RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/DMA/1
IP/Q2/DMA/1
IP/Q3/DMA/1
IP/Q4/DMA/1
7 December 2001
(01-6230)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
DOMINICA1
The present document reproduces the introductory statement made by the delegation of
Dominica, the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 18-22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT
As a GATT Member State since its independence in 1979, Dominica has always adhered to
the simple tenet that trade liberalization is one of the keys to development.  Of course as you well
know, the requirements expected of Dominica under WTO that came into effect in 1995 are muchmore extensive than was required under GATT.  The requirements pursuant to the TRIPS Agreement
is such an example.  TRIPS is the most comprehensive multilateral intellectual property agreement to
date and it sets compulsory minimum standards which each WTO signatory state must comply.
Upon Accession to the WTO and with it, the TRIPS Agreement, Dominica's Intellectual
Property Rights regime did not meet  the obligations set out within TRIPS.  Dominica's IP laws were
based on antiquated United Kingdom IP regulations which did not incorporate basic elements ofnational treatment, and failed to protect IP to the level required under TRIPS.  Dominica's obligations
to TRIPS therefore necessitated updating all of our IP legislation and in some instances even
introducing new legislation.
Dominica's obligations under TRIPS indeed strains our scarce human resources and there is
an acute need to build technical expertise in IP rights both within the public and private sector.  Yet,
even with the typical restraints faced by small states, I am proud to report that Dominica has made
notable advances in fulfilling its TRIPS obligations.
Mr. Chairman, may I be permitted the liberty to digress a moment simply to emphasize that
while Dominica has employed a good faith effort to protect IP, we are disappointed that presently, the
WTO does not place the same vigour at implementing measures that would benefit Dominica's small
developing economy.  Especially technological tr ansfer as envisioned by Article 7 of the TRIPS
Agreement.  However, we maintain full expectation that this process will begin to occur in the near
future and it is within that spirit that we address the Council today.
                                                     
1 As regards laws and regulations notified by Dominica under Article 63.2 of the Agreement, reference
is made to documents IP/N/1/DMA/1, IP/N/1/DMA/C/1, IP/N/1/DMA/D/1, IP/N/1/DMA/G/1,IP/N/1/DMA/L/1, IP/N/1/DMA/P/1 and 2 and IP/N/1/DMA/T/1.
2 The minutes of this meeting have been circulated as document IP/C/M/32.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 2
Upon signing the TRIPS Agreement, the intellectual property laws in Dominica were:
- The Patents Act
- Registration of United Kingdom Patents Act
- The Trade Marks Act- Registration of United Kingdom Trade Marks Act- Registration of Business Names- Merchandise Marks Act
In keeping with TRIPS obligations, the following legislation has been enacted:
- Industrial Designs Act 1998
- Patents Act 1999- Marks, Collective Marks and Trade Names 1999- Protection of Geographical Indications Act 1999- Protection of New Plant Varieties Act 1999
- Protection of Layout-Designs (Topographies of Integrated Circuits) 1999
In addition, Dominica now has a Draft Copyright Act which we expect to be enacted by the
1st week in July of this year and come into force shortly thereafter.
While the aforementioned legislation have been enacted by Parliament, I should note that
none have been enforced.  The legislation can only come into force upon the declaration of theMinister of Legal Affairs.  Dominica, though a stab le democratic country, has experienced a series of
political changes which implicated the position of Minister of Legal Affairs.  In February 2000, with
the advent of a newly elected administration, the Minister of Legal Affairs who had directed the
newly enacted IP legislation was changed.  In Oc tober 2000, the death of the elected Prime Minister
incurred yet another change of administration, a new Minister of Legal Affairs was sworn in on8 June 2001.  We now have a commitment from the current Minister that the enacted IP legislation
will be come into force by the ft week in July 2001.
I will now briefly describe how Dominica's legislation meets the standards set out in TRIPS.
First and foremost, upon acceding to the TRIPS Agreement, the Registrar of the High Court
was responsible for the administration of intellectual property rights in Dominica.  However,
Dominica quickly recognized the need to maintain a separate registrar to handle the IP regime
required in light of our obligations under TRIPS and other international agreements.  Thus, the Patents
Act 1999  established the Companies and Intellectual Property Office headed by the Registrar of
Companies and Intellectual Property,  a public officer who assumes full responsibility for the
administration and enforcement of intellectual property rights.  As I speak arrangements are being
made to house the office.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 3
In addition, I must also state that, all legislation meets the enforcement requirements of
TRIPS Articles 41-49.  The High Court has jurisdiction in cases of dispute relating to the application
of all intellectual property rights.  Further any person who is aggrieved by a decision of the Registrar
of Companies and Intellectual Property has the right of appeal to the High Court. Each piece oflegislation includes provisions for criminal sanctions AND detail a minimum fine and/or a minimum
term of imprisonment for offences.
Moreover, all legislation provides for the owner of a title of protection or a licensee, or any competent
authority, to institute civil action within the High Court wherein the Court has the authority to:
- Grant an injunction- Award damages- Order seizure, forfeiture or destruction
- Grant any other remedy provided for in general law
Draft Copyright Act
The Draft Copyright Bill 1999 provides for the protection of literary and artistic works and
for related matters.  The Bill includes a TRIPS-compliant enforcement regime.  For instance, Section
31 of the Bill states protects copyright work from infringement.  Further the bill makes provision for
broader protection and enforcement by implementing fully Articles 41 - 61 of the TRIPS Agreement.
This is not the case under current copyright legislation.  In addition, this new piece of legislation will
incorporate national treatment.
Industrial Designs Act 1998
The Industrial Act 1998 protects Industrial Designs and related matters.  The Act clearly
defines registrable industrial designs and gives the right of registration to the creator of the design.
Application for registration may contain a declaration claiming priority as provided for in the Paris
Convention.  The term of protection is 5 years with option for renewal.
Patents Act 1999
Patents Act 1999 which will come into effect on July 5th 2001, repeals the existing legislation
concerning patents - the Patents Act and the Registration of United Kingdom Patents Act.
Unlike the regulations it repeals, Patents Act 1999 clearly delineates the rights conferred to
the owner of a patent in line with requirements under TRIPS Article 28 and changes the term of
protection to 20 years.  It provides protection for inventions whether products or processes and makes
no distinction as to the nationality of the applicant.  While the Act makes no reference to thepatentability of micro-organisms, it clearly states th at discoveries will not be patented. Further, the
Act details exceptions of patentability of certain inventions as authorized under Article 27.2  and 27.3
of the TRIPS Agreement.
Marks, Collective Marks and Trade Names Act 1999
Prior to acceding to the TRIPS Agreement, Dominica's trademark legislation was not TRIPS
compliant. Accordingly, the Marks, Collective Marks and Trade Names Act 1999 addresses TRIPS
Articles 15 through 21 and will repeal current legislation addressing trade marks (the Trade Marks
Act, Registration of United Kingdom Trade Marks Act, Registration of Business Names andIP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 4
Merchandise Marks Act).  The New Attorney General has committed to bring Marks, Collective
Marks and Trade Names Act 1999 into force by 5 July 2001.
The regulations to be repealed provide protection for registered trade marks and trade names
in Dominica and the United Kingdom for an initial term of 14 years.  Under the new legislation, the
exclusive right to a mark is acquired through registration with the Registrar of Companies and
Intellectual Property.  The term of protection is ten years from the date of application and protects of
trademarks and trade names prior to, or without re gistration.  Moreover, the new legislation broadens
the subject matter of a trademark by defining 'mark' to mean 'any visible sign capable of
distinguishing the goods or services of an enterprise.
The new legislation makes any use of a trade name which is likely to mislead the public is
unlawful. Acts of unfair competition such as acts to create confusion, making false allegations or
misleading acts are detailed as unlawful.
Geographical Indications Act 1999
Upon acceding to the TRIPS Agreement in 1995, Dominica had no legislation in place to
protect geographical indications.  Thus the Geographical Indications Act 1999  was enacted to bring
Dominica in compliance with Articles 22 through 24 of the TRIPS Agreement.  The Attorney General
has committed to bring the Act into force  by 5 July 2001.
Notable, under the Act, geographical indication protection is available regardless to whether
or not a geographical indication has been registered.  Further, the Act makes additional provision for
geographical indications for wines and spirits as required under Article 23 of the TRIPS Agreement.
The Act sets out procedure for registration of geographical indications, opposition to
registration, invalidation or rectification of registration and court actions for unlawful use.  Under the
Act, a wide range of interested persons including, any group of consumers and any competent
authority may register a geographical indication.
Protection of Layout-Designs (Topographies) of Integrated Circuits
Protection of Layout-Designs (Topographies) of Integrated Circuits is another new area of
legislative protection for Dominica since acceding to the TRIPS Agreement.  Thus, the Act is
responsive to obligations pursuant to Articles 35 through 38 of the TRIPS Agreement.
The Act protects original layout-designs that have not yet been exploited or have been
exploited for less than two years.  The right of protection belongs to the creator or creators of a
layout-design.  Notwithstanding, the Act makes procedural provisions for assignment and transfer by
succession and government exploitation. Procedural pr ovisions are also outlined for invalidation of a
layout-design.
Protection commences on the date of the first commercial exploitation anywhere in the world
and terminates ten years thereafter.  Protection requires filing an application with the Registrar of
Companies and Intellectual Property.
Protection of New Varieties of Plants Act 1999
The Protection of New Varieties of Plants Act 1999 is yet another example of a new area of
legislation for Dominica in order to fulfill TRIPS obligations.  Like other legislative counterparts in
Dominica's IP regime, administration and enforcement of plant varieties within the Act fall under the
control of the Companies and Intellectual Property Office.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 5
Pursuant to the Act, breeders rights are available to the breeder or to his successor in title to
protect varieties that are new, distinct, homogenous and stable.  Further the Act details all the
necessary criteria for protection, and entitlement to protection.
Other International Obligations
In addition to Dominica's national legislation discussed concerning intellectual property,
Dominica is a member state of the following international treaties and abides by the provisions
contained within them:
- Patent Cooperation Treaty;
- Paris Convention for the Protection of Industrial Property of March 20, 1883 as last
revised;
- Acts of the International Convention for the Protection of New Varieties of Plants  the
Act of December 2 1961 as amended by the additional Act of November 10 1972, the
Act of October 23, 1978 and the Act of March 19, 1991;
- World Intellectual Property Organization;- Berne Convention for the Protection of Literary and Artistic Works;- International Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organizations;
- Treaty on Intellectual Property in Respect of Integrated Circuits.Where there is a conflict between the Dominica's obligations under the listed international
treaties and Dominica national IP regime, the former prevails.
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement and throughout) have been implemented.
Article 41
Section 31 of the Copyright Bill states that the Copyright in a protected work is infringed by
any person who not being the owner of the Copyright in that work, and without the licence of such
owner does or authorises the doing in relation to that work.
The Article in section 32 prohibits the importation of an infringing copy.
Section 37 provides for infringement to be actionable by a copyright owner and section 38
provides for an order for delivery in civil proceedings.
Part IX – This part provides for a person who owns copyright in a work by written notice to
the Comptroller to request him to detain any such  pirated copy as may come into the control or
custody of customs.
Section 102  gives the power to the Court upon application to make an order that:IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 6
(a) a notice be discharged;
(b) an item detained be released;
(c) determine whether an item which the Comptroller has determined to be a pirated copy
is indeed such a copy.
It further provides for notice of proceedings to be served on the Comptroller.Further it provides that in proceedings under sub section 1 (e) the Court shall issue directions
as to the service of notice on any person having an interest in the item, the subject of the proceedings,
and any such interested person shall be entitled to:
(a) appear in those proceedings whether or not he was served with a notice under
section 61; and
(b) appeal against any order made in those proceedings, whether or not that person
appeared in the proceedings;
(c) no order made in the proceedings under subsection (3) shall take effect until the end
of the period within which notice of an appeal may be given or, if before the end of
that period notice of appeal is duly given until the end of the final determination or
abandonment of the proceedings on appeal.
Section 91 provides for an application to th e Court for review of order as to licence.
Article 44
Section 41 Patents "a Plaintiff in proceedings for infringement shall be entitled to relief by way of:
(a) an injunction;
(b) the seizure forfeiture and destruction of an infringing product or any thing by means
of which an infringing product was produced;
(c) damages;
(d) an account of the profits derived from the infringement; or
(e) any other relief provided for in general law."
Copyright Act
Section 35 provides that the permission for use of premises for an infringing performance is
an offence.
The following remedies are available to the Plaintiff:(a) damages;
(b) an injunction;IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 7
(c) seizure or destruction of an infringing copy and its packaging as well as of any
implements used to commit an infringement;
(d) accounts;
(e) expenses and legal costs incurred as  a result of the infringement;  or
(f) any other remedy which is available to the plaintiff in respect of the infringement of
any other property right.
Section 38 provides for an order for delivering up in civil proceedings.Section 39 gives the right to seize infringing copies.Section 40 and 41 provide for the rights and remedies of exclusive licence and the exercise of
concurrent rights.
Section 20 gives the Registrar the power to grant an extension of time for doing any act under
the legislation.
Section 24 of the Industrial Designs Act 2 of 1998 provides for the (section 2(1)) delivering
up or destruction of any infringing product, article or product which the infringing product form an
inseparable part.
Section 13 provides for inspection of registered designs.
De minimis  imports
Section 21 provides that no copyright shall subsist in any official text of a legislative
administrative or legal nature or any translation thereof:
Article 61:  Criminal procedures
In the Trade Marks Legislation section 29:
(1) any person who performs an act constitutes an infringement is liable to a fine not less
than ten thousand dollars but not more than thirty thousand dollars or to
imprisonment for a term of not less than three years but not more than ten years or toboth such fine and such imprisonment;
(2) any person who forges a mark or collective mark.
Any person who makes false representations to the Registrar are all liable on
conviction to a fine or both fine and imprisonment.
Article 42:  Fair and Equitable Procedures
Section 99(2) provides for notice containing such particulars as may be prescribed in support
of the claim that the item is pirated.
This provides for a period for which the notice shall be in force, that is no longer than five
years.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 8
Where the copyright in the work to which the notice relates will expire within the five year
period referred to not be longer than the period for which the copyright will last.
Patents
A protection for an offence under the Patents Act has a time limit of five years for
prosecution.
Section 62 any person who has been aggrieved by:
(2) a decision of the Minister or the Registrar under this Act, may within two months of
that decision appeal to the Court.
Section 63 in proceedings for an offence under this section it shall be a defence for the
accused to prove that he used due diligence to prevent the commission of the offence.
2. What protection does your Copyright legislation afford to "foreign works"?
Section 9 (3) of the Copyright Act on the protection of performers states "the provisions of
this Act on the protection of performers" shall apply to:
(a) performers who are not nationals of Dominica but whose performance:
(i) take place in Dominica;
(ii) are incorporated in sound recordings that are protected under this Act; or
(iii) have not been fixed in a sound recording but are included in broadcasts
qualifying for protection under this Act;
(b) A cable programme shall qualify for copyright protection if it is sent from a place in
Dominica or in a country prescribed in accordance with this Act or any law in force
regulating transmission by cable, provided that copyright shall not submit in any
cable programme if:
(i) it is included in a cable programme service by reception and
immediate re transmission of a broadcast; or
(ii) it infringes, or to the extent that it infringes, the copyright in another cable
programme or in a broadcast.
Section 7: "the provisions in this Act shall also apply to performers, producers of sound
recordings and broadcasting organisations that are eligible for protection by virtue of, and in
accordance with any international convention or other international agreement to which
Dominica is a party."
Section 9 (1): "the provisions of this Act relating to the protection of literary and artistic
works shall apply to:
(a) works of authors who are nationals of or have their habitual residences in Dominica.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 9
(b) Works first published in Dominica, and works first published in another country and
also published in Dominica within thirty days of publication in that other country,
irrespective of the nationality or residence of their authors."
3. We understand that legislation on patents has been passed, but is not yet in force.
(a) When is this legislation likely to be effectively implemented?
The legislation will be implemented within the next three months.
(b) What are the key improvements introduced by this legislation in respect of
TRIPS obligations?
On the new patent legislation, patent protection is available for any invention whether product
or process, in all fields of technology subject only to the test of novelty, inventiveness and industrial
applicability.  The owner of a patent has exclusive right to exploit the product or process including theright to assign and transfer.  Further, in civil proceeding for infringement where the subject matter of
the patent is a process, the defendant has the burden of establishing that the product was not made by
the patented process.  While the statute provides for compulsory licensing, the conditions outlined in
Article 31 of the TRIPS Agreement are also required by the statute.  Finally, an important
improvement is the enforcement regime included in th e regulation.  Provision is made for both civil
and criminal action.  Remedies include injunctions, damages, seizure, forfeiture, destruction, account
of profits, fines, and imprisonment.
4. We understand that there is draft legislation on copyright.
(a) When is this legislation likely to be effectively implemented?
The legislation will be implemented within the next three months.
(b) What are the key improvements introduced by this legislation in respect of
TRIPS obligations?
The draft copyright legislation incorporates Articles 1 – 21 of the Berne Convention (1971) as
well as Article 6 bis (moral rights).  Computer programs and data compilations (databases) are also
protected as literary works.  The bill also protects the rights of performers, producers of sound
recordings and broadcasting organizations.  Infringement is actionable by the copyright owner.
Further the owner of copyright may make a written request to the Comptroller of Customers to detainsuspected infringing goods.  The court has authority to award injunctions, damages, seizure,
forfeiture, destruction, account of profits, and in cases of criminal proceedings, fines, and
imprisonment.
5. We understand that there is draft legislation on the enforcement of intellectual property
rights, addressing issues such as  the seizure of infringing goods.
(a) When is this legislation likely to be effectively implemented?
The legislation will be implemented within three months.
(b) What are the key improvements introduced by this legislation in respect of
TRIPS obligations?IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 10
Enforcement of IP legislation as regards to patents, geographical indications, plant varieties,
layout-designs (topographies) of integrated circuits, and trademarks have been enacted.  As regards
copyright, the legislation remains in draft form awaiting enactment.  In relation to trademarks/service
marks/utility models, patents, industrial designs, plant varieties and layout-designs of integratedcircuits the registered owner of the rights or the registered licensee has the right to institute civil
action.
3
In the case of geographical indications any interested person or group of interested persons or
any group of consumers or any competent authority may institute proceedings in the High Court.4
Competent authority is not defined in the Geographical Indications Act but this would
normally be an institution which have standing in the particular matter i.e. suffered loss or likely to
suffer loss or is otherwise affected by an infringe ment.  The institution would also need to have the
capacity to sue and be sued.
As to Copyrights it will be anyone claiming as owner of the copyright as a result of creation,
assignment or other transmission rights, or an exclusive licensee may institute civil action.5
In addition to the available civil actions listed above, intellectual property infringement also
constitutes criminal offences with corresponding penalties that include mandatory fines and or
imprisonment.6
III. RESPONSES TO QUESTIONS POSED BY EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. G ENERAL 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.
As agreed pursuant to Article 8 of the TRIPS Agreement, Dominica, in formulating protection
for owners of intellectual property, has adopted measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to Dominica's socio-
economic and technological development.  Safeguards are incorporated in the IP legislation relating topatents, layout-designs (topographies) of integrated circuits and new plant varieties.
7  Compulsory
licences are granted on individual merits wherein the IP holder or indeed any interested party has the
right to contest.8  A recipient of a non-voluntary licence must pay adequate remuneration to the holder
of the right.  Where a decision to grant a non-voluntary licence is made by the attorney general, the
                                                     
