Industrial Designs Law in Dominican Republic
Industrial Designs Law in the Dominican Republic
1. Legal Framework
The protection of industrial designs in the Dominican Republic is governed primarily by:
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre la Propiedad Industrial), enacted in 2000.
Administered by the National Office of Industrial Property (ONAPI).
The Dominican Republic is a member of several international treaties including:
Paris Convention for the Protection of Industrial Property
TRIPS Agreement
Patent Cooperation Treaty (PCT)
Hague Agreement for the International Registration of Industrial Designs
2. What Can Be Protected?
An industrial design protects the ornamental or aesthetic aspects of a product.
It includes features such as shape, configuration, pattern, or ornamentation.
The design must be:
Novel (new)
Have individual character
Functional or technical features are excluded from protection.
3. Registration Process
Filing Authority:
National Office of Industrial Property (ONAPI)
Steps:
Filing the Application:
Submit a request including representations (drawings or photos) of the design.
Provide a description and list the products the design applies to.
Formal Examination:
ONAPI checks for completeness and compliance with formal requirements.
Substantive Examination:
The novelty and originality of the design are examined.
Publication:
Approved designs are published in the Industrial Property Gazette.
Registration and Issuance:
A certificate of registration is granted.
4. Duration of Protection
Registered industrial designs are protected for 5 years from the filing date.
The protection can be renewed for up to 3 additional periods of 5 years, totaling a maximum of 20 years.
5. Rights Conferred
Exclusive rights to use the design.
Right to prevent unauthorized manufacture, sale, or import of products incorporating the design.
Rights can be transferred or licensed.
6. Infringement and Enforcement
Enforcement is through the judicial system.
Remedies include injunctions, damages, and seizure of infringing products.
7. International Protection
The Dominican Republic’s membership in the Hague Agreement allows for international design registrations designating the country.
Priority claims are recognized under the Paris Convention.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Law No. 20-00 |
| Registration Authority | National Office of Industrial Property (ONAPI) |
| Protection Duration | 5 years, renewable up to 20 years |
| International Treaties | Paris Convention, TRIPS, PCT, Hague Agreement |
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