a duty of secrecy resulting from a contractual or
employment relationship;
(b) communicating or disclosing, without the authorization of the legitimate holder, the
trade secret referred to in subparagraph a) for one’s own advantage or that of a third
party or with the intention of injuring the said holder;
(c) acquiring a trade secret by means that are unlawful or contrary to honest commercial
practices;
(d) exploiting, communicating or disclosing a trade secret acquired by the means referred
to in subparagraph (c);
(e) exploiting a trade secret obtained from another when the exploiter knows, or should
have known, that  the person who communicated the secret has acquired it by the
means referred to in subparagraph c), or has not been authorized to communicate it bythe legitimate holder;
(f) communicating or disclosing a trade secret obtained in accordance with
subparagraph (e), for one’s own advantage or that of a third party, or with the
intention of injuring the legitimate holder of the trade secret.
Art. 180.- Unfair means of access to a trade secret.A trade secret shall be considered to have been acquired by means contrary to honest custom
and practice where such acquisition is the result of, among other things, industrial espionage, breachof a contract or other obligation, betrayal of trust,  breach of a duty of loyalty or inducement to commit
any of these acts.
Art. 183.- Proceedings against an act of unfair competition.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(1) Anyone who considers himself to have been adversely affected by an act of unfair
competition may bring proceedings before the competent judicial authority.
(2) In addition to the person directly injured by the act, any association, federation, union
or other entity representing a professional or business group or consumers shall be entitled to bring
proceedings if its members’ interests are adversely affected.
25. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in the Dominican Republ ic and cite to the relevant provisions of law.
In accordance with the provisions of Art. 39.3 of the TRIPS Agreement, Art. 181 of the
Industrial Property Law specifies the following with respect to the protection of undisclosed
information submitted to the authorities to obtain marketing approval:
Art. 181.- Information for marketing approval.
(1) Where the procedure before a competent national authority for obtaining approval for
the marketing or sale of a pharmaceutical or agricultural chemical product that contains a new
chemical component requires the submission of secr et data or information, these shall be protected
against unfair commercial use by third parties.
(2) The secret data or information referred to in the preceding subparagraph shall be
protected against disclosure.  The data or information may be disclosed by the competent national
authority where necessary to protect the public, or where adequate steps are taken to protect it againstunfair commercial use by third parties.
Additional question:
Please explain what measures are being taken to protect certain test and other data
mentioned in Article 181 of the Industrial Property Law against unfair commercial use.  Please
clarify the duration of protection against unfair commercial use.
Pursuant to Article 181 of the Industrial Property Law, the competent national authority for
authorizing the marketing or sale of a pharmaceutical or agrochemical product containing a new
chemical component will protect that information against unfair commercial use by third parties.  The
authority will not allow third parties access to that information.  Since third parties are not allowedaccess to the information in question, they cannot use it in any way.
The competent national authority's obligation not to allow third parties to access to secret data
or information does not have any duration.  So long as the data or information is secret in character,
the national authority will not allow access to it by unauthorized third parties.  It is understood that theabove obligation does not place any restriction on the competent national authority's power to use any
data or information at its disposable in order to fulfil its statutory function of authorizing a
pharmaceutical and agrochemical products that meets the established sanitary conditions.  This
internal use of information for the legal purposes mentioned, in other words, strictly for the purposes
of public management, does not in any way entail unfair commercial use of the information, for suchuse is permitted by law and is for non-commercial public purposes.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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26. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible?
Article 39.3 of the TRIPS Agreement establishes only two specific obligations, namely, (a)  to
protect such data against unfair commercial use, and (b) to protect such data against disclosure.  The
TRIPS Agreement does not impose any obligation to  prevent third parties obtaining marketing
approval for products identical or similar to those previously approved, nor does it provide for the
granting of any "period of exclusivity" in favour of a previous applicant for marketing approval.
Anyone may request and obtain from the competent authorities a marketing permit for his
own version of a previously approved pharmaceutical or agricultural chemical product, provided that
he complies with the requirements of the relevant legislation.  The approval authority may not
discriminate between earlier and later applicants, bein g required to treat all equally in accordance with
the law.
The mere fact of requesting a public authority to approve a pharmaceutical or agricultural
chemical product identical to another previously approved by the same authority does not constitute a
use of the data held by that authority.  Persons requesting marketing approval for a second product
equivalent to another product previously approved cannot use the data submitted by the first applicantsince they do not have access to them.  As the information is confidential, the health authority may
not communicate such data to the later applicant or allow him access to them.
I. E
NFORCEMENT
27. Please describe in detail the manner in which the laws of the Dominican Republic
provide for effective action against infringement of intellectual property rights as required by
Article 41.1 of the TRIPS Agreement.
The requirements of Art. 41.1 of the TRIPS Agreement are incorporated in various articles of
our industrial property legislation.
(A)  Expeditious administrative procedures to prevent infringements are set out in Art. 154 of Law
20-00 which concerns proceedings before the National Industrial Property Office:
Art. 154. Proceedings before the National Industrial Property Office.Proceedings before the National Industrial Property Office shall be conducted in accordance
with the following rules:
(a) Complaints shall be made, in writing, to the head of the relevant department, who
shall rule thereon with the assistance of  two examiners from his own department.
(b) The head of the relevant department shall, within ten (10) days of the date of receipt,
notify the complaint to the right holder who shall have thirty (30) days from the date
of notification in which to respond.
(c) All those entered in the register and anyone having any registered right relating to the
industrial property right forming the subject of the complaint shall be notified of the
complaint within ten (10) days of the date of receipt.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(d) The initiator of the proceedings shall be notified of the right holder’s response within
ten (10) days of receipt in order that he may exercise his right of reply, within thirty
(30) days of receipt of the notification.  The head of the relevant department shall
issue a duly reasoned resolution within two (2) months of the expiration of the finaltime-limit accorded to the parties.
(e) Once the arguments have been presented and the evidence taken, the case shall be
submitted to the head of the department and the examiners for decision and, if the
nature of the complaint so requires, one or more technical reports may be requested.
(f) The head of the relevant department shall issue a duly reasoned resolution within
three (3) months of the expiration of the final time-limit accorded to the parties.
(g) The parties shall be notified of the resolution issued by the head of the department in
the manner prescribed by the regulations.
(B) Infringements and judicial procedures are the subject of Arts. 166 and 167 of Law 20-00.
Where criminal procedures are concerned, violations of the Law are categorized as ordinary
offences punishable by imprisonment and a fine.
Art. 166.-  Penalties.
A penalty of three months’ to two years’ ordinary imprisonment or a fine of ten to fifty
minimum wages, or both, shall be incurred by anyone who wilfully:
(a) Without the consent of the owner of a distinctive sign makes commercial use of an
identical sign or a registered trademark, or a direct copy or fraudulent imitation
thereof, in relation to products or services that it distinguishes or to related products
or services;
(b) without the consent of the owner of a dis tinctive sign performs any of the following
acts in relation to a trade name, label or emblem:
(i) makes commercial use of an identical distinctive sign for an identical or
related business;
(ii) makes commercial use of a similar distinctive sign when it is likely to create
confusion;
(c) makes commercial use in relation to a product or service of a geographical indication
that is false or likely to mislead the public as to the origin of that product or service or
as to the identity of the producer, manufacturer or supplier of the product or service;
(d) makes commercial use in relation to a product of a false or misleading appellation of
origin, or an imitation of an appellation of origin, even where the true origin of the
product is indicated, or the appellation is used in translation or accompanied by
expressions such as "type", "kind", "style", "imitation" or the like;
(e) continues to use an unregistered trademark confusingly similar to another registered
trademark, or after an administrative penalty imposed for this reason has become
final;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(f) offers products for sale or introduces them into circulation or provides services with
the trademarks referred to in connection with the previous infringement;
(g) manufactures or develops products protected by a patent or utility model, without the
consent of the owner or without the appropriate licence;
(h) offers for sale or introduces into circulation products covered by a patent or utility
model, knowing them to have been manufactured or developed without the consent of
the owner of the patent or registration or without the appropriate licence;
(i) used patented processes without the permission of the patent owner or without the
appropriate licence;
(j) offers for sale, sells or uses, imports or stocks products that are the direct result of the
use of patented processes, knowing them to have been used without the consent of theowner of the patent or the licensee;
(k) reproduces or imitates industrial designs protected by registration, without the
consent of the owner or without the appropriate licence;
(l) without being the owner of a patent or utility model or enjoying the rights conferred
thereby, makes use in his products or his advertising of appellations that could
mislead the public as to the existence thereof;
(ll) conceals information from the National Industrial Property Office or furnishes it with
false information in order to obtain a patent that does not meet the requirements of
patentability.