3 Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2); Marks,
Collective Marks and Trade Names Act 1999 §28(2);Industrial Designs Act 1998 §24(1);Patents Act 1999
§41(1) & (6); Protection of New Plant Varieties Act 1999 Act §44(1).
4 Geographical Indications Act 1999 §13.
5 Draft Copyright Bill §37(1).
6Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §25; Marks, Collective
Marks and Trade Names Act 1999 §§17(3), 18, 28, 29;Industrial Designs Act 1998 §§24(5), 25;Geographical
Indications Act 1999 §§13, 23;Patents Act 1999 §§33, 36, 40, 63;Draft Copyright Bill§§51, 54, 55, 58;
Protection of New Plant Varieties Act 1999 Act §45.
7 7 Protection of New Plant Varieties Act 1999 Act § 51; Protection of Layout-Designs (Topographies)
of Integrated Circuits Act 1999 § 17; Patents Act 1999 §§ 35 & 38.
8 Id.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 11
owner of IP protection or any interested party, may appeal to the court.9  In any event the decision of
the High Court may be appealed.
B. C OPYRIGHT 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 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971)).
Under the Draft Copyright Bill that will come into effect within three months the author or
owner of copyright has exclusive right to do, authorize or prohibit:
- reproduction of the work;
- translation of the work;- adaptation, arrangement or other form of transformation of the work;
- distribution to the public by sale, rental or public lending or otherwise of the original
or a copy of the work that has not already been subject to a distribution authorized by
the owner of copyright;
- rental or public lending of the original or a copy of an copyright work irrespective of
the ownership of the original or the copy concerned;
- importation of copies of the work;
- public display of the original or a copy of the work;
- public performance of the work;
- broadcasting of the work or including it in a cable programme service;  and
- other communication of the work to the public.
10
Original literary and artistic works are protected by their creation irrespective of mode of
expression content, quality and purpose.  Copyright in a literary, dramatic, musical or artistic work is
protected during the life of the author and for fifty years after her death.11  In the case of a work of
joint authorship, the economic rights shall be protecte d during the life of the last surviving author and
for fifty years after his death.12  In the case of a collective work13 other than a work of applied art, in
the case of audiovisual work,14 and in the case where the work is published anonymously, or under a
pseudonym,15 the economic rights is protected for fifty years from the date on which the work was
either made or first made available to the public or first published, whichever date is latest.  In the
case of computer generated works,16 sound recording  and film ,17 broadcast  or cable programme18
copyright expires fifty years from the year in which the work was made.  Copyright in the
typographical arrangement of a published edition expires twenty-five years after being first published.
                                                     
