Industrial Designs Law in Haiti
Certainly! Here's an overview of the Industrial Designs Law in Haiti:
Industrial Designs Law in Haiti
Legal Framework
Industrial designs in Haiti are primarily governed by the Law on Industrial Property (Loi sur la Propriété Industrielle), originally enacted in 1993.
The Haitian Institute of Industrial Property (Institut Haïtien de la Propriété Industrielle - IHPI) is the national authority responsible for the registration and administration of industrial designs.
Haiti is a member of international intellectual property treaties that influence its industrial design protection regime.
What is an Industrial Design?
An industrial design protects the ornamental or aesthetic aspects of a product.
This includes the shape, pattern, lines, colors, or combinations applied to articles.
The design must be new and original.
Protection covers the visual appearance rather than functional or technical features.
Key Provisions
Definition:
An industrial design is defined as the external ornamental or aesthetic features of an article.
Registration Authority:
The IHPI manages the registration and protection of industrial designs in Haiti.
Eligibility for Protection:
The design must be novel (not publicly disclosed before the filing date).
Must have distinctive character.
Must be capable of industrial application.
Registration Process:
Application is filed with the IHPI and should include clear representations (drawings or photographs) of the design.
The application undergoes formal examination.
Upon acceptance, the design is registered and a certificate is issued.
Duration of Protection:
Initial protection is granted for 5 years.
It can be renewed for two additional periods of 5 years, for a maximum total of 15 years.
Rights Conferred:
The owner has exclusive rights to exploit the design and prevent unauthorized use.
Rights can be assigned or licensed.
Infringement and Remedies:
Unauthorized use constitutes infringement.
The owner may seek injunctions, damages, and seizure of infringing goods.
International Treaties
Haiti is a member of the Paris Convention for the Protection of Industrial Property, allowing priority claims from earlier filings in other member countries.
Haiti is also a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
Haiti participates in regional IP systems such as the Organisation Africaine de la Propriété Intellectuelle (OAPI), which offers centralized registration of industrial designs in member states (note: Haiti is not a member of OAPI, but regional cooperation influences IP practice).
Enforcement
Industrial design rights enforcement is through Haitian courts.
The IHPI facilitates registration but does not enforce rights directly.
Judicial remedies include injunctions, damages, and destruction of infringing articles.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Haitian Industrial Property Law (1993) |
| Registration Authority | Institut Haïtien de la Propriété Industrielle (IHPI) |
| Protection Duration | 5 years, renewable twice (total 15 years) |
| Examination Type | Formal examination |
| International Treaties | Paris Convention, TRIPS, WTO |
| Rights Conferred | Exclusive rights to use and prevent infringement |
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