PARAGRAPH.-  Liability for the acts described above extends to persons who order them or
arrange for them to be carried out, the legal representatives of corporate entities and all those
who, knowing the act to be unlawful, take part in, facilitate or conceal it.
Art.  167.- Proceedings.
(1) Proceedings for the imposition of the penalt ies indicated in the preceding article shall
be initiated by the right holder.
(2) The provisions of ordinary criminal law shall be residually applicable, always
provided that they do not conflict with the present law.
(3) None of the procedures to which the application of the present law may give rise shall
be subject to the provision of the prior security laid down in Art. 16 of the Civil Code and Arts. 166
and 167 of the Code of Civil Procedure and its amendments.
(C) The civil procedures are described in Ar t. 168 and the pe nalties of ordinary law and
provisional measures in Arts. 173, 174 and 175 of Law 20-00:
Art. 168.- Civil remedies for infringement.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(1) A right holder protected under this law may bring a civil action before the competent
court against anyone who infringes that right.  He may also proceed against anyone who performs acts
that clearly reveal the imminence of an infringement.
(2) In the event of co-ownership of a right, any of the co-owners may bring an action for
infringement of that right, without it being necessary to obtain the consent of the others, unless
otherwise agreed.
Art. 173.-   Enforceable measures in actions for infringement.In an action for infringement of rights protected under this law, one or more of the following
measures may be requested:
(a) Cessation of the infringing acts;(b) indemnification for damage suffered;(c) seizure of the products of the infringement, of any advertising material referring to
those products and of means used exclusively for committing the infringement;
(d) the transfer of ownership of the products and means referred to in subparagraph c), in
which case the value of the products will be deducted from the damages;
(e) measures necessary to prevent the continuation or repetition of the infringement,
including the destruction of the means seized under subparagraph c), if indispensable.
Art. 174.-  Provisional measures.
(1) Whoever initiates or is about to initiate an action for infringement of an industrial
property right may request the court to order immediate provisional measures, for the purpose of
ensuring the effectiveness of the action or the payment of any damages.
(2) The court shall only order provisional measures if the person requesting them can
show, by producing evidence deemed sufficient by the court, that an infringement has been committed
or is imminent.
(3) Provisional measures may be requested before, after or concurrently with the
initiation of an action for infringement.  If the measures are ordered before the action is initiated, theyshall be rendered null and void if an action is not brought within ten (10) days of the order being
issued.
(4) The competent court may order as provisional measures those which are appropriate
to ensure the enforcement of the judgement hand ed down in the corresponding proceedings.  The
following provisional measures, among others, may be ordered:
(a) The immediate cessation of the acts which allegedly constitute an infringement,
except where the defendant opts to continue performing the said acts by providing
such security or other assurance as shall be prescribed by the court;
(b) the preventive seizure, inventorying or deposit of samples of the articles forming the
subject of the infringement and of m eans intended exclusively for committing the
infringement;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(c) the competent court shall order the plaintiff to provide security or equivalent
assurance sufficient to indemnify the defendant, should the final decision be in the
latter’s favour, for any damage he may have suffered as a result of the complaint;
(d) if the holder of a trademark right has good reason to suspect that goods are about to
be imported under conditions such that his rights would be impaired, he may request
the court to order the Republic’s customs authorities to suspend, as a precautionary
measure, the release of the said goods into free circulation or their exploitation, as the
case may be.
(5) The court shall only accept the request and adopt measures if the petitioner supplies,
together with the request and in writing, a sufficiently detailed description of the goods to make them
readily recognizable by the customs authorities.
(6) The court shall order the deposit with the court registry of a sum of money or security
equivalent to not less than three times the value of the import operation in question, in the form of
cash or a certified cheque, to cover any damage suffered by the defendant, should the plaintiff lose the
case.
Art. 175.- Calculation of damages.In calculating damages, the portion correspond ing to loss of income for which compensation
is required may be computed on the basis of any of the following criteria:
(a) The profits that would presumably have accrued to the right holder in the absence of
competition from the infringer;
(b) the profits earned by the infringer as a result of the infringing acts;(c) the price that the infringer would have paid the right holder for a contractual licence,
with due regard for the commercial value of the subject matter of the right infringed
and the contractual licences already granted.
PARAGRAPH.- Anyone filing suit for infringement of rights shall be liable for any injury
caused to the alleged infringer in the event of malicious or reckless actions or complaints.
As far as the Law on Copyright is concerned, there are three possible courses of action (civil,
criminal and administrative).
The civil remedies available to the holder of copyright protected by this law are set out in
Chapter II on “Civil actions and procedure”, Arts. 176 to 184.
In this connection, actions for damages under Art. 177 can be brought jointly with the public
action or separately in the civil courts before the court of first instance of the place of domicile of the
defendant (Art. 176).  According to this article, anyone who, without the consent of the holder,
performs any of the acts that constitute a moral or economic right recognized by law shall be liable to
the said holder for the injury caused by the infringement of his right, regardless of whether or not hewas aware of the infringement.
Other civil remedies available to the holders of rights recognized by the Law on Copyright
include, for example, requesting the court, without prior notification of the other party, to authorizeIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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the attachment or sequestration of the unlawful objects or materials, in his own custody or in that of a
third party.  This action may be taken if the right holder has good reason to fear that his rights may be
infringed or that the elements of the unlawful ac t could disappear (Art. 179).  The right holder may
also request the court to order the immediate suspension of the unlawful activity, especially anyunlawful reproduction, distribution, communication to the public or importation.
Likewise, the holder of copyright or a related right, his successors in title or their contractual
representative, if they have reason to fear the infringement of their rights, may request the court of
first instance, before the main action is initiated, to  issue a warrant for the judicial inspection of the
place where the infringing acts are presumed to be taking place (Art. 180).
The attachment or sequestration measure ordered by the court may be lifted by the same court
as ordered the inspection, at the request of the party against whom it was enforced, if a main action for
infringement of the right is not initiated within 30 working days of enforcement (Art. 183).
Under Art. 184, non-resident foreign plaintiffs are not obliged to provide the judicatum solvi
security prescribed by Art. 16 of the Civil Code of the Dominican Republic and Arts. 166 and 167 of
the Code of Civil Procedure.
Criminal actions can be used to protect the holders of copyright or related rights and may be
brought by the holder, his successors in title or their contractual representative.  It is for the holder todecide whether to choose this route or to resort to civil or administrative proceedings in order to assert
his rights (Art. 168).   Articles 169 to 175 specify the penalties for infringements of copyright and
related rights.
The administrative procedures are described in Arts. 187 to 189 of the Law on Copyright.
28. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party's claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of the Dominican Republic provide this authorization, citing to the relevant
provisions of law or regulation.
Law 834 of 1978 establishes the general procedure in civil proceedings for the production of
evidence or the communication of documents within the control of the other party or a third party.
This judicial procedure is described in Arts. 55, 56, 57, 58 and 59 of the aforementioned Law 834:
"Communication of documents between the parties.Art. 55.- If in the course of an action a party makes use of a public or private instrument to
which it has not been a party, or of a document that is in the possession of a third party, it may request
the trial court to order that a certified copy be handed over or the instrument or document produced.
Art. 56.- The request shall be made without formality.
Should the court deem the request to be well-founded, it shall order that the instrument or
document be handed over or produced, in the original, or as a copy or extract thereof, depending on
the circumstances, under the conditions and with such guarantees as it may specify, if necessary onpain of a fine.