9 Id.
10 Draft Copyright Bill §10(1).
11 Draft Copyright Bill §11(1).
12 See Draft Copyright Bill §11(2).
13 Draft Copyright Bill §11(3).
14 Id.
15 Draft Copyright Bill §11(4).
16 Draft Copyright Bill §11(5).
17 Draft Copyright Bill §12.
18 Draft Copyright Bill §13.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
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Independent of her economic rights, and even where she is no longer the said owner or those
rights, Dominica's IP legislation provides the author with moral rights.19  These include the right: –
- to have his name indicated prominently on the copies and in connection with any
public use of the work;
- to use a pseudonym;
- not to have a literary and artistic work falsely attributed to him as its author;
- not to have a film falsely attributed to him as its director;  and
- to object to any distortion, mutilation or other modification of or other derogatory
action in relation to, his work which would be prejudicial to his honour or
reputation.20
While the above moral rights are not transmissible during the life of the author, they are transmissible
by testamentary disposition following his death.21
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Under the Draft Copyright Bill, a literary work includes a table or compilation and a
computer program.22  As such authors of computer programs or databases receive all rights listed in
response to question 2 above.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Exclusive rental rights are available for audiovisual works, sound recordings, computer
programs, databases and musical works in the form of notations.23
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
Performers
Under the copyright legislation, a performer has the exclusive right to execute or authorize:
- broadcasting or other communicating of his performance to the public;
- the fixation of his unfixed performance;
- direct or indirect reproduction of a fixation of his performance;
- the first availability of a fixation or copy thereof of his performance to the public
through sale or transfer of ownership;
- rental to the public or public lending of a fixation of his performance;
- the availability to the public of his fixed performance by wire or wireless means, in
such a way that members of the public may access them from a place and at a time
chosen individually by them.24
                                                     
19 Draft Copyright Bill §15.
20 Id.
21 Id at (3).
22 Draft Copyright Bill §2.
23 Draft Copyright Bill §10(e).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
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Independent of the economic rights listed above and even after the transfer of those rights, the
copyright legislation guarantees oral rights.  As regards to live aural performances and performances
fixed in phonograms, the performer has the right to be identified as the performer of her
performances, and the right to object to any distortion, mutilation or other modification of herperformance that would be prejudicial to her reputation.
25
Producers of Sound Recordings
Producers of sound recordings have the exclusive right to execute or authorize:
- direct or indirect reproduction of the sound recording in any manner or form;
- import copies of the sound recording;
- make the sound recording available to the public by sale or other transfer of
ownership;
- rental or public lending of  the sound recording irrespective of ownership of the copy
rented or lent;  and
- make the sound recording available to the public by wireless means.26
Broadcasting Organizations
Broadcasting organizations have the exclusive right to execute or authorize:
- re-broadcasting of its broadcast;- communicating its broadcast to the public;- fixation of its broadcasts;  and
- reproducing a fixation of its broadcasts.
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 light of Articles 13 and 14.6 of the TRIPS Agreement.
Notwithstanding the above outlined rights entitled to performers, sound recording producers
and broadcast organizations, the following acts are permitted:
(a) using short excerpts for reporting current events;
27
(b) reproduction solely for scientific research;28
(c) reproduction solely for face-to-face teaching activities except for performances and
phonograms that have been published as teaching or instructional materials;  and29
(d) private reproduction of a single copy by someone for his own personal use.30
                                                                                                                                                                    
24 Draft Copyright Bill §26(1).
25 Draft Copyright Bill §26(3).
26 §27(1) Draft Copyright Bill.
27 §30 Draft Copyright Bill.
28 Id.
29 Id.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 14
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
The above performers rights are protected for fifty years after the performance took place, or
was fixed in a phonogram.31  Rights for the producers of sound recordings subsist for fifty years
following publication of the sound recording and where the sound recording has not been published,
then for fifty years following the year of fixation.32  The rights outlined for broadcast organizations
subsist for fifty years following the moment the broadcast takes place.33
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 new copyright legislation in Dominica applies to all works which at the moment of its
coming into force enjoyed copyright protection under prior legislation.34
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Under the laws of Dominica, while a "sign" is not specifically defined, a "mark" is defined as
any visible sign that is capable of distinguishing  the goods or services of an enterprise.35
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 ifelements such as sound, perfumes and containers are protectable.
Under the laws of Dominica a sign that distinguishes the services of an enterprise – a service
mark – is protectable.
36  So too are trade names – a name or designation by which a business or
enterprise is identified or distinguished.37  However, the requirement that the sign be visible, limits the
registrability of  elements such as sounds and perfumes.  To the extent that a container is capable of
distinguishing the goods and services of an enterprise, it too can be validly registered pursuant to the
laws of Dominica.
11. Please explain what the requirements of use a re, 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.
There is no use requirement for the initial registration of a mark. However, on the application
of an interested party, the court may order the removal of a mark from the Register where in respect togoods and services, the mark has not been used by the registered owner or licensee during a
continuous period of at least three years prior to application to the court.
38  The owner may contest the
                                                                                                                                                                    
30 §63(1) Draft Copyright Bill.
31 §26(6) Draft Copyright Bill.
32 Id at (2).
33 §29 Draft Copyright Bill.
34 §108 Draft Copyright Bill.
35  §2 Marks Collective Marks, and Trade Names Act 1999.
36 Id.
37 Id.
38 §12 Marks Collective Marks, and Trade Names Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 15
order with evidence of special circumstances and that she does not intend to abandon the mark.39
Dominica trademark legislation does not define "use".
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Yes.40  Registration expires after ten years from filing date and can be renewed for
consecutive periods of ten years.
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
Dominica IP legislation has no special requirements concerning the use of a trademark.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
There is no automatic bar on trademarks that incorporates a geographical indication, however,
registration will be refused where mark is likely to mislead the public or trade circles as regards to thegeographical origin of the goods or services concerned.
41  Further, as regards trademarks that include
geographical indications for wines and spirits, the Registrar either ex officio or upon application of an
interested party, will refuse or invalidate an indication which misrepresents the origin of the wine or
spirit.42
15. Please give the definition of a geographical indication in your legislation.
Pursuant to Dominica IP laws, a "geographical indication" is an indication which identifies
any goods as originating in the territory of a country, or a region or locality in that territory, where a
given quality, reputation or other characteristic of the goods is essentially attributable to their
geographical origin.
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 laws of Dominica do not require a link between the characteristics of an indication and its
geographical origin, however, the indication must identify the geographical origin of the goods.
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.
Any interested person or interested groups of persons may institute proceedings in the High
Court to prevent, the use of a geographical indi cation identifying wines for wines not originating in
the place indicated by the geographical indication in question, or identifying spirits for spirits not
originating in the place indicated by the geographical indication in question, even where the true
                                                     
39 Id.
40 §10 Marks Collective Marks, and Trade Names Act 1999.
41 §14 Geographical Indications Act 1999.
42 §15 Geographical Indications Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 16
origin of the goods is indicated or the geographical indication is used in translation or accompanied by
expressions such as "kind", "type", "style", "imitation" or the like.43  In court proceedings, the High
Court is authorized to issue an  injunction, award damages and grant any other appropriate civil
remedy.44
18. Please explain how 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.
The laws of Dominica incorporate the exceptions available in Article 24.4 to 24.9 of the
TRIPS Agreement.45
E. I NDUSTRIAL 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.
Designs that provide a technical result and leaves no freedom as regards arbitrary features of
appearance cannot be protected as an industrial design.46  Notwithstanding, "any material whether or
not associated with lines or colours, which gives a special appearance to a product of industry or
handicraft and can serve as a pattern for a product of industry…." is inter alia  an industrial design.47
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Under the laws of Dominica the owner of a registered design has the exclusive right in
Dominica to import any article bearing or embodying the protected design.48  As such, the registered
owner of the protected design has the right to institute court proceedings against any person who
infringes the design, wherein the court may grant relief by way of damages, injunction, delivery up fordestruction, and account of profits.
49
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Dominica's IP legislation does not provide for compulsory licensing for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Dominica's IP legislation provides for an initial  protection period of five years with option of
renewal for two further consecutive five-year periods for industrial designs.50
                                                     
43 §13 Geographical Indications Act 1999.
44 Id.
45 See §§16 and 5(c) Geographical Indications Act 1999.
46 §2 Industrial Designs Act 1998.
47 Id.
48 Id at §10.
49 Id at §24.
50 Id at §11.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 17
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Under the Patent regulation of Dominica the novelty requirement is achieved if prior to the
filing date or priority date, whichever is applicable, the subject invention has not been disclosed to the
public anywhere in the world by oral or written description or by use or by any other way.51
However, the Act will disregard a public disclosure which occurred during the 12 monthsimmediately preceding the filing or priority date whichever applicable, where the disclosure is a direct
consequence of acts committed by the applicant or his predecessor in title or an abuse committed by a
third party with regard to the applicant or his predecessor in title.
52
Under the Patent regulations, an inventive step is defined as non-obvious to a person having
ordinary skill in the art.53
Further, under the Act, industrial application requires the invention be capable of being made
or used in industry.54
24. Please explain whether or not in your legislatio n, 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.
The Patents Act 1999 recognizes a patent as personal property with the owner having
exclusive authority to exploit it.55  Exploitation of a patented invention by any person other than the
patent owner requires the latter's authorization.56  Section 33(2) of the Act defines "exploitation" as:
(a) making, importing in the Country, offering for sale, selling, using, stocking for the
purposes of offering for sale or selling or using a patented product;  or
(b) using a patented process and doing any act in paragraph (a) in respect to any product
obtained from the patented process.
In addition, the patent owner has a right to assign, mortgage, or sublicense the patent.57
To secure rights pursuant to Article 28 of the TRIPS Agreement, the patent owner has the
right to bring a civil action against any person who exploits his patented invention in Dominica
without his authorization subject to the following exclusions:
- acts of infringement which occur on vehicles of other countries that temporarily or
accidentally enter the airspace, territory or waters of Dominica;
- acts done for experimental purposes only;- acts pertaining to articles which have been put on the market in Dominica by the
patent owner or with his consent;
- extemporaneous preparations of medicine for individual cases in pharmacy;  or
                                                     
51 §9 Patents Act 1999.
52 §9(3) Patents Act 1999.
53 §10 Patents Act 1999.
54 §11 Patents Act 1999.
55 §§31 & 33 Patents Act 1999.
56 §33(1) Patents Act 1999.
57 §31Patents Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 18
- acts performed by any person who in good faith was using the invention before the
patent owner filed for protection.58
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.
Dominica patent legislation incorporates certain exclusions to patentable subject matter in
accordance with Article 27.2 of the TRIPS Agreement.  Patent protection will not be granted where it
is necessary to prevent the commercial exploitation of an invention to protect public order or moralityincluding to protect human, animal or plant life or health; or to avoid serious prejudice to the
environment.
59  To date the provision has not been applied in practice.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislationand explain its formulation.
In accordance with Article 27.2 of the TRIPS Agreement, in Dominica there will be no grant
of patent for methods for the treatment of the human or animal body by surgery or therapy, as well as
diagnostic methods practiced on the human or animal body.
60
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.
The Patents Act 1999 does not directly address the protection of micro-organism and non-
biological and micro-biol ogical processes, patent protection will not be available for discoveries.61
However, Dominica has instituted the 1999 Protection of New Plant Varieties Act to give plant
breeder's rights in respect of plant varieties that are new, distinct, homogenous and stable.62
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 sections of your legislation.
The Patents Act 1999 provides that any international treaty in respect of industrial property to
which Dominica is party, will apply to matters dealt within the Act, and in case of conflict with the
provisions of the Act, the provisions of the international treaty will prevail.63  Micro-organisms, non-
biological and micro-biol ogical processes as provided for in Article 27.3(b) of the TRIPS Agreement
are thus protected.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
                                                     
