Geographical Indications Law in Dominican Republic

In the Dominican Republic, Geographical Indications (GIs) are protected under national intellectual property law, specifically through legislation and international agreements. Here's an overview of how GIs are protected in the Dominican Republic:

🏛️ Legal Framework

Law No. 20-00 on Industrial Property (Ley No. 20-00 sobre Propiedad Industrial)

This law governs trademarks, patents, industrial designs, and geographical indications.

Provides explicit protection for Appellations of Origin and Geographical Indications.

Administered by the National Office of Industrial Property (ONAPI).

📌 Definitions

Geographical Indication (GI): A sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics essentially due to that origin.

Appellation of Origin: A special kind of GI that requires a stronger link between the product and the geographical area.

Requirements for GI Registration

To register a GI under Law 20-00:

The name or sign must identify a product originating from a specific region.

The product must have specific qualities or characteristics attributable to that region.

There should be a direct link between the geographical origin and the production, processing, or preparation of the product.

🛡️ Protection Rights

Once registered:

The GI is protected against misuse, imitation, or evocation.

Unauthorized use by entities not complying with the specification is prohibited.

It ensures that only producers within the defined area can use the GI.

🌍 International Treaties

The Dominican Republic is a party to various international agreements that also protect GIs:

TRIPS Agreement (WTO) – minimum standards of protection for GIs.

Lisbon Agreement (via WIPO) – for the protection of Appellations of Origin.

CARIFORUM–EU EPA – includes provisions for GI protection and cooperation.

🧾 Examples of GIs in the Dominican Republic

Café de Valdesia – a registered GI for coffee from the Valdesia region.

Ron Dominicano – Dominican rum has also been the subject of GI discussions and regional branding.

🏢 Regulatory Body

ONAPI (Oficina Nacional de la Propiedad Industrial)

Responsible for the examination, registration, and enforcement of GIs and related rights.

 

LEAVE A COMMENT

0 comments