Art. 57.- The court’s decision shall be provisionally enforceable, summarily if necessary.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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Art. 58.- Should difficulties arise, or should any lawful claim be raised, the court that ordered
the handing over or production of the documents may, upon request made to it without formality,
retract or change its decision.  Third parties may file an appeal against the new decision within 15
days of its being handed down.
Art. 59.- The production of evidence in the possession of one of the parties shall be requested
and the evidence produced in accordance with the provisions of Arts. 55 and 56.
Moreover, in the case of process patents Law 20-00 establishes a rebuttable legal presumption
that removes the burden of proof from the patent  owner and obliges the defendant to disprove that
presumption ( juris tantum ).  Thus, Art. 170 reads as follows:
Art. 170.-  Presumption of use of the patented process.(1) For the purposes of civil proceedings, if the subject matter of a patent is a process for
obtaining a product that is new under the terms of this law, the competent court may order a defendantwho markets an identical product to prove that the process used to obtain that product is different
from the patented process.  In the adduction of proof to the contrary, the legitimate interests of the
defendant in protecting his manufacturing and business secrets shall be taken into account.
(2) In the cases contemplated by this article, it shall be presumed, in the absence of proof
to the contrary, that any identical product produced by a third party, without the consent of the patent
owner, has been obtained by the patented process, provided that the product obtained by the patented
process is new under the terms of this law.
29. Please describe in detail all of the civil remedies that are available to right holders under
the laws of the Dominican Republic, citing to the relevant provisions of law or regulation.
Civil remedies are rights which our legislation accords to the holder of an industrial property
right who considers his right has been or is about to be infringed.  These remedies are described in
Arts. 168, 173 and 175 of Law 20-00, which read as follows:
Art. 168.- Civil remedies for infringement.(1) A right holder protected under this law may bring a civil action before the competent
court against anyone who infringes that right.  He may also proceed against anyone who performs acts
that clearly reveal the imminence of an infringement.
(2) In the event of co-ownership of a right, any of the co-owners may bring an action for
infringement of that right, without it being necessary to obtain the consent of the others, unless
otherwise agreed.
Art. 173.-   Enforceable measures in actions for infringement.In an action for infringement of rights protected under this law, one or more of the following
measures may be requested:
(a) Cessation of the infringing acts;(b) indemnification for damage suffered;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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(c) seizure of the products of the infringement, of any advertising material referring to
those products and of means used exclusively for committing the infringement;
(d) the transfer of ownership of the products and means referred to in subparagraph (c),
in which case the value of the goods will be deducted from the damages;
(e) measures necessary to prevent the continuation or repetition of the infringement,
including the destruction of the means seized under subparagraph c), if indispensable.
Art. 175.- Calculation of damages.
To calculate damages, the portion corresponding to loss of income that must be compensated
for shall be computed on the basi s of any of the following criteria:
(a) The profits that would presumably have accrued to the right holder in the absence of
competition from the infringer;
(b) the profits earned by the infringer as a result of the infringing acts;(c) the price that the infringer would have paid the right holder for a contractual licence,
with due regard for the commercial value of the subject matter of the right infringedand the contractual licences already granted.
PARAGRAPH.- Anyone filing suit for infringement of rights shall be liable for any injury
caused to the alleged infringer in the event of malicious or reckless actions or complaints.
The civil remedies in the field of copyright and related rights are described in Arts. 176 to 184
of the Law on Copyright (see the response to the previous question).
30. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of the Dominican Republic, citing to the relevant provisions of law and
regulation, and indicate any condition under which a right holder may avail itself of those
procedures and remedies.
The provisional or precautionary measures for protecting holders of industrial property rights
are set out in Art. 174 of Law 20-00 and are ordered by a court at the request of the holder.  The
alleged infringer may request the lifting of the measures upon providing security or other assurance in
the amount prescribed by the court ordering the measure:
Art. 174.-  Provisional measures.(1) Whoever initiates or is about to initiate an action for infringement of an industrial
property right may request the court to order immediate provisional measures, for the purpose ofensuring the effectiveness of the action or the payment of any damages.
(2) The court shall only order provisional measures if the person requesting them can
show, by producing evidence deemed sufficient by the court, that an infringement has been committed
or is imminent.
(3) Provisional measures may be requested before, after or concurrently with the
initiation of an action for infringement.  If the measures are ordered before the action is initiated, theyIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 84
shall be rendered null and void if an action is not brought within ten (10) days of the order being
issued.
(4) The competent court may order as provisional measures those which are appropriate
to ensure the enforcement of the judgement hand ed down in the corresponding proceedings.  The
following provisional measures, among others, may be ordered:
(a) The immediate cessation of the acts which allegedly constitute an infringement,
except where the defendant opts to continue performing the said acts by providing
such security or other assurance as shall be prescribed by the court;
(b) the preventive seizure, inventorying or deposit of samples of the articles forming the
subject of the infringement and of m eans intended exclusively for committing the
infringement;
(c) the competent court shall order the plaintiff to provide security or equivalent
assurance sufficient to indemnify the defendant, should the final decision be in the
latter’s favour, for any damage he may have suffered as a result of the complaint;
(d) if the holder of a trademark right has good reason to suspect that goods are about to
be imported under conditions such that his rights would be impaired, he may requestthe court to order the Republic’s customs authorities to suspend, as a precautionary
measure, the release of the said goods into free circulation or their exploitation, as the
case may be.
(5) The court shall only accept the request and adopt measures if the petitioner supplies,
together with the request and in writing, a sufficiently detailed description of the goods to make them
readily recognizable by the customs authorities.
(6) The court shall order the deposit with the court registry of a sum of money or security
equivalent to not less than three times the value of the import operation in question, in the form of
cash or a certified cheque, to cover any damage suffered by the defendant, should the plaintiff lose the
case.
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
31. Please describe in detail the procedures under the laws of the Dominican Republic that
provide for border enforcement at least for trademark counterfeiting and copyright piracy,
identifying the competent authority and citing to  the relevant provisions of law or regulation.
The border measures for the protection of industrial property rights described in Art. 51 of the
TRIPS Agreement are included among the provisional measures that may be requested by a right
holder who considers himself to have been injured and, in particular, in Art. 174.4(d), 5 and 6 of
Law 20-00.
Art. 174.-  Provisional measures.(4) The competent court may order as provisional measures those which are appropriate
to ensure the enforcement of the judgement hand ed down in the corresponding proceedings.  The
following provisional measures, among others, may be ordered:IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 85
(d) if the holder of a trademark right has good reason to suspect that goods are about to
be imported under conditions such that his rights would be impaired, he may request
the court to order the Republic’s customs authorities to suspend, as a precautionary
measure, the release of the said goods into free circulation or their exploitation, as thecase may be.
(5) The court shall only accept the request and adopt measures if the petitioner supplies,
together with the request and in writing, a sufficiently detailed description of the goods to make them
readily recognizable by the customs authorities.
(6) The court shall order the deposit with the court registry of a sum of money or security
equivalent to not less than three times the value of the import operation in question, in the form of
cash or a certified cheque, to cover any damage suffered by the defendant, should the plaintiff lose the
case.
At the same time, under Art. 185 in Chapter III of the Law on Copyri ght concerning border
measures, where they have good reason to suspect that their rights may be infringed by the imminent
importation or exportation of unlawful goods, holders of copyright or related rights, their successors
in title, their contractual representative or the collective rights management society concerned may
request the General Customs Directorate of the Do minican Republic or the competent office of the
Fiscal Attorney to suspend the release of the goods into free circulation.  These authorities maysuspend the release of the goods ex officio.
Under Art. 185.I, if the General Directorate of Customs orders the suspension of release of
the goods it must notify both the requesting party and the importer of the measure taken, so that the
requesting party may file an action on the merits or request other measures.  For his part, the owner,importer or consignee of the goods may then apply to  the court of first instance in civil or criminal
matters for the modification or annulment of the suspension order.