58 §33(3) Patents Act 1999.
59 §12(3) Patents Act 1999.
60 §12 Patents Act 1999.
61 §12(1) Patents Act 1999.
62 §5 Protection of New Plant Varieties Act 1999.
63 §54 Patents Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 19
Under the IP statutes of Dominica, the patent holder has exclusive right to import and offer
for sale, the patented invention.64  The patent holder or the registered licensee has the right to institute
civil action to protect those rights.65  On the application of the right holder, or of a licensee, the court
may:
- grant an injunction to prevent infringement or an imminent infringement;- order the seizure, forfeiture or destruction of;- any infringing product or article or any product or article of which the infringing
product or article forms an integral part;  or
- any article, instrument or thing by means of which any such infringing product or
article was produced:
66
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
Dominica IP legislation does not specifically provide for product protection of pharmaceutical
and agricultural chemical products.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Yes, under Dominica IP legislation, an invention may be a product or process.67
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 prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditions
in detail.
There are no other conditions.
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 relevant legislation.
Dominica IP legislation does provide for limited exceptions to the exclusive rights conferred
by a patent.  The details can be found in Sections 33(4), 34,35 and 38 of the Patents Act 1999.
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.
                                                     
64 §33 Patents Act 1999.
65 §§41(1) & (6) Patents Act 1999.
66 §41(2) Patents Act 1999.
67 §8(2) Patents Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 20
Exploitation authorized by the Attorney General:
The Patents Act 1999 permits the Attorney General, to authorize a government agency or a
designated third party to exploit the patented in vention, without the agreement of the patent owner,
where:
- the public interest so requires;  or
- the Attorney General has determined that exploitation by the owner is anti-
competitive and the authorized exploitation would remedy such practice.68
A person who seeks a non-voluntary licence under this provision must produce evidence that
the patent owner has declined to award a contractual licence under reasonable commercial terms andconditions, and within a reasonable time.
69
Exploitation of the patent under the above terms is limited to the authorized purpose,
predominantly for the supply of the Dominican market, and, subject to adequate remuneration to the
patent owner.70  Further the Attorney General's decision is made after hearing from the patent owner
and other interested persons.71
Non-voluntary licences authorized by the Court
Four years after a patent application has been filed, or three years after the patent has been
granted, whichever happens later, an interested person may apply to the Court for the grant of a non-
voluntary licence on the grounds that the patented invention is not being sufficiently exploited inDominica.
72  Where a non-voluntary licence is issued, the Court will fix the scope, function, and time
limit for the licence; and the amount and conditions of payment to the patent owner.73
The patent owner may avert the issuance of such non-voluntary licence if he provides
justification for the non-exploitation to the Court.74
Where the invention claimed in a later patent cannot be exploited without infringing on an
earlier patent, and, the later invention involves an important technical advance of considerable
economic importance vis-à-vis the earlier patent, the Court may issue a non-voluntary licence to the
owner of the later patent to avoid infringement of the earlier patent.75
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. Inthis context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ised predominantly for
the supply to the domestic market of the Member authorizing such use.
                                                     
68 §35(1) Patents Act 1999.
69 See §35(4) Patents Act 1999.  This evidence is not required in cases of national emergency or other
cases of extreme emergency; public non-commercial use; and anti-competitive practices as determined by theAttorney General.
70 §35(2) & (9)Patents Act 1999.
71 §35(3) Patents Act 1999.
72 §38(1)( a) Patents Act 1999.
73 §38(2) Patents Act 1999.
74 §38(1)( b) Patents Act 1999.
75 §38(4) Patents Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 21
The Patent legislation of Dominica requires the proposed user to furnish such evidence to the
court.76
Notwithstanding, the regulation does not indicate the length of a "reasonable period of time".
Patents Act 1999 stipulates that "the exploitation of the patented invention by the Government
agency or third person designated by the Minister shall be predominantly for the supply of the market
in Dominica."77
36. Please state if your legislation grants additi onal protection for innovations after the 20
years of patent protection has lapsed.
Dominica patent legislation makes no provision for protection beyond 20 years.78
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
Pursuant to Dominica legislation, patents granted under prior patents acts, and patent
applications pending under the prior patent act, are deemed to have been granted under the current
Patents Act 1999 and enjoys all additional rights.79
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
In civil proceeding for infringement where the subject matter of the patent is a process, the
defendant has the burden of establishing that the product was not made by the patented.80
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
The IP legislation of Dominica grants the creator of a layout-design (topography), the right to
protection as regards to reproduction, importation, sale or other commercial distribution.81  T h e
creator or owner of the topography also holds th e property right of assignment or transfer by
succession.  To be protected, the layout-design must be original.82  If the layout-design consists of a
combination of elements and inter-connections that are commonplace, then the combination as a
whole must be original in order to receive protection.83  A person wishing to register a layout-design
of integrated circuit must apply to the Registrar.  Protection is available only where the layout-design
has not been commercially exploited anywhere in  the world for more than two years prior to
application.84  Notwithstanding the above, reproduction of the protected layout for private purposes or
for the sole purpose of evaluation, analysis research or teaching is permitted.85
                                                     
76 §35(4) Patents Act 1999.
77 §35(9) Patents Act 1999.
78 §28 Patents Act 1999.
79 §§ 72(1), (4) & (5) Patents Act 1999.
80 § 41(7) Patent Act 1999.
81 §5 Protection of Layout-Designs (Topographies) of Integrated Circuits.
82 § 4 requires originality meaning – a creation of the creator's own intellect and not commonplace
among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.
83 Id.  Thus the combination must be a creation of the creator's own intellect and not commonplace
among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.
84 §8 Protection of Layout-Designs (Topographies) of Integrated Circuits 1999.
85 §6(3) Protection of Layout-Designs (Topographies) of Integrated Circuits 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 22
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 in
accordance with Article 36 of the TRIPS Agreement.
It is unlawful to reproduce the protected layout-design (topography) or integrated circuit; or
import, sell or distribute the same for commercial purposes, without the authorization of the rights
holder.86  All of the aforementioned acts constitute an infringement of the laws of Dominica whereby
the rights holder may institute court action.87
41. Please explain how your legislation provide s for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonablegrounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
Under the laws of Dominica, where someone has without authorization imported, sold or
otherwise commercially distributed a protected integrated circuit and that person has no knowledge or
reasonable grounds to know of unlawful topography, then an unlawful act has not been committed.
88
42. Please state the term of protection granted by your legislation to topographies.
The term of protection is 10 years after the date of commencement of protection.89
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.
Dominica has not drafted legislation to protect undisclosed information.
44. Please explain how your legislation defines undisclosed information.
Dominica has not drafted legislation to protect undisclosed information.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Dominica has not drafted legislation to protect undisclosed information
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
                                                     
86 §6 Protection of Layout-Designs (Topographies) of Integrated Circuits Act 1999.
87 §24 Protection of Layout-Designs (Topographies) of Integrated Circuits Act 1999.
88 §6(3) Protection of Layout-Designs (Topographies) of Integrated Circuits Act 1999.
89 §7 Protection of Layout-Designs (Topographies) of Integrated Circuits Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 23
Civil and Administrative Action
As regards to trademarks, patents, industrial designs, plant varieties and layout-designs
(topographies) of integrated circuits the registered owner or licensee of the right has the right toinstitute civil action.
90
In the case of geographical indications any interested person, group of interested persons or
any competent authority may institute proceedings in the High Court.91
Competent authority is not defined in the Geographical Indications Act 199, but this would
normally be an institution which have standing in the particular matter i.e. suffered loss or likely tosuffer loss or is otherwise affected by an infringe ment.  The institution would also need to have the
capacity to sue and be sued.
As regards to copyrights, anyone claiming as owner of the copyright as a result of creation,
assignment or other transmission rights, or an exclusive licensee may institute civil action.
92
Criminal Action
In addition to the available civil actions listed above, intellectual property infringement also
constitutes criminal offences with corresponding penalties that include mandatory fines and orimprisonment.
93
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
As regards to all intellectual property protected in Dominica, any decision made by the
Attorney General or the Registrar may be brought to appeal before the Court.  Jurisdiction over IP
rights is exercisable by The Eastern Caribbean S upreme Court, which is a superior Court of Record
and comprises two divisions - the High Court, presided over by a single Judge and the Court of
Appeal.  Final appeals are to the Judicial  Committee of the Privy Council in England.
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 ensurethe protection of confidential information.
The Civil Procedure Rules gives the Court authority to require a party to disclose and inspect
documentary evidence before trial, and to produce such evidence at the trial.  Generally in requiring
production of evidence, the Court must take into account the legitimate interest of the defendant in not
disclosing his manufacturing and business secrets.
There are no statutory provisions respecting the identity and protection of confidential
information.  The Court may in its discretion treat as confidential any information produced as
                                                     
90 §24(2) Protection of Layout Designs of Integrated Circuits Act 1999; §28(2) Marks, Collective
Marks and Trade Names Act 1999; §24(1) Industrial Designs Act 1998; §§41(1) & (6) Patents Act 1999; §44(1)Protection of New Plant Varieties Act 1999.
91 §13 Geographical Indications Act 1999.
92 §37(1) Draft Copyright Bill.
93 §25 Protection of Layout Designs of Integrated Circuits Act 1999;  §§17(3), 18, 28, 29 Marks,
Collective Marks and Trade Names Act 1999; §§24(5), 25 Industrial Designs Act 1999;  §§13, 23 GeographicalIndications Act 1999; §§33, 36, 40, 63 Patents Act 1999;  §§51, 54, 55, 58 Draft Copyright Bill;  §45 Protection
of New Plant Varieties Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 24
evidence.  An application may be made to the court for such information to be treated as confidential.
The Court has discretion whether or not to grant the application.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
The Intellectual Property (IP) Statutes provide for the granting of injunctive relief for
infringement of an IP right.94  The Court will grant an interim injunction if the matter is urgent or
necessary in the interest of justice and damages would be an inadequate remedy in the circumstances.
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.
Remedial damages are consistently available in Dominica IP statutes.95  Damages generally
include the recovery of commercial losses occasioned by the infringement.  In determining Damages
the Court must take into account reasonable royalty which may have been payable by a licensee.
Further damages, such as aggravated damages may be awarded if the circumstance in which the
infringement was committed was so scandalous as to merit such award.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
An Order for Damages is normally accompanied by an Order for Payment of legal cost to the
successful party who is generally entitled to such costs.
52. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.
Under the Intellectual Property statutes the Court has power to make an Order on the
application of the IPR holder for the seizure, forfeiture or destruction of infringing products orarticles.
96
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
The Court has the power to award damages or order the payment of compensation in favour
of a party which as been wrongfully enjoined as a party.  Generally, the successful party is entitled to
legal costs.  Further the applicant for an interim inj unction is required to give an undertaking that will
compensate the respondent if it is later determined that the grant of injunction was unjustified.97
                                                     