It should be noted that the National Commissi on for the Protection of Intellectual Property
Rights, established by the government under Decree 303-01 of 2 March 2001, is coordinating the
work of the various bodies entrusted with the application of the Industrial Property and Copyright
Laws (ONAPI and ONDA) and, together with the General Directorate of Customs, is giving technicalcustoms personnel special training in the application of the border measures for which the TRIPS
Agreement provides.
32. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to eachform of intellectual property, citing the relevant provisions of law.
The intellectual property legislation of the Dominican Republic (the Industrial Property Law
and the Law on Copyright and Related Rights) does not provide expressly for border measures for
other forms of intellectual property.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
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33. Article 58 of the TRIPs Agreement specif ies procedures to be followed where the
competent authorities can act ex officio.  Please explain whether the competent authorities in the
Dominican Republic are empowered to act ex officio and, if so, please identify the intellectualproperty areas subject to ex officio action.
Law 65-00 on Copyright allows the judicial and administrative authorities to act ex officio to
protect copyright and related rights, without the need for a prior complaint.
Thus, Art. 185 of the Law on Copyright stipulates that the customs authorities may adopt
border measures ex officio to prevent the importati on or exportation of goods that infringe copyright
or neighbouring rights.
As far as industrial property rights are concerned, under Law 20-00 civil actions for
infringement of such rights must be initiated by the right holder who considers himself to have been
injured.  With respect to the criminal offences listed under Art. 166 of Law 20-00, the Office of theAttorney General may act ex officio only in the event of a flagrant offence, in accordance with Art. 32
of the Dominican Code of Criminal Procedure.
K. C
RIMINAL PROCEDURES
34. Please describe in detail how the laws of the Dominican Republic implement Article 61
of the TRIPS Agreement that requires Members to have criminal procedures and penalties,
including imprisonment and/or monetary fines suffic ient to act as a deterrent, at least for cases
of wilful trademark counterfeiting and copyright infringement on a commercial scale.  Please
cite to the relevant provisions of law and regulation.
Title V of Law 20-00 establishes violations of i ndustrial property rights and its Single Chapter
describes the acts that qualify as offences, the penalties for those acts, the procedure to be followed
and the conditions of extinction of the public right of action.
Article 166 prescribes correctional prison sentences ranging from 3 months to 2 years and a
fine of from ten to fifty minimum wages, or both, fo r counterfeiting or using, without authorization, a
distinctive sign or trademark, infringing a geographical indication, infringing the rights of a patentowner, infringing the rights in an industrial desi gn or utility model, and concealing information from
or supplying false information to the National Industr ial Property Office in order to obtain a patent.
The final paragraph of the article establishes the liability of those who take part in the infringement or,
being aware of it, conceal it.  (See text of Art. 166 in the response to Question 26 concerning
enforcement.)
Also relevant are the provisions of Art. 167 on criminal proceedings, which must be initiated
by the right holder, where it is expressly established that non-resident foreigners do not have to
provide the prior security prescribed by Art. 16 of the Civil Code and Arts. 166 and 167 of the
Dominican Code of Civil Procedure.
In Law 65-00, Art. 61 of the TRIPS Agreemen t is implemented by Arts. 168 to 172.   In
particular, Art. 168 allows the right holder to choose between civil and criminal proceedings.
Article 169 establishes a penalty of three months’ to three years’ ordinary imprisonment and a
fine of from fifty to one thousand minimum wages.  Article 170 also establishes a fine of from ten to
fifty minimum wages for improper use of the work beyond that authorized by the holder of the
protected rights.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 87
Under Art. 172, if the infringement threatens the livelihood of the right holder, the fine may
be increased to three times the amount of the materi al damage caused, and if insolvent, the infringer
will be liable to one day in prison for each peso left unpaid.
35. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Pl ease describe the provisions in the laws of the
Dominican Republic that provide for such remedies, and describe the circumstances in which
those remedies would be imposed, citing to the relevant provisions of law or regulation.
The provisions of Art. 61 of the TRIPS Agreement are incorporated in Art. 173 of Industrial
Property Law 20-00, which empowers the competent court to order the closure of means of
production used exclusively for committing the infringement, the seizure of the products of the
infringement, and the awarding of the products seized  to the plaintiff or their destruction.  (See article
in response to Question 28 [ sic] of the Check-List of Issues on Enforcement, Doc. IP/N/6/DOM/1).
As for the Law on Copyright, under Art. 173 any unlawful reproduction may be confiscated
and, if the action succeeds, awarded to the right holder whose rights it served to infringe, unless the
latter asks for it to be destroyed.  The materials and equipment used in the unlawful acts may be
seized and destroyed or handed over to the injured party, without prejudice to any civil action fordamages which the latter may be entitled to bring against the infringer.
To provide a practical solution to the problem of materials that have clearly been unlawfully
reproduced remaining indefinitely in warehouses, often unnecessarily and at the same time protected
by the powers granted to the National Copyright Office (ONDA) under Law 65-00, Art. 116.7 ofRegulation No. 362-01 on the implementation of La w 65-00 authorized ONDA to proceed with the
destruction of unlawfully reproduced copies, as well as any moulds, plates, printing blocks, negatives
or other articles intended for the production of such copies, subject to a reasoned decision and after
offering the parties the right to submit arguments and evidence and having first drawn up a detailed
inventory of the goods to be destroyed. In such  cases, ONDA will always retain a number of the
unlawful copies seized for submission to the court as evidence of infringement.
36. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of the Dominican Republic that provide for such procedures and
remedies, citing to the relevant provisions of law or regulation.
Article 166 prescribes correctional prison sentences ranging from 3 months to 2 years and a
fine of from ten to fifty minimum wages, or both, for counterfeiting or making unauthorized use of a
distinctive sign or trademark, and for concealing information from or supplying false information to
the National Industrial Property Office in order to obtain a patent. The final paragraph of the article
establishes the liability of those who take part in the infringement or, being aware of it, conceal it.(See responses to Questions 26, 33 and 34.)
The Industrial Property Law also prescribes criminal penalties for infringement of patents,
industrial designs, trade names, labels, commerci al emblems and protected geographical indications.
Law 65-00 lists the various ways in which infringements violate the rights protected by the
Law, but it does not specifically categorize the cases in which aggravated penalties are applicable,
except for the following:IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 88
(a) Under Art. 171(I), in the event of a repeat offence the maximum penalty may be
imposed on the repeat offender.
(b) Article 172 increases the fine to three times the amount of material damage caused.(c) Articles 119 and 120 of Regulation 362-01 implementing Law 65-00 concern that
which under the Regulation is considered to be serious misconduct.  In Art. 119 the
seriousness of the offence is determined by taking into account its scope and
consequences.
Criminal proceedings are available to protect the holders of copyright and related rights and
can be brought by the holder or his successors in title or their contractual representative.  It is for the
holder to decide whether to choose this route or to resort to civil or administrative proceedings in
order to assert his rights (Art. 168).
37. Please explain how criminal remedies are "expeditious" and "avoid unwarranted
delays" so as to prevent infringements, as required by Articles 41.1 and 61 of the TRIPS
Agreement.
All the civil, criminal and administrative procedures for which the Dominican legislation
provides are fair and equitable.  None of these procedures is unnecessarily complicated or costly orentails unreasonable time-limits or unwarranted de lays. Consequently, these procedures meet the
requirements of Arts. 41 and 61 of the TRIPS Agreement.
To fulfil its obligations under Arts. 41.1 and 61 of the TRIPS Agreement, at the
recommendation of the National Commission for the Pr otection of Intellectual Property Rights, the
Dominican government has established a Department for the Protection of Intellectual Property in the
Office of the Attorney General and in the Fiscal Attorney’s Offices of the judicial districts of Santo
Domingo and Santiago within the national territory, to enable effective and expeditious criminal
proceedings to be brought against infringers of intellectual property rights.  The staff of these
departments receive special training in intellectual property and regularly collaborate with the
administrative authorities responsible for implementing government policy in this field.
In general, the Law on Copyright establishes civil and criminal procedures in favour of the
holder of a protected right, but in Arts. 186 ff. it grants powers to ONDA with a view to expediting
these procedures and preventing the disappearance of evidence of the unlawful act.  That is to say that
ONDA may act directly, at the request of a party or ex officio, and may request the assistance of the
police, of the Attorney General’s Office and of INDOTEL, where telecommunications are concerned.
38. Please explain how administrative actions, procedures and remedies conducted by both
ONDA, the Copyright Office and INDOTEL, the Telecommunications Office, are being applied
in cases of copyright piracy at levels sufficient to provide a deterrent, as required under
Article 41 of the TRIPS Agreement.  Please explain how any pending legislation or regulationsmay affect issues related to levels of criminal penalties or other procedures related to the
investigation and prosecution of copyright infringement cases.
Protecting copyright as effectively as possible, more specifically in order to comply with the
TRIPS Agreement, while removing any barriers to legitimate trade, is the basic objective ofLaw 65-00.  ONDA and INDOTEL have concluded an in ter-institutional agreement under which they
are required to cooperate in combating copyright and telecommunications infringements and, in fact,
the two institutions have been working together on inspections and operational actions involvingIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 89
broadcasting organizations. ONDA is also working closely together with members of the Attorney
General’s Office to provide mutual assistance in copyright protection proceedings.
As we have explained, the Dominican Republic ’s Law on Copyright (65-00) was promulgated
in August 2000, and its implementing regulations were issued in March 2001, so that our legislation
in this field is very recent and modern and fully adapted to the requirements of the international
agreements to which the Dominican Republic is party, such as the new WIPO conventions.  We
therefore regard it as one of the most complete in Latin America.
39. Please explain how the civil procedures and remedies afforded under the new Copyright
Law are being applied at levels adequate to compensate for the inju ry the right holder has
suffered, as required by Article 45.1 of the TRIPS Agreement.
Article 168 allows the holders of protected rights to choose between civil, criminal and
administrative proceedings.  No procedural object ion or delay with respect to this option will be
admitted for the continuation of the proceeding initia ted. Cases submitted to the courts of justice are
heard by the ordinary courts (Court of First Instan ce and its criminal or civil divisions, as the case
may be).
In order to provide quick and effective remedies for infringements of protected rights,
Arts. 111 and 112 of Regulation 362-01 empower ONDA to order, on an administrative basis, theimmediate cessation of the infringer’s unlawful activity, and to order and enforce preventive or
precautionary measures for:
- Preventing the infringement of any of the rights recognized by law and, in particular,
preventing the introduction of the allegedly infringing goods into the channels ofcommerce, including measures to prevent the entry of imports;
- preserving relevant evidence relating to the alleged infringement.These preventive or precautionary measures include:(a) The immediate suspension or cessation of the unlawful activity;(b) the seizure or confiscation and withdrawal, without prior notice, of the copies
improperly produced or used and of the material and equipment employed to commit
the infringement, together with any relevant documentary evidence.
Actions for damages are the subject of Art. 177 of Law 65-00.  They can be brought jointly
with the public action or separately under the civil procedure before the court of first instance of the
place of domicile of the defendant (Art. 176).  Accord ing to this article, regardless of whether or not
he was aware of the wrongdoing, anyone who, without the consent of the holder, performs any of the
acts that constitute a moral or economic right recognized by  law shall be liable to the holder for theinjury caused by the infringement of his right.
Under the administrative procedure, there is no express provision for ordering compensation
for injury suffered by the right holder; however, in arbitration proceedings, the National Copyright
Office (ONDA) may establish civil damages, in accordance with the general rules of arbitration ofordinary law, in compensation for the injury caused.
At the same time, the Law and its regulations empower ONDA to impose administrative
sanctions such as: warnings, fines, compensation for omissions, temporary closure of the infringingIP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 90
establishment for up to 30 days, definitive closure, seizure or confiscation of unlawful copies,
destruction of unlawful copies, and publication of the decision at the infringer’s expense.
40. Please explain how the Dominican Republic complies with the requirement that its civil
copyright enforcement procedures shall not entail unwarranted delays, as required by
Article 41.2 of the TRIPS Agreement, and will  permit effective action against any act of
infringement, as required by Article 41.1 of the TRIPS Agreement.
As already explained, Law 65-00 offers holders of protected rights a choice of three different
proceedings, civil, criminal and administrative (see Arts. 176 to 184 and 187(3)).
L. STATISTICAL INFORMATION
41. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated-circuit layout design, and trade secret
enforcement for 2000, including the number of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and theamount of damages awarded.
The Dominican Republic has no special system for registering or monitoring civil intellectual
property complaints, but between 12 May 2000 and 30 April 2001 the National Industrial Property
Office received a total of 560 new objections and applications for annulment; during the same period338 pending cases were resolved, and 71 were administratively closed, under both Law 1450 and the
new Law 20-00.  These data cover only trademarks and trade names, as there were no administrative
complaints concerning other types of industrial property rights.
42. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any otherinformation establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
In the year 2000, in the field of industrial property, 12 actions for violation of Law 20-00 of
8 May 2000 were brought before the criminal courts of the National District (capital of the Republic),in only one of which did the plaintiff voluntarily withdraw the action.  In all cases, the Department for
the Protection of Intellectual Property seized goods as means of proof, but there are no statistical data
on how many of these actions led to first-degree convictions.
Since its creation in 1993, the National Copyri ght Office (ONDA) has taken important steps
to prevent and combat violations of the law.  The number of these actions has increased as a result of
the wider powers granted to ONDA under Law 65-00 of August 2000 and its implementing
Regulation No.362-01 of 14 March 2001.  Thus, between September 2000 and May 2001 there were
altogether 218 inspections, 103 operations to seize unlawful material and 80 recommendations for
judicial referral to the various Fiscal Attorneys of the Dominican Republic.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 91
V. REPLY TO THE QUESTION POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Under Art. 8 of Law 65-00 of 21 August 2000 on Copyright, the protection of the law extends
to:
• Works whose author or, at least, one of whose co-authors is Dominican or domiciled
in the Dominican Republic.
• Works published for the first time in the Dominican Republic, or within thirty (30)
days of their first publication.
• Works of nationals or persons domiciled in member countries of any of the
international treaties to which the Dominican Republic is party or to which it may
accede in the future.
• Works published for the first time in one of the member countries of such agreements
or treaties, or within 30 days of their first publication.
• Performances, phonographic productions and broadcasts, under the terms of the title
of this law concerning related rights.
The same article also provides that in the absence of an applicable international agreement,
foreign works, performances, phonographic productions and broadcasts will enjoy the protection of
the law, provided that in the country of origin ef fective reciprocity is accorded to Dominican authors,
performers, producers and broadcasters, as the case may be.
Thus, our copyright law accords to all copyright and related right holders who are nationals or
residents of other member countries of the international agreements to which the Dominican Republic
is party the same treatment as it accords to copyright and related right holders who are nationals or
residents of the Dominican Republic, and in the absence of an applicable international agreement
copyright and related right holders from foreign countries will receive the same protection as thosecountries themselves accord to copyright and related right holders from the Dominican Republic.
At the same time, under Art. 184, non-resident foreigners are not obliged to provide the
judicatum solvi  security prescribed by Art. 16 of the Civil Code of the Dominican Republic and
Arts. 166 and 167 of the Code of Civil Procedure. This provision places foreign plaintiffs on the samefooting as national plaintiffs.
Clearly, these provisions of the law reflect the provisions of Art. 3 of the TRIPS Agreement.With regard to the most-favoured-nation treatment for which Art 4 of the TRIPS Agreement
provides, our Law on Copyright does not grant any additional advantage, favour, privilege or
immunity to the nationals of any one country that is not accorded to the nationals of other countries,IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 92
thus providing the same protection for copyright and related right holders of all other countries as it
provides for Dominican copyright and related right holders.IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 93
VI. REPLIES TO THE QUESTIONS POSED BY SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
The protection established for geographical indications in Art. 22.2 of the TRIPS Agreement
is incorporated in Arts. 124 to 134 of the I ndustrial Property Law (Law 20-00).  These provide
protection for geographical indications in general and appellations of origin in particular.  Article 124
stipulates that a geographical indication may not be used in the course of trade in relation to a product
or service if that indication is false or misleading w ith respect to the origin of the product or service or
if its use might create confusion in the mind of the public with respect to the origin, quality, source,characteristics or properties of the product or service.