94 §24(2)(a) Protection of Layout Designs of Integrated Circuits Act 1999; §28(2)(a) Marks, Collective
Marks and Trade Names Act 1999; §24(2)(b) Industrial Designs Act) 1998; §13(2) Geographical Indications
Act; §41(2)(a) Patents Act 1999; §37(2)(b) Draft Copyright Bill 1999; §44(2)(a) Protection of New Plant
Varieties Act 1999.
95 §24(2)(b) Protection of Layout Designs of Integrated Circuits Act 1999; §28(2)(b) Marks, Collective
Marks and Trade Names Act 1999; Act §24(2)(a) Industrial Designs 1998; §13(2) Geographical Indications Act1999; §41(2)(c) Patents Act 1999; §37(2)(a) Draft Copyri ght Bill 1999; §44(2)(c) Protection of New Plant
Varieties Act 1999.
96 §24(2)(c) Protection of Layout Designs of Integrated Circuits Act 1999; §28(2)(c) Marks, Collective
Marks and Trade Names Act 1999; §24(2)(c) Industrial Designs Act 1998; §41(2)(b) Patents Act 1999;§37(2)(c) Draft Copyright Bill; §44(2)(b) Protection of New Plant Varieties Act 1999.
97 §24(2)(a) Protection of Layout Designs of Integrated Circuits Act 1999; §28(2)(a) Marks, Collective
Marks and Trade Names Act 1999; §24(2)(b) Industrial Designs Act 1998; §13(2) Geographical Indications ActIP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 25
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Part 17 of the Civil Procedure Rules, 2000 lists the interim remedies that may be granted by
the Court.  These include:
- interim injunctions;
- interim declarations;
- orders for the detention, custody or inspection of relevant property;
- orders to deliver up goods;
- freezing orders;
- orders to provide information about property or assets subject of a freezing Order;
- search orders;
- order for interim payment;
- any other interim Order as dictated by the circumstances of the case.
The High Court, in cases of urgency, will grant an  ex parte  injunction i.e. inaudita altera
parte .  However, the Court will only do so if it is satisfied that the matter is urgent and not doing so
would defeat the purpose of the application.  An e x parte  injunction Order may only be granted for a
maximum period of 28 days.
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 customs
authorities.
The Comptroller of Customs.98
56. Please indicate whether or not procedures  are available to suspend the exporting of
counterfeit goods.
While special border protection measures have been adopted to curtail the importation of
counterfeit goods, there is no similar regime to suspend the export of counterfeit goods.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Under all IP legislation the Court has exclusive authority to order disposal or destruction of
infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
                                                                                                                                                                    
1999; §41(2)(a) Patents Act 1999; §37(2)(b) Draft Copyright Bill; §44(2)(a) Protection of New Plant Varieties
Act 1999.
98  §99 Draft Copyright Bill.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 26
Yes.  Imports for personal use are not unlawful.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Under the laws of Dominica, intellectual property infringement may constitute a criminal
offence with corresponding penalties that include mandatory fines and/or imprisonment.99  The High
Court has jurisdiction over criminal acts of infringement and the Court of Appeal has jurisdiction over
appeals while final appeal lies with the Judicial Committee of the Privy Council.
As regards to geographical indications, layout-designs of integrated circuits  and patents ,
persons who knowingly infringe on the protected intellectual property are liable to a minimum fine of
fifteen thousand dollars and/or a minimum term of imprisonment of five years.100
As regards to industrial designs, any person who intentionally commits an infringing act
commits an offence and is liable to a fine of twenty thousand dollars and imprisonment for fiveyears.
101
As regards to new plant varieties, any unauthorized person who wilfully offers for sale or
markets, propagating material of a variety protecte d in Dominica, is liable to a minimum fine of five
thousand dollars.102
As regards to trademarks, infringement of the protected mark, collective mark or trade name
constitutes an offence and is liable to a minimum fine of ten thousand dollars and/or minimumimprisonment term of three years.
103  Further, any person who performs the following commit an
offence and is liable to a minimum fine of fifteen thousand dollars and/or a minimum term of
imprisonment for five years:
- forge a mark or collective mark;
- make a die, block, machine or other instrument for the purpose of forging or of being
used for forging a mark or collective mark;
- dispose of, or has in his possession, any such die, block, machine or other instrument;
or
- import, sell or has for sale, goods that bear a forged mark or collective mark.104
In the case of protected copyright, any unauthorized person who infringes a copyright, in the
first case, is liable to a fine of twenty-five hundred dollars for each article to which the offence relates,
and, in the case of subsequent offences, the aforementioned fine plus imprisonment of twelve
months.105  Additionally, someone who knowingly makes or possesses an article specifically designed
or adapted for making copies of a particular copyright work, commits an offence and is liable in thecase of the first offence to a fine of fifteen thousand dollars, and, in the case of subsequent offences,
the aforementioned fine plus imprisonment of six months.
106
                                                     
99 §25 Protection of Layout Designs of Integrated Circuits Act 1999; §§17(3), 18, 28, 29 Marks,
Collective Marks and Trade Names Act 1999; §§24(5), 25 Industrial Designs Act 1998; §§13, 23 Geographical
Indications Act 1999; §§33, 36, 40, 63 Patents Act 1999; §§51, 54, 55, 58 Draft Copyright Bill 1999; §45
Protection of New Plant Varieties Act 1999.
100 §23 Geographical Indications Act 1999; §63 Patents Act 1999; §25 Protection of Layout Designs of
Integrated Circuits Act 1999.
101 §24(5) Industrial Designs Act 1999.
102 §45 Protection of New Plant Varieties 1999.
103 §29 Marks, Collective Marks and Trade Names Act 1999.
104 Id.
105 §51(4) Draft Copyright Bill.
106 §§51(5) Draft Copyright Bill.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 27
IV. RESPONSE TO QUESTION POSED BY JAPAN
A. C OPYRIGHT AND RELATED RIGHTS
1. 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.
There are no exceptions in the Copyright Act that applies only to foreigners and foreigners
from certain countries will not receive any particular treatment under the law.  All men will be
considered equal.
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A.G EOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Section 6 of Geographical Indications Act 1999 makes provisions for the following
person/parties to file an application for registration of a geographical indication.
(a) any person or group of persons carrying on an activity as a producer in the
geographical area specified in the application, with respect to the goods specified in
the application;
(b) any group of consumers;  or
(c) any competent authority.
Further, interested persons may within the prescribed period of time and in the prescribed
manner, give notice to of opposition to the registration of a geographical indication to the Registrar.107
In addition, geographical indications have protection in Dominica regardless of whether or
not they are registered.108
Interested person/persons may institute court proceedings to prevent the unlawful use of
geographical indications, including the any use that c onstitutes an act of unfair competition within the
meaning of Article 10 bis of the Paris Convention.109  In court proceedings, the High Court is
authorized to issue an injunction, award damages and grant any other appropriate civil remedy.110
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.
                                                     
107 §9 Geographical Indications Act 1999.
108 §3 Geographical Indications Act 1999.
109 §13 Geographical Indications Act 1999.
110 Id.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 28
As required by Article 27 of the TRIPS Agreement, Dominica Patents Act 1999 will grant a
patent for an invention which is new, involves an inventive step, and is capable of industrial
application.111
Exceptions
In accordance with Article 27.2 of the TRIPS Agreement, patent protection will not be
granted where it is necessary to prevent the commercial exploitation of an invention to protect public
order or morality including to protect human, animal or plant life or health; or to avoid serious
prejudice to the environment.112
In addition there will be no grant of patent for:
(a) a scientific theory or mathematical method;
(b) a scheme, rule or method of doing business, performing a mental act or playing a
game;  and
(c) methods for the treatment of the human or animal body by surgery or therapy, as well
as diagnostic methods practiced on the human or animal body.113
Dominica has also introduced the Protection of New Plant Varieties Act 1999 to give plant breeder'sright in respect of plant varieties that are new, distinct, homogenous and stable.
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)?
Yes.
114
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
Yes.  Conditions are stipulated in Section 38 Patents Act 1999.
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.
Yes.  The provision can be found in Section 41(7) Patents Act 1999.
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
authorisation of a pharmaceutical or of an agricultural chemical product is protected against
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 authorisation for his own product.  Does your
legislation provide for exceptions to this? If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
                                                     
111 §8 Patents Act 1999.
112 §12(3) Patents Act 1999.
113 §12 Patents Act 1999.
114 §38 Patents Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 29
Dominica has no provisions for undisclosed information.
D.E NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
Civil and Administrative Action
In relation to trademarks/service marks/ utility models, patents, industrial designs, plant
varieties and layout-designs of integrated circuits the registered owner of the rights or the registered
licensee has the right to institute civil action.115
In the case of geographical indications any interested person or group of interested persons or
any group of consumers or any competent authority may institute proceedings in the High Court.116
Competent authority is not defined in the Geographical Indications Act but this would
normally be an institution which have standing in the particular matter i.e. suffered loss or likely to
suffer loss or is otherwise affected by an infringe ment.  The institution would also need to have the
capacity to sue and be sued.
As to Copyrights it will be anyone claiming as owner of the copyright as a result of creation,
assignment or other transmission rights, or an exclusive licensee may institute civil action.117
Civil remedies:
- Injunctions
The Intellectual Property (IP) Statutes provide for the granting of injunctive relief for
infringement of an IP right.118  The Court will grant an interim injunction only if the matter is
urgent or it is necessary to do so in the interest of justice and damages would not be an
adequate remedy in the circumstances.  The applicant for an interim injunction is required to
give an undertaking to compensate the respondent is it is later determined that the granting of
the injunction was not justified.
- Damages
Remedial damages are consistently available in Dominica the IP Statutes.119  D a m a g e s
generally include the recovery of commercial losses occasioned by the infringement.  In
determining Damages the Court must take into account reasonable royalty which may have
                                                     
115Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2); Marks,
Collective Marks and Trade Names Act 1999 §28(2);Industrial Designs Act 1998 §24(1); Patents Act 1999
§41(1) & (6); Protection of New Plant Varieties Act 1999 Act §44(1).
116Geographical Indications Act 1999 §13.
117Draft Copyright Bill§37(1).
118Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(a); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(a);Industrial Designs Act 1998 §24(2)(b);GeographicalIndications Act 1999 §13(2);Patents Act 1999 §41(2)(a);Draf t Copyright Bill§37(2)(b); Protection of New Plant
Varieties Act 1999 Act §44(2)(a).
119Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(b); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(b);Industrial Designs Act 1998 §24(2)(a);GeographicalIndications Act 1999 §13(2);Patents Act 1999 §41(2)(c);Draf t Copyright Bill§37(2)(a); Protection of New Plant
Varieties Act 1999 Act §44(2)(c).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 30
been payable by a licensee.  Further damages, such as aggravated damages may be awarded if
the circumstance in which the infringement was committed was so scandalous as to merit
such award.  An Order for damages is normally accompanied by an Order for payment of
legal cost to the successful party who is generally entitled to such costs.
- Seizure, forfeiture or destruction
Under the Intellectual Property (IP) Statutes  the Court has power to make an Order on the
application of the IPR holder for the seizure, forfeiture or destruction of infringing products or
articles.120
- Account of profits and any other provision provided for in general law
The IP Statutes also allow a right holder to seek any other remedies provided for in the
general law.121  For instance, as an alternative to seeking an award of damages, a plaintiff may
seek an account of profits.  The Court in such circumstances is required to make an
assessment of the profits gained by infringer consequent on the infringement and to pay this
over to the right holder.
Criminal Action
In addition to the available civil actions listed above, under the laws of Dominica, intellectual
property infringement may constitute a criminal offence with corresponding penalties that includemandatory fines and/or imprisonment.
122  The High Court has jurisdiction over criminal acts of
infringement and the Court of Appeal has jurisdiction over appeals while final appeal lies with the
Judicial Committee of the Privy Council.
As regards geographical indications, layout-designs of integrated circuits  and patents , persons
who knowingly infringe on the protected intellectual property are liable to a minimum fine of fifteen
thousand dollars and/or a minimum term of imprisonment of five years.123
As regards industrial designs, any person who intentionally commits an infringing act
commits an offence and is liable to a fine of twenty thousand dollars and imprisonment for fiveyears.
124
As regards new plant varieties, any unauthorized person who wilfully offers for sale or
markets, propagating material of a variety protecte d in Dominica, is liable to a minimum fine of five
thousand dollars.125
                                                     
120Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(c); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(c);Industrial Designs Act 1998 §24(2)(c);Patents Act 1999§41(2)(b);Draft Copyright Bill§37(2)(c); Protectio n of New Plant Varieties Act 1999 Act §44(2)(b).
121Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(d); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(d);Industrial Designs Act 1998 §24(2)(d);GeographicalIndications Act 1999 §13(2);Patents Act 1999 §41(2)(d) & (e);Draft Copyright Bill§37(2)(d), (e) & (f).
122 §25 Protection of Layout Designs of Integrated Circuits Act 1999; §§17(3), 18, 28, 29 Marks,
Collective Marks and Trade Names Act 1999; §§24(5), 25 Industrial Designs Act 1998; §§13, 23 GeographicalIndications Act 1999; §§33, 36, 40, 63 Patents Act 1999; §§51, 54, 55, 58 Draft Copyright Bill; §45 Protection
of New Plant Varieties Act 1999.
123 §23 Geographical Indications Act 1999; §63 Patents Act 1999; §25 Protection of Layout Designs of
Integrated Circuits Act 1999.
124 §24(5) Industrial Designs Act 1999.
125 §45 Protection of New Plant Varieties 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 31
As regards trademarks, infringement of the protected mark, collective mark or trade name
constitutes an offence and is liable to a minimum fine of ten thousand dollars and/or minimum
imprisonment term of three years.126  Further, any person who performs the following commit an
offence and is liable to a minimum fine of fifteen thousand dollars and/or a minimum term ofimprisonment for five years:
- forge a mark or collective mark;
- make a die, block, machine or other instrument for the purpose of forging or of being
used for forging a mark or collective mark;
- dispose of, or has in his possession, any such die, block, machine or other instrument;
or
- import, sell or has for sale, goods that bear a forged mark or collective mark.
127
In the case of protected copyright, any unauthorized person who infringes a copyright, in the
first case, is liable to a fine of twenty-five hundred dollars for each article to which the offence relates,
and, in the case of subsequent offences, the aforementioned fine plus imprisonment of twelve
months.128  Additionally, someone who knowingly makes or possesses an article specifically designed
or adapted for making copies of a particular copyright work, commits an offence and is liable in thecase of the first offence to a fine of fifteen thousand dollars, and, in the case of subsequent offences,
the aforementioned fine plus imprisonment of six months.
129
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminalenforcement.
As evidenced above, criminal legislation in regards to infringement of intellectual property
rights are comprehensive.  The challenge now lies in the financial and human capacity necessary to
enforce the regulations.  In that regard, Dominica is committed to continuous review of the system toensure appropriate enforcement.
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A.G ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and mostfavoured nation treatment are provided to nationals of other WTO Members and cite to the
relevant provisions of law.
In regards to patents, the laws of Dominica allow "any person" to apply for a patent
130 with no
discrimination based on nationality.
With regards to trademarks, industrial designs , layout-designs (topographies) of integrated
circuits, and new plant varieties , the nationality of the applicant affects neither the registrability of the
intellectual property right,131 nor the rights conferred.132  Further, Dominica's legislation provides
                                                     
126 §29 Marks, Collective Marks and Trade Names Act 1999.
127 Id.
128 §51(4) Draft Copyright Bill.
129 §§51(5) Draft Copyright Bill.
130 Patents Act 1999 §13.
131 See §4 Marks, Collective Marks, and Trade names 1999; §10 Protection f New Plant Varieties 1999;
§4 Industrial Designs Act 1998; and §5 Protection of Layout-Designs (Topographies) of Integrated Circuits.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 32
where Dominica is a signatory state of an international treaty in respect of marks, collective marks,
trade names, and protection against unfair competition, the provisions of the international treaty
prevails.133
With regards to geographical indications, any person or group of persons , carrying on
producer activities in the geographical area specified in the application, any group of  consumers; or
any competent authority may file an application to register a geographic indication.134
B.C OPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Dominica  protects computer programs as
literary works and complications of data as required by Article 10 of the TRIPS Agreement.
Under the Draft Copyright Bill that will come into effect within three months, a literary work
includes a table or compilation and a computer program.135  All original literary works are protected
by the sole fact of their creation irrespective of mode of expression content, quality and purpose.  The
author or owner of copyright has exclusive right to do, authorize or prohibit:
- reproduction of the work;
- translation of the work;
- adaptation, arrangement or other form of transformation of the work;
- distribution to the public by sale, rental or public lending or otherwise of the original
or a copy of the work that has not already been subject to a distribution authorized bythe owner of copyright;
- importation of copies of the work;
- public display of the original or a copy of the work;  and
- other communication of the work to the public.
136
3. 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 Dominica.
Under the Draft Copyright Bill, in respect to co mputer programs or an audiovisual, the author
or owner of copyright has the exclusive right to authorize or prohibit rental of the original or copy of
the work.137
4. Please state the length and terms of protection the copyright law of Dominica providesfor a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
Under the Draft Copyright Bill, copyright in a literary, dramatic, musical or artistic work is
protected during the life of the author and for fifty years after her death.138  In the case of a work of
                                                                                                                                                                    
132 See §9 Marks, Collective Marks, and Trade names 1999; §17 Protection f New Plant Varieties 1999;
§10 Industrial Designs Act 1998; and §6(2) Protection of Layout-Designs (Topographies) of Integrated Circuits.
133 See §32 Marks, Collective Marks, and Trade names 1999.
134 See §6 Geographic Indications 1999.
135 §2 Draft Copyright Bill.
136 Draft Copyright Bill §10(1).
137 Draft Copyright Bill §10(1)(e).
138 Draft Copyright Bill §11(1).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 33
joint authorship, the economic rights shall be protecte d during the life of the last surviving author and
for fifty years after his death.139  In the case of a collective work140 other than a work of applied art, in
the case of audiovisual work,141 and in the case where the work is published anonymously, or under a
pseudonym,142 the economic rights is protected for fifty years from the date on which the work was
either made or first made available to the public or first published, whichever date is latest.  In the
case of computer generated works,143 sound recording  and film ,144 broadcast  or cable programme145
copyright expires fifty years from the year in which the work was made.  Copyright in the
typographical arrangement of a published edition expires twenty-five years after being first published.
Independent of economic rights, and even where the author is no longer the owner of those
rights, Dominica's IP legislation provides the author with moral rights.146
5. Please describe the protection the copyright law of Dominica provides for performers,and the term of the protection.
Under the Draft Copyright Bill that will come in to effect within three months, a performer has
the exclusive right to carry out or authorize:
(a) broadcasting or other communicating of his performance to the public;(b) the fixation of his unfixed performance;
(c) direct or indirect reproduction of a fixation of his performance;
(d) the first availability of a fixation or copy thereof of his performance to the public
through sale or transfer of ownership;
(e) rental to the public or public lending of a fixation of his performance;
(f) the availability to the public of his fixed performance by wire or wireless means, in
such a way that members of the public may access them from a place and at a time
chosen individually by them.
147
Further, independent of the performer's economic rights and even after the transfer of those
rights, as regards to her live aural performances and performances fixed in phonograms, the performer
has the right to claim to be identified as the performer of her performances, , and the right to object to
any distortion, mutilation or other modification of her performance that would be prejudicial to her
reputation.148
The above rights are protected for fifty years after the performance took place, or was fixed in
a phonogram.149
                                                     
139 Draft Copyright Bill §11(2).
140 Draft Copyright Bill §11(3).
141 Id.
142 Draft Copyright Bill §11(4).
143 Draft Copyright Bill §11(5).
144 Draft Copyright Bill §12.
145 Draft Copyright Bill §13.
146 Draft Copyright Bill §15.
147 Draft Copyright Bill §26(1).
148 Draft Copyright Bill §26(3) notwithstanding, the author does not have a right to be so named where
omission is dictated by the manner of the use of the performance.
149 Draft Copyright Bill §26(6).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 34
Notwithstanding the rights of the performer outlined above, the following acts are permitted:
(a) using short excerpts for reporting current events;150
(b) reproduction solely for scientific research;151
(c) reproduction solely for face-to-face teaching activities except for performances and
phonograms that have been published as teaching or instructional materials;152
(d) private reproduction of a single copy by someone for his own personal use.153
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are toenjoy 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 Dominica implements these obligations and indicate the term
of protection.
Under the Draft Copyright Bill that will come into effect within three months  2001, the
producer of a sound recording has the exclusive right to execute or authorize:
(a) direct or indirect reproduction of the sound recording, in any manner or form;  and
(b) rental to the public or public lending of a copy of the sound recording irrespective of
the ownership of the copy rented or lent.
154
The above rights are protected for fifty years after publication of the sound recording or
fixation of an unpublished sound recording.155
C.T RADEMARKS
7. Please describe the subject matter that can comprise a trademark under the trademark
law of Dominica.
Under the laws of Dominica any visible sign which is capable of distinguishing the goods or
services of an enterprise can comprise the subject matter of a mark.
8. Please describe the procedure that must be followed to register a trademark in
Dominica, citing the relevant provisions of the law, and describe the rights that the owner of aregistered mark can exercise.
Pursuant to Marks, Collective Marks, and Trade Names 1999 §5, an application for
registration of a mark must be filed with the Registrar on a prescribed form and accompanied with the
prescribed application fee.  Upon receipt of the application, the Registrar will examine whether theapplication contains:
(a) a request the mark be registered;
                                                     
150 Draft Copyright Bill §30.
151 Id.
152 Id.
153 Draft Copyright Bill §63(1).
154 Draft Copyright Bill §27.
155 Draft Copyright Bill §26(6).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 35
(b) a reproduction of the mark;  and
(c) a list of the goods or services for which registration of the mark is requested, listed
under the applicable class or classes of the international Classification.
Where the Registrar finds that the requirements for registration have been fulfilled and the
registration of the mark has not been opposed156 within the prescribed time limit or the registration of
the mark has been opposed but has been decided in the applicant's favour, s/he shall register the mark
in the Register, publish a reference to the registra tion in the Journal, and issue to the applicant a
certificate of registration.
The owner of a registered mark, has exclusive right to the mark.157  Thus, no other person
may use the mark without the authorization of the owner.  The owner of the mark has a right to
institute a High Court proceedings against any pe rson who uses the mark without his authorization.158
The High Court may award the any remedies provided for in the general law as well as following
remedies pursuant to Marks, Collective Marks and Trade Names:
(a) injunction;(b) damages;
(c) order the seizure, forfeiture or destruction of any infringing product or any instrument
used to produce the infringing mark.
In addition to the rights that may be exerci sed by the owner, any person who infringe on a
mark or who does the following commits an offence and is liable to a fine or imprisonment or both:
(a) makes any die, block, machine or other instrument for the purpose of forging a mark
or collective mark;
(b) disposes of,  or has in his possession, any such die, bloc, machine or other instrument;(c) sells, or has in his possession for sale any goods which contain a forged mark or
collective mark; or
(d) imports into the State any product bearing a forged mark or collective mark.
9. Please provide the length and terms of protection the trademark law of Dominica
provides for a trademark.
Registration of a mark expires 10 years from the date of filing the application.
                                                     