Under Art. 126 of Law 20-00, any interested party, and in particular producers, manufacturers
and craftsmen, consumers and the Office of the Attorney General may initiate proceedings,
individually or jointly, before the competent authorities to prevent the commercial use of a false ormisleading geographical indication.
Articles 127 to 134 of the Industrial Property Law (Law 20-00) permit the registration of
appellations of origin as a special type of geographical indication.
Moreover, Art. 128(a) declares the registration of a geographical indication unacceptable if it
could mislead trade circles or the public as to the source, nature, method of manufacture, qualities,
suitability for use or consumption, quantity or any other characteristic of the products or services
concerned.
B. P
ATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exist and how they
comply with Article 27 of the TRIPS Agreement.
The exclusion from patentability of certain subject matter under Art. 2 of the Industrial
Property Law is based on the fact that it does not constitute an invention and therefore lies outside thescope of the provisions of the TRIPS Agreement relating to patents or is subject matter whose
exclusion is permitted under Art. 27.2 and 3 of the TRIPS Agreement.
The exceptions to patentability for which Art. 2 of Law 20-00 provides are as follows:
(1) Discoveries which consist in making known something that already exists in nature,
scientific theories and mathematical methods; this is because the discovery of things
that already exist in nature does not constitu te an invention, while scientific theories
and mathematical methods are protected by Law 65-00 on Copyright;
(2) exclusively aesthetic creations; these do not involve an inventive step and are
protected by Law 65-00 on Copyright;
(3) economic or business plans, rules or methods and those relating to purely intellectual
or industrial activities or the playing of games;
(4) methods of presenting information, which are protected by Law 65-00 on Copyright;IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 94
(5) computer programs, which are also protected by Law 65-00 on Copyright (see Art. 10
of the TRIPS Agreement);
(6) diagnostic, therapeutic and surgical methods for the treatment of humans or animals,
in accordance with Art. 27.3(a) of the TRIPS Agreement;
(7) any kind of living matter and substances pre-existing in nature, in accordance with
Art. 27.3(b) of the TRIPS Agreement;
(8) juxtapositions of known inventions and mixtures of known products, since they are
not new;
(9) products or processes already patented, put to a use different from that contemplated
in the initial patent.
  Likewise, the following inventions are not patentable or publishable:
(a) Those whose exploitation would be contrary to ordre public  or morality (see Art. 27.2
of the TRIPS Agreement);
(b) those which are clearly contrary to human or animal health or could cause serious
prejudice to the environment (see Art. 27.2 of the TRIPS Agreement);
(c) plants and animals, other than micro-organisms, and essentially biological processes
for the production of plants or animals other than non-biological and microbiologicalprocesses.   New plant varieties will be protected under a special law, a preliminary
draft of which has been submitted to the National Congress.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
According to Art. 39 of Law 20-00, working a patent, if granted for a product or a process for
obtaining a product, means providing the domestic market with a reasonable supply in terms of
quantity, quality and price, through production in the country or importation, and if the patent has
been granted for a process different from that indicated, on a commercial scale in the country.
In accordance with this provision, a compulsory licence would not be granted for non-use if
the patent is being worked through importation and the domestic market is being provided with a
reasonable supply in terms of quantity, quality and price.
4. Does your legislation make the granting of a compulsory license subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant
provisions of law.
The Dominican legislation deals with the requ irements for granting a compulsory licence in
Arts. 40 to 47 of Law 20-00. These include all the requirements established in the TRIPS, and inparticular:  the refusal of the right holder to grant a licence on reasonable commercial terms and
conditions; prior hearing of the right holder by a representative of the National Industrial Property
Office; the right holder to be paid adequate remuneration; licences to be non-exclusive, non-IP/Q/DOM/1, IP/Q2/DOM/1,
IP/Q3/DOM/1, IP/Q4/DOM/1
Page 95
assignable and granted predominantly for the supply of the domestic market; compulsory licences
may be terminated, in whole or in part, by the competent authority, at the request of the right holder.
Compulsory licences may be granted if a potential user has made efforts to obtain a licence
from the patent owner on reasonable commercial terms and conditions and these efforts have not been
successful within two hundred and ten (210) days of the corresponding licence being requested.
The National Industrial Property Office will grant a compulsory licence if the interested party
can show that he possesses the technical and economic capacity to undertake the use in question and,
where the patent relates to a raw material from which it is intended to develop a finished product, that
he is able to develop the finished product himself or through third parties in the country, except inthose cases in which production in the national territory is impossible.
In determining what is to be understood by reasonable commercial terms and conditions,
account must be taken of the particular circumstances of each case and the economic value of the
authorization, bearing in mind the average fees for the sector in question established in commerciallicensing agreements between independent parties.
Anyone who is granted a compulsory licence must begin working it within two years of the
licence having been granted.
At the same time, where the patent protects some form of semi-conductor technology,
compulsory licences will be granted only for public non-commercial use, or to remedy a practice
declared to be anti-competitive.
Any compulsory licence may be terminated, in whole or in part, by the competent authority,
at the request of the right holder, if the circumstances which led to it cease to exist and are unlikely to
recur, provided that such termination does not adve rsely affect the legitimate interests of the licensee.
Likewise, a compulsory licence may be modified, at  the request of an interested party, where
justified by new facts or circumstances.
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
In the case of process patents, Law 20-00 establishes a rebuttable legal presumption that
removes the burden of proof from the patent owner and obliges the defendant to disprove that
presumption ( juris tantum ).  Thus, according to Art. 170, for the purposes of civil proceedings, if the
subject matter of a patent is a process for obtaining a new product, the competent court may order a
defendant who markets an identical product to prove that the process used to obtain that product is
different from the patented process, the legitimate interests of the defendant in protecting his
manufacturing and business secrets being taken into account.
In the absence of proof to the contrary, any identical product produced by a third party,
without the consent of the patent owner, will be presumed to have been obtained by the patented
process, provided that the product obtained by the patented process is new under the terms of the law.
C. P
ROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected againstIP/Q/DOM/1, IP/Q2/DOM/1,
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disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does your
legislation provide for exceptions to this? If yes, under what conditions would such exceptionsapply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
It should be noted that Art. 39.3 of the TRIPS Agreement establishes only two specific
obligations, namely, (a)   to protect such data ag ainst unfair commercial use, and (b) to protect such
data against disclosure.  The TRIPS Agreement does not impose any obligation to prevent third
parties obtaining marketing approval for products identical or similar to those previously approved,nor to prohibit third parties from referring to previous approvals.  Nor does the TRIPS Agreement
provide for the granting of any period of exclusivity in favour of a previous applicant for marketing
approval.
Anyone may request and obtain from the competent authorities a marketing permit for his
own version of a previously approved pharmaceutical or agricultural chemical product, provided that
he complies with the requirements of the relevant legislation.  The approval authority may not
discriminate between earlier and later applicants, bein g required to treat all equally in accordance with
the law.
In order to determine whether the later product meets the legal requirements, the authority
may take internally into account any information at its disposal, whatever its origin.  This use of the
information is neither commercial nor unfair, and does not involve any disclosure.  Consequently, it is
neither prohibited nor limited by Art. 39.3 of the TRIPS Agreement.
The mere fact of requesting a public authority to approve a pharmaceutical or agricultural
chemical product identical to another previously approved by the same authority does not constitute a
use of the data held by that authority.  Persons requesting marketing approval for a second product
equivalent to another product previously approved cannot use the data submitted by the first applicant
since they do not have access to them.  As the information is confidential, the health authority may
not communicate such data to the later applicant or allow him access to them.
In accordance with the provisions of Art. 39.3 of the TRIPS Agreement, Art. 181 of the
Industrial Property Law specifies the following with respect to the protection of undisclosed
information submitted to the authorities to obtain marketing approval:
Art. 181.- Information for marketing approval.(1) Where the procedure before a competent national authority for obtaining approval for
the marketing or sale of a pharmaceutical or agricultural chemical product that contains a new
chemical component requires the submission of secr et data or information, these shall be protected
against unfair commercial use by third parties.
(2) The secret data or information referred to in the preceding subparagraph shall be
protected  against disclosure.  The data or information may be disclosed by the competent national
authority where necessary to protect the public, or where adequate steps are taken to protect it against
unfair commercial use by third parties.
The Dominican legislation on unfair competition (which includes the protection of
undisclosed information) does not establish time-limits for the protection of undisclosed information.
The health authority must protect undisclosed data indefinitely against unfair commercial use andIP/Q/DOM/1, IP/Q2/DOM/1,
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disclosure, on the terms and conditions explained in the preceding paragraphs.  In this respect, at no
time may the health authority allow a third party access to undisclosed data nor may it communicate
or transfer them to a third party for the latter to make commercial use of them.
Follow-up questions:
A. Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency and the procedure fo r market authorization for a pharmaceutical or
of an agricultural committal product, please explain the expression "[ … ] a tereceros hacer
referencia a autorizaciones anteriores [ … ]".  Does this mean that a second applicant can
actually rely on or refer to th e original data of the first applicant when applying subsequently
for market authorization for his own product?  If so, please explain how this complies with
Article 39.3 of the TRIPS Agreement.
Article 39.3 of the TRIPS Agreement establishes only two obligations, namely, (i)  to protect
data against unfair commercial competition, and (ii) to protect such data against disclosure.  TheTRIPS Agreement does not contain any obligation to prevent third parties from obtaining market
authorization for goods identical or similar to those approved previously, or to prohibit third parties
from referring to previous authorizations.  Health authorization for a product is publicized and anyone
can refer to it.
Everyone is entitled to apply for and obtain from the competent authorities a permit to market
his own version of a previously-approved pharmaceutical or agro-chemical product, provided he
complies with the provisions of the law.  The authority issuing the market authorization cannot
discriminate between earlier and subsequent applicants and all must be treated equally in accordance
with the law.  If a product has been authorized by  the health authority and then someone else applies
for authority to market a like product, that person can indicate that the product has already been the
subject of a previous authorization.  From the health standpoint, if the health authority has approved
product "A" and product "B" is identical in health terms to product "A", which has been already
approved, the health authority would have no le gal reason to deny approval of product "B".
This summary procedure for approval does not in any way infringe Article 39.3 of the TRIPS
Agreement.  Generally speaking, this procedure does not require any test or other kind of datamentioned in TRIPS Article 39.3, for which reason this provision is not applicable.  However, in
cases where the first health approval did require the submission of such data to the health authority,
the approval of a second or subsequent like product by that authority does not involve "unfair
commercial use" or "disclosure".  There is no unfair commercial use because the health authority is
not a commercial organization nor does it engage in commercial activities.  Its function is regulatedby law for which reason it is de jure  lawful and cannot be considered unfair.  Again, any undisclosed
information kept by the health authority is not accessible to third parties nor is it disclosed in any way
during the product approval procedure.  Consequently, there is no disclosure of the data in question.
B. Please explain in this context the passage in your answer "[ … ]  autoridad podrá
internamente tomar en cuenta cu alquier información a su disposicion, cualquiera sea su origen
[ … ]" and whether a second applicant would have to submit the same amount of test data for
market authorization to the responsi ble State Agency as the first one.
See the response to the previous question.  The health authority has a legal function to
perform.  Its function is regulated by law and must be carried out technically, objectively and without
discrimination.  It consists in giving health approval for pharmaceutical (or agro-chemical) products.
The effect of the approval is simply to confirm that, from the purely health standpoint, the product issuitable for consumption (efficacy, safety, etc.).  The health authority may use any information in itsIP/Q/DOM/1, IP/Q2/DOM/1,
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possession to fulfil its legal function, including information involved in its previous decisions.  Once
the health authority has approved a particular product for one person, it is obliged to approve the same
product for other persons.  Otherwise, it would be practising unlawful discrimination.  Once the
product has been authorized, this fact is publicized.  The suitability of the product from the healthstandpoint has already been demonstrated and it does not need to be demonstrated yet again.  In the
case of a subsequent application for the same product, it would only be necessary to show that the
subsequent product to be marketed is identical, in composition, formulation and application, to the
one approved earlier.
D. E
NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
Copyright:
Law 65-00 on Copyright and its implementing Regulation No. 362-01 provide for a series of
measures that constitute effective deterrents to infringements of copyright and related rights,
including:
(a) Border measures
Article 185 of Law 65-00 authorizes holders of copyright or related rights, their successors in
title, their contractual representative or the collective rights management society concerned to request
the General Customs Directorate to suspend the clearance of imports or exports which they suspect to
be infringing.  The General Customs Directorate may also order suspension ex officio or at the request
of the corresponding Fiscal Attorney.
(b) Measures to be applied by the National Copyright Office (ONDA)
Article 186 of Law 65-00 and Art.107 of Regulation 362-01 authorize ONDA to oversee and
inspect, ex officio or at the request of a party, activities that might give rise to the enforcement of
copyright or related rights.  Thus, ONDA is empowered by the law and the regulations to take the
following action:
1. Enter freely and without prior notice, whether or not accompanied by a representative
of the Attorney General’s Office and assisted, where appropriate, by the police,
premises on which infringing acts may be being carried out.
2. Request the production of relevant registrations, licences, authorizations or
documents.
3. Order the immediate suspension of any unlawful activity it may detect.4. Retain any unlawful material, as well as equipment used in the unlawful activity and
relevant documents.
5. Record any anomalous situation it may detect.6. File a criminal complaint in connection with a suspected offence.IP/Q/DOM/1, IP/Q2/DOM/1,
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7. Impose, ex officio or at the request of a party, the administrative sanctions falling
within its competence, namely: warnings, fines ranging from 5 to 200 minimum
wages, compensation for omissions, temporary (for 30 days) or permanent closure of
the infringing establishment, seizure or confiscation of unlawful copies andequipment used for committing the unlawful act, destruction of copies unlawfully
reproduced, and publication of the decision at the infringer’s expense.
8. Develop public awareness, education and training programmes in the field of
copyright and related rights.
9. Ordering and carrying out inspections, preventive or precautionary measures,
including for the purpose of collecting evidence, whether at the request of a party or
ex officio.
10. Maintain a register of importers, distributors and suppliers of goods, services and
equipment connected with copyright or relate d rights.  Registrations must be renewed
annually and apply to: video clubs and shops, importers and distributors of
audiovisual recordings, phonograms, computers, copies of works expressed in
graphic form, art galleries, importers and manufacturers of media intended for the
fixation or reproduction of protected works and phonograms, stations for
retransmission by cable, optical fibre or other similar process, and any other naturalor juridical person engaged in the marketing of goods or equipment connected with
copyright or related rights, as determined by ONDA on the basis of a reasoned
decision.
(c) Judicial measures
Law 65-00 provides for a series of measures that can be taken by the criminal or civil courts
and also constitute an effective means of deterring infringements of copyright and related rights.
• Criminal proceedings
Under Art. 173 of the Law, any unlawful reproduction and materials and equipment used in
the unlawful act may be seized or confiscated and awarded in the sentence to the right holder whose
rights were infringed, or their destruction may be ordered, without prejudice to any civil action for
damages which the right holder may be entitled to bring against the infringer.
Even before the initiation of criminal proceedings or at any stage of the proceedings once
initiated, the court may order that the unlawful materials and the equipment used in the unlawful act,
as well as business documents connected with the commission of the offence, be provisionally seizedwithout notifying or hearing the other party, and the relevant Fiscal Attorney may carry out, even
before the initiation of criminal proceedings, any investigation or expert examination he considers
necessary to determine the existence of infringing materials.