156 Pursuant to Marks, Collective Marks and Trade Names 1999, an interested party may give notice of
opposition to the Registrar within the prescribed period of time on the ground that the mark is:
(a) incapable of distinguishing the goods or services of one enterprise from those of the other
enterprises;
(b) contrary to public order or morality;
(c) likely to mislead the public or trade circles;(d) identical to or in an imitation of or contains an …
157 §3 Marks, Collective Marks and Trade Names 1999.
158 §9 Marks, Collective Marks and Trade Names Act  1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 36
D.G EOGRAPHICAL INDICATIONS
10 . Please describe in detail how the laws of Dominica provide for the recognition andprotection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of geographicalindications so protected.
Section 6 of Geographical Indications Act 1999 makes provisions for the following
person/parties to file an application for registration of a geographical indication.
(a) any person or group of persons carrying on an activity as a producer in the
geographical area specified in the application, with respect to the goods specified in
the application;
(b) any group of consumers;  or(c) any competent authority.
Further, interested persons may within the prescribed period of time and in the prescribed
manner, give notice to of opposition to the registration of a geographical indication to the Registrar.
159
In addition, geographical indications have protection in Dominica regardless of whether or
not they are registered.160
Interested person/persons may institute court proceedings to prevent the unlawful use of
geographical indications, including the any use that c onstitutes an act of unfair competition within the
meaning of Article 10 bis of the Paris Convention.161  In court proceedings, the High Court is
authorized to issue an injunction, award damages and grant any other appropriate civil remedy.162
11. Please describe in detail the manner in which the additional protection required for
wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to therelevant provisions of law or regulation, and provide examples of geographical indications for
such products.
Any interested person or interested groups of persons may institute proceedings in the High
Court to prevent, the use of a geographical indi cation identifying wines for wines not originating in
the place indicated by the geographical indication in question, or identifying spirits for spirits not
originating in the place indicated by the geographical indication in question, even where the trueorigin of the goods is indicated or the geographical indication is used in translation or accompanied by
expressions such as "kind", "type", "style", "imitation" or the like.
163  In court proceedings, the High
Court is authorized to issue an  injunction, award damages and grant any other appropriate civil
remedy.164
 E.I NDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
                                                     
159 §9 Geographical Indications Act 1999.
160 §3 Geographical Indications Act 1999.
161 §13 Geographical Indications Act 1999.
162 Id.
163 §13 Geographical Indications Act 1999.
164 Id.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 37
Pursuant to the Industrial Design Act 1998 "any material whether or not associated with lines
or colours, which gives a special appearance to a product of industry or handicraft and can serve as a
pattern for a product of industry…." is inter alia  an industrial design.165
To obtain protection for an industrial design, an application for registration must be filed with
the Registrar accompanied with the required application fee.166
F.P ATENTS
13. Please describe in detail the way in which the patent law of Dominica implementsArticle 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes and plant varieties.  Please cite to the relevant provisions of the law.
As required by Article 27 of the TRIPS Agreement, Dominica Patents Act 1999 will grant a
patent only for an invention which is new, involves an inventive step, and is capable of industrial
application.
167
An invention is considered new if prior to the filing date or priority date, whichever
applicable, the subject invention has not been disclosed to the public anywhere in the world by oral or
written description or by use or by any other way.168  However, the Act will disregard a public
disclosure which occurred during the 12 months immediately preceding the filing or priority date
whichever applicable, where the disclosure is a direct consequence of acts committed by the applicant
or his predecessor in title or an abuse committed by a third party with regard to the applicant or hispredecessor in title.
169
Under the Patent regulations, an inventive step is non-obvious to a person having ordinary
skill in the art.170
Further, under the Act, industrial application requires that he invention can be made or used in
industry.171
Exceptions:
In accordance with Article 27.2 of the TRIPS Agreement, patent protection will not be
granted where it is necessary to prevent the commercial exploitation of an invention to protect public
order or morality including to protect human, animal or plant life or health; or to avoid serious
prejudice to the environment.172
While the Patents Act 1999 does not directly address the protection of micro-organism and
non-biological and micro- biological processes, patent protection will not be available for
discoveries.173  In addition there will be no grant of patent for:
(a) a scientific theory or mathematical method;
(b) a scheme, rule or method of doing business, performing a mental act or playing a
game; and
                                                     
165 §2 Industrial Design Act 1998.
166 §5 Industrial Design Act 1998.
167 §8 Patents Act 1999.
168 §9 Patents Act 1999.
169 §9(3) Patents Act 1999.
170 §10 Patents Act 1999.
171 §11 Patents Act 1999.
172 §12(3) Patents Act 1999.
173 §12(1) Patents Act 1999.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 38
(c) methods for the treatment of the human or animal body by surgery or therapy, as well
as diagnostic methods practiced on the human or animal body.174
Plant varieties
Dominica has also instituted Protection of New Plant Varieties Act 1999 to give plant
breeder's right in respect of plant varieties that are new, distinct, homogenous and stable.
14. Please describe in detail the rights provided patent holders under the patent law of
Dominica and cite to the relevant provisions of law.
The Patents Act 1999 recognizes a patent as personal property with the owner having
exclusive authority to exploit it.175  Exploitation of a patented invention by any person other than the
patent owner requires the latter's authorization.176  §33(2) of the Act defines "exploitation" as:
(a) making, importing in the Country, offering for sale, selling, using, stocking for the
purposes of offering for sale or selling or using a patented product; or
(b) using a patented process and doing any act in paragraph (a) in respect to any product
obtained from the patented process.
The patent owner has the right to bring a civil action against any person who exploits his
patented invention in Dominica without his authorization.177
15. Please describe in detail any provisions in the laws of Dominica permitting unauthorized
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions
under which such use can occur.
Exploitation authorized by the Attorney General:
The Patents Act 1999 permits the Attorney General, to authorize a government agency or a
designated third party to exploit the patented in vention, without the agreement of the patent owner,
where:
(a) the public interest so requires;  or
(b) the Attorney General has determined that  the manner of exploitation by the owner is
anti-competitive and the authorized exploitation would remedy such practice.178
In certain circumstances, a person who seeks the Minister's authorization must produce
evidence that the patent owner has declined to award a contractual licence under reasonablecommercial terms and conditions, and within a reasonable time.
179
Exploitation of the patent under the above terms is limited to the authorized purpose,
predominantly for the supply of the Dominican market, and, subject to adequate remuneration to the
                                                     
174 §12 Patents Act 1999.
175 §31 Patents Act, §33 Patents Act.
176 §33(1) Patents Act 1999.
177 §33(3) Patents Act 1999.
178 §35(1) Patents Act 1999.
179 See §35(4) Patents Act 1999.  This evidence is not required in cases of national emergency or other
cases of extreme emergency; public non-commercial use; and anti-competitive practices as determined by theAttorney General.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 39
patent owner.180  Further the Attorney General's decision is made after hearing from the patent owner
and other interested persons.181
Non-voluntary licences authorized by the Court
In addition, four years after a patent application has been filed, or three years after the patent
has been granted, whichever happens later, an interested person may apply to the Court for the grant
of a non-voluntary licence on the grounds that the patented invention is not being sufficiently
exploited in Dominica.182  Where a non-voluntary licence is issued, the Court will fix the scope,
function, and time limit for the licence; and the amount and conditions of payment to the patent
owner.183
The patent owner may avert the issuance of such non-voluntary licence if he provides
justification for the non-exploitation to the Court.184
Where the invention claimed in a later patent cannot be exploited without infringing on an
earlier patent, and, the later invention involves an important technical advance of considerableeconomic importance vis-à-vis the earlier patent, the Court may issue a non-voluntary licence to the
owner of the later patent to avoid infringement of the earlier patent.
185
16. What term of protection does the patent law of Dominica provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevantprovisions of the law.
A patent will expire 20 years after date of filing the application.  To maintain the patent, the
owner or applicant must pay a prescribed annual fee in advance to the registrar every year starting one
year after filing date.
G.L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
17. Please describe in detail the protection for layout-designs of integrated circuits providedunder the laws of Dominica, including the term of protection, and cite to the relevant provisions
of law.
The right to protection of a layout-design belongs to the creator.
186  Within that right is the
right of assignment or transfer by succession.  The term of protection is 10 years after the date of
commencement of protection.187  To be protected, the layout-design must be original.188  If however,
the layout-design consists of a combination of elements and inter-connections that are commonplace,
then the combination as a whole must be original in order to receive protection.189  A person wishing
to register a layout-design of integrated circuit must file an application form with the Registrar.
Protection is available only where the layout-design has not been commercially exploited anywhere in
                                                     
180 §35(2) & (9)Patents Act 1999.
181 §35(3) Patents Act 1999.
182 §38(1)( a) Patents Act 1999.
183 §38(2) Patents Act 1999.
184 §38(1)( b) Patents Act 1999.
185 §38(4) Patents Act 1999.
186 §5 Protection of Layout-Designs (Topographies) of Integrated Circuits.
187 §7 Protection of Layout-Designs (Topographies) of Integrated Circuits.
188 § 4 requires originality meaning – a creation of the creator's own intellect and not commonplace
among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.
189 Id.  Thus the combination must be a creation of the creator's own intellect and not commonplace
among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 40
the world for more than two years prior to application.190  It is unlawful to reproduce the protected
layout; or import, sell or distribute the protec ted layout for commercial purposes, without the
authorization of the rights holder.191  Notwithstanding the above, reproduction of the protected layout
for private purposes or for the sole purpose of evaluation, analysis research or teaching is permitted.192
H.P ROTECTION OF UNDISCLOSED INFORMATION
18. Please describe in detail how the laws of Dominica 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.
Dominica has not drafted legislation to protect undisclosed information
19. 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 Dominica and cite to the relevant provisions of law.
Dominica has not drafted legislation to protect undisclosed information
20. 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.
Dominica has not drafted legislation to protect undisclosed information
I.E NFORCEMENT
21. Please describe in detail the manner in whic h the laws of Dominica provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
Civil and Administrative Action
In relation to trademarks/service marks, utility models, patents, industrial designs, plant
varieties and layout-designs of integrated circuits the registered owner of the rights or the registered
licensee has the right to institute civil action.193
In the case of geographical indications any interested person or group of interested persons or
any group of consumers or any competent authority may institute proceedings in the High Court.194
Competent authority is not defined in the Geographical Indications Act but this would
normally be an institution which have standing in the particular matter i.e. suffered loss or likely to
suffer loss or is otherwise affected by an infringe ment.  The institution would also need to have the
capacity to sue and be sued.
As to Copyrights it will be anyone claiming as owner of the copyright as a result of creation,
assignment or other transmission rights, or an exclusive licensee may institute civil action.195
                                                     