The court will impose penalties of imprisonment for between 3 months and 3 years and fines
ranging from 50 to 1,000 minimum wages, without prejudice to any civil damages that may be
awarded, where it is proved that the work has been put to any form of unauthorized use, and fines
ranging from 10 to 50 minimum wages, if it is proved that a defendant authorized to use a work has
not complied with his legal or contractual obligations (Arts. 169 and 170).
The fines imposed may be increased to up to three times the amount of the material damage
caused if the illegal act has seriously jeopardized the livelihood of its victim, and if insolvent theIP/Q/DOM/1, IP/Q2/DOM/1,
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infringer will be liable to one day’s imprisonment for each peso left unpaid, with a maximum of two
years (Art. 172).
• Civil proceedings
Even before the civil action has been brought or during the proceedings, at the request of the
right holder, his successors in title or their representative, the competent court may issue a warrant
ordering the judicial inspection of any premises on which acts in violation of the law or its regulations
are presumed to be taking place, as well as the attachment or sequestration of the unlawful copies, the
equipment used for committing the unlawful acts, the proceeds of the distribution of the unlawful
copies, the income earned from acts of unauthorized communication to the public and devices used to
circumvent systems designed to prevent the making of unlawful copies, provided that there is goodreason to fear the infringement of the rights or that some or all of the materials used to commit the
unlawful act could disappear, in accordance with the provisions of Arts. 179 and 180 of Law 65-00.
The aggrieved party may also request the immediate suspension of the unlawful activity and
especially the reproduction, distribution, communication to the public or unlawful importation, asappropriate.
Under Art. 183 of the Law, in the final judgement establishing the existence of an
infringement, the court may order that the unlawful copies and the implements used to reproduce
them be destroyed or handed over to the plaintiff and that the operative part of the judgement bepublished, at the expense of the losing party, in one or more national newspapers.
It should be noted that Art. 184 of the Law releases the non-resident foreign plaintiff from the
obligation to provide judicatum solvi  security.
Industrial property
The Dominican legislation contains a range of provisions for preventing infringements of
industrial property rights:
(a) Administrative proceedings
Article 154 of Law 20-00 provides for the following expeditious proceedings before the
National Industrial Property Office.
Proceedings before the National Industrial Property Office shall be conducted in accordance
with the following rules:
• Complaints shall be made, in writing, to the head of the relevant department, who
shall rule thereon with the assistance of  two examiners from his own department.
• The head of the relevant department shall, within ten (10) days of the date of receipt,
notify the complaint to the right holder, who shall have thirty (30) days from the dateof notification within which to respond, and to all those entered in the register and
anyone having any registered right relating to the industrial property right forming thesubject of the complaint.
• The initiator of the proceedings shall be notified of the right holder’s response within
ten (10) days of receipt in order that he may exercise his right of reply within thirtyIP/Q/DOM/1, IP/Q2/DOM/1,
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(30) days of receipt of the notification.  The head of the relevant department shall
issue a duly reasoned resolution within two (2) months of the expiration of the final
time-limit accorded to the parties.
(b) Judicial proceedings
These are described in Arts. 166 and 167 of Law 20-00.
• Criminal proceedings
In criminal proceedings the penalties are: correctional imprisonment for between three
months and two years and a fine ranging fr om ten to fifty minimum wages, or both.
The action for the imposition of these penalties must be initiated by the right holder; the rules
of ordinary criminal law are residually applicable, always provided that they do not conflict the
provisions of Law 20-00, and the non-resident foreign plaintiff will not be obliged to provide
judicatum solvi  security.
Liability for the acts extends to persons who order them or arrange for them to be carried out,
the legal representatives of corporate entities and all those who, knowing the act to be unlawful, take
part in, facilitate or conceal it.
• Civil proceedings:
The civil procedures are described in Art. 168 and the provisional measures in Arts. 173, 174
and 175 of Law 20-00:
In an action for infringement of rights protected under this law one or more of the following
measures may be requested:
Cessation of the infringing acts; indemnification for damage suffered; seizure of the products
of the infringement, of any advertising material referring to those products and of means used
exclusively for committing the infrin gement; transfer of ownership of the products and means referred
to above; the measures necessary to prevent the continuation or repetition of the infringement,including destruction of the means seized, if indispensable.
As far as provisional measures are concerned, Law 20-00 stipulates that they may be
requested before, after or concurrently with the initiation of an action for infringement.  If the
measures are ordered before the action is initiated, they shall be rendered null and void if an action is
not brought within ten (10) days of the order being issued.
The competent court may order as provisional measures those which are appropriate to ensure
the enforcement of the judgement handed down in the corresponding proceedings.  These may
include:
The immediate cessation of the alleged acts and the preventive seizure of the articles forming
the subject of the infringement and of means in tended exclusively for committing the infringement.
In such cases the competent court shall order the plai ntiff to provide security or equivalent assurance
sufficient to indemnify the defendant for any damage he may have suffered as a result of the
complaint, should the final decision go against the plaintiff.IP/Q/DOM/1, IP/Q2/DOM/1,
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At the same time, if the holder of a trademark right has good reason to suspect that goods are
about to be imported under conditions such that his rights would be impaired, he may request the
court to order the Republic’s customs authorities to suspend, as a precautionary measure, the release
of the said goods into free circulation or their exploitation, as the case may be.
The court will only accept the request and adopt measures if the petitioner supplies, together
with the request and in writing, a sufficiently detailed description of the goods to make them readily
recognizable by the customs authorities.
Under Art. 175, in computing damages the following criteria may be taken into account: the
profits that would presumably have accrued to the right holder in the absence of competition from theinfringer; the profits earned by the infringer as a result of the infringing acts; the price that the
infringer would have paid the right holder for a contractual licence, with due regard for the
commercial value of the subject matter of the right infringed and the contractual licences already
granted.
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
Our legislation includes several new initiatives, absent from the previous legislation, which
have proved very effective for enforcing intellectual property rights.  Most of these are explained in
the response to the previous question.
In practice, the powers granted to the National Copyright Office (ONDA) to supervise
activities that could give rise to the exercise of copyright or related rights have been particularlyuseful for monitoring the enforcement of intellectual property rights.  These allow ONDA inspectors
freely to enter premises on which such rights are suspected of being infringed, question the staff,
demand documents, and seize any unlawful material they may find, as well as equipment used in the
unlawful activity, etc., without the need to be accompanied by a representative of the Attorney
General’s Office.
These powers have led to greater control over infringing acts, and in the first three months
following the promulgation of Law 65-00 ONDA carried out more inspections and seizure operations
than it had since its establishment.
At the same time, on the basis of the powers which the law gives ONDA to supervise
activities that could give rise to the exercise of copyright or related rights, Art. 109 of implementingRegulation No. 362-01 introduced the registration of importers, distributors and suppliers of goods
and services or equipment connected with copyright or related rights.  These registrations have to be
renewed annually, which has enabled the administrative authorities to monitor such activities more
closely, familiarize themselves with the places where the importers, distributors and suppliers of
copyright-related goods are located, and ensure that there are no infringements.
An extensive explanation of the initiatives relating to criminal proceedings was given in the
response to Question 7 of the questionnaire.
At the same time, by Decree 363-01, the government established the National Commission
for the Protection of Intellectual Property Rights, which is responsible for coordinating the efforts of
the various State bodies for the protection of intellectual property rights.  The members of this
Commission include the Ministry of Industry and Tr ade, the Ministry of External Relations, the
Ministry of Agriculture, the Ministry of Public Health and Social Assistance, the DominicanIP/Q/DOM/1, IP/Q2/DOM/1,
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Telecommunications Institute, the Dominican Institute of Technology, the National Copyright Office,
the National Industrial Property Office, the Office of  the Attorney General of the Republic, and other
official institutions.
At the recommendation of this Commission, a De partment for the Protection of Intellectual
Property, with national jurisdiction, was set up in the Office of the Attorney General of the Republic
to coordinate with the Fiscal Attorneys of the country’s various judicial departments operations to
supervise the enforcement of Laws 20-00 and 65-00 and to promote public action against infringers of
intellectual property rights.  The staff of this department receive special training in the field of
intellectual property and regularly collaborate with the administrative authorities responsible for
planning government policy in this area.
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