190 §8 Protection of Layout-Designs (Topographies) of Integrated Circuits 1999.
191 §6 Protection of Layout-Designs (Topographies) of Integrated Circuits 1999.
192 §6(3) Protection of Layout-Designs (Topographies) of Integrated Circuits 1999.
193Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2); Marks,
Collective Marks and Trade Names Act 1999 §28(2);Industrial Designs Act 1998 §24(1);Patents Act 1999§41(1) & (6); Protection of New Plant Varieties Act 1999 Act §44(1).
194Geographical Indications Act 1999 §13.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
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Criminal Action
In addition to the available civil actions listed above, intellectual property infringement also
constitutes criminal offences with corresponding penalties that include mandatory fines and or
imprisonment.196
22. Please describe in detail all of the civil remedies that are available to right holders underthe laws of Dominica, citing to the relevant provisions of law or regulation.
Injunctions
The Intellectual Property (IP) Statutes provide for the granting of injunctive relief for
infringement of an IP right.197  The Court will grant an interim injunction only if the matter is urgent
or it is necessary to do so in the interest of justice and damages would not be an adequate remedy in
the circumstances.  The applicant for an interim injunction is required to give an undertaking to
compensate the respondent is it is later determined that the granting of the injunction was not justified.
Damages
Remedial damages are consistently available in Dominica the IP Statutes.198  D a m a g e s
generally include the recovery of commercial losses occasioned by the infringement.  In determining
Damages the Court must take into account reasonable royalty which may have been payable by a
licensee.  Further damages, such as aggravated damages may be awarded if the circumstance in whichthe infringement was committed was so scandalous as to merit such award.  An Order for damages is
normally accompanied by an Order for payment of legal cost to the successful party who is generally
entitled to such costs.
Seizure, forfeiture or destruction
Under the Intellectual Property (IP) Statutes  the Court has power to make an Order on the
application of the IPR holder for the seizure, forfeiture or destruction of infringing products or
articles.199
Account of profits and any other provision provided for in general law
The IP Statutes also allow a right holder to seek any other remedies provided for in the
general law.200  For instance, as an alternative to seeking an award of damages, a plaintiff may seek an
                                                                                                                                                                    
195Draft Copyright Bill§37(1).
196Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §25; Marks, Collective
Marks and Trade Names Act 1999 §§17(3), 18, 28, 29;Industrial Designs Act 1998 §§24(5), 25;GeographicalIndications Act 1999 §§13, 23;Patents Act 1999 §§33, 36, 40, 63;Draft Copyright Bill§§51, 54, 55, 58;
Protection of New Plant Varieties Act 1999 Act §45.
197Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(a); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(a);Industrial Designs Act 1998 §24(2)(b);GeographicalIndications Act 1999 §13(2);Patents Act 1999 §41(2)(a);Draf t Copyright Bill§37(2)(b); Protection of New Plant
Varieties Act 1999 Act §44(2)(a).
198Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(b); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(b);Industrial Designs Act 1998 §24(2)(a);Geographical
Indications Act 1999 §13(2);Patents Act 1999 §41(2)(c);Draf t Copyright Bill§37(2)(a); Protection of New Plant
Varieties Act 1999 Act §44(2)(c).
199Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(c); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(c);Industrial Designs Act 1998 §24(2)(c);Patents Act 1999§41(2)(b);Draft Copyright Bill§37(2)(c); Protectio n of New Plant Varieties Act 1999 Act §44(2)(b).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 42
account of profits.  The Court in such circumstances is required to make an assessment of the profits
gained by infringer consequent on the infringement and to pay this over to the right holder.
23. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Dominica, 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.
Part 17 of the Civil Procedure Rules, 2000 lists the interim remedies which may be granted by
the Court.  These include:
- interim injunctions;
- interim declarations;
- orders for the detention, custody or inspection of relevant property;
- orders to deliver up goods;
- freezing orders;
- orders to provide information about property or assets subject of a freezing Order;
- search orders;
- order for interim payment;
- any other interim Order as dictated by the circumstances of the case.
The Court will grant an interim injunction only if the matter is urgent or it is necessary to do
so in the interest of justice and damages would not be an adequate remedy in the circumstances.  The
applicant for an interim injunction is required to give an undertaking to compensate the respondent is
it is later determined that the granting of the in junction was not justified.  Specific intellectual
property regulations provide for interim remedies as follows:
Protection of Layout-Designs,201 Marks, Collective Marks and Trade Names,202 Industrial
Designs,203 Geographical Indications,204 Patents,205 Copyright,206 Protection of New Plant Varieties207:
On the application of the right holder, or of a licensee, the court may as soon as possible-
(a) grant an injunction to prevent infringement or an imminent infringement;
(b) order the seizure, forfeiture or destruction of:
                                                                                                                                                                    
200Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(d); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(d);Industrial Designs Act 1998 §24(2)(d);GeographicalIndications Act 1999 §13(2);Patents Act 1999 §41(2)(d) & (e);Draft Copyright Bill§37(2)(d), (e) & (f).
201Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2).
202 Marks, Collective Marks and Trade Names Act 1999 §28(2).
203Industrial Designs Act 1998 §24(2).
204Geographical Indications Act 1999 §13(2).
205Patents Act 1999 §41(2).
206Draft Copyright Bill§37(2).
207 Protection of New Plant Varieties Act 1999 Act §44(2).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
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- any infringing product or article or any product or article of which the
infringing product or article forms an integral part;  or
- any article, instrument or thing by means of which any such infringing
product or article was produced.
J.S PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
24. Please describe in detail the procedures under the laws of Dominica that provide forborder enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.
Marks Collective Marks and Trade Names
Any person who imports into Dominica a product or article bearing a forges mark or
collective mark, or any other infringing article commits an offence and is liable to a mandatory fineand/or imprisonment.
208  Furthermore, the regulation provides for the grant of injunction to prevent
infringement, and the order of seizure, forfeiture or destruction of any infringing product, on
application of the owner.209  However there is no regulation pertaining specifically to border
measures.
Copyright
As regards to copyright material, where there is reasonable grounds to believe that a pirated
copy of work is being imported into Dominica, the copyright owner may, provide written notification
to the Comptroller and request him to detain any su ch pirated copy as may come into the control or
custody of Customs.210  Part IX, section 99-102 of the Draf t Copyright Bill deals with border
protection measures.
25. 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 each
form of intellectual property, citing the relevant provisions of law.
There are no similar provisions in the legislation dealing with Trade Marks or any other IPR
legislation.
26. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Dominica are empowered to act ex officio and, if so, please identify the intellectual property
areas subject to ex officio action.
There is no provision requiring ex officio  action by Customs officials.  All actions must be
initiated by the copyright owner or exclusive licen see or by the owner (or authorised user) of the
industrial property right.
K.C RIMINAL PROCEDURES
27. Please describe in detail how the laws of Dominica implement Article 61 of the TRIPS
                                                     
208 § 29 Marks Collective Marks and Trade Names Act 1999.
209 § 28 Marks Collective Marks and Trade Names Act 1999.
210 § 99 Draft Copyright Bill.IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
Page 44
Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient 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.
Under the laws of Dominica, intellectual property infringement may constitute a criminal
offence with corresponding penalties that include mandatory fines and or imprisonment.211  The High
Court has jurisdiction over criminal acts of infringement and the Court of Appeal has jurisdiction over
appeals while final appeal lies with the Judicial Committee of the Privy Council.
As regards geographical indications, layout-designs of integrated circuits  and patents , persons
who knowingly infringe on the protected intellectual property are liable to a minimum fine of fifteen
thousand dollars and/or a minimum term of imprisonment of five years.212
As regards industrial designs, any person who intentionally commits an infringing act
commits an offence and is liable to a fine of twenty thousand dollars and imprisonment for fiveyears.
213
As regards new plant varieties, any unauthorized person who wilfully offers for sale or
markets, propagating material of a variety protecte d in Dominica, is liable to a minimum fine of five
thousand dollars.214
As regards trademarks, infringement of the protected mark, collective mark or trade name
constitutes an offence and is liable to a minimum fine of ten thousand dollars and/or minimum
imprisonment term of three years.215  Further, any person who performs the following commit an
offence and is liable to a minimum fine of fifteen thousand dollars and/or a minimum term ofimprisonment for five years:
- forge a mark or collective mark;
- make a die, block, machine or other instrument for the purpose of forging or of being
used for forging a mark or collective mark;
- dispose of, or has in his possession, any such die, block, machine or other instrument;
or
- import, sell or has for sale, goods that bear a forged mark or collective mark.
216
Concerning protected copyright, any unauthorized person who infringes a copyright, in the
first case, is liable to a fine of twenty-five hundred dollars for each article to which the offence relates,
and, in the case of subsequent offences, the aforementioned fine plus imprisonment of twelve
months.217  Further someone who knowingly makes or possesses an article specifically designed or
adapted for making copies of a particular copyright work, commits an offence and is liable in the case
of the first offence to a fine of fifteen thousand dollars, and, in the case of subsequent offences, the
aforementioned fine plus imprisonment of six months.218
                                                     
211 §25 Protection of Layout-Designs Topographies) of integrated Circuits Act 1999; §§17(3), 18, 28,
29 Marks, Collective Marks and Trade Names Act 1999; §§24(5), 25 Industrial Designs Act 1998; Geographical
Indications Act 1999 §§13, 23;Patents Act 1999 §§33, 36, 40, 63; §§51, 54, 55, 58  Draft Copyright Bill; §45
Protection of New Plant Varieties Act 1999.
212 §23 Geographical Indications Act 1999; §63 Patents Act 1999; §25 Protection of Layout-Designs
Topographies) of integrated Circuits Act 1999.
213 §24(5) Industrial Designs Act 1998.
214 §45 Protection of New Plant Varieties Act 1999.
215 §29 Marks, Collective Marks and Trade Names Act 1999.
216 Id.
217Draft Copyright Bill§51(4).
218Draft Copyright Bill§§51(5).IP/Q/DMA/1, IP/Q2/DMA/1,
IP/Q3/DMA/1, IP/Q4/DMA/1
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28. 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.  Please describe the provisions in the laws of
Dominica that provide for such remedies, a nd describe the circumstances in which those
remedies would be imposed, citing to the relevant provisions of law or regulation.
Under the Dominica IP Statutes, as regards to patents, industrial designs , layout-designs of
integrated circuits, copyright  and trademarks  the Court has power to make an Order on the application
of the IPR holder for the seizure, forfeiture or destruction of infringing products or articles, as well as
instruments by means of which the infringing product was produced.219
L.S TATISTICAL QUESTIONS
29. 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 ca ses filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
There is no statistical data available.
30. 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 other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
There is no statistical data available.
__________
                                                     
219Protection of Layout-Designs Topographies) of integrated Circuits Act 1999 §24(2)(c); Marks,
Collective Marks and Trade Names Act 1999 §28(2)(c); Industrial Designs Act 1998 §§24(5), 25; Patents Act1999 §41(2)(b); Draft Copyright Bill§37(2)(c).