Intellectual Property Laws at Dominica
Dominica's intellectual property (IP) legal framework is governed by national legislation and administered by the Companies and Intellectual Property Office (CIPO). Here's an overview of the key IP laws and enforcement mechanisms in Dominica:
Key IP Laws and Regulations
1. Patents
Governing Law Patent Act, Act No. 8 of 199
Protection Grants exclusive rights to inventors for new inventions that involve an inventive step and are capable of industrial application.
Duration 20 years from the filing dat.
Application Process Involves submitting a petition, application, and paying the prescribed fee.
Maintenance Requires annual renewal fees to keep the patent active.
2. Trademarks
Governing Law Marks, Collective Marks, and Trade Names Act, No. 12 of 199
Protection Covers distinctive signs used to identify goods or service.
Application Process Requires filing an application with CIPO, including representation of the mark and payment of fee.
Duration Initial protection lasts 10 years, with the possibility of renewal.
3. Industrial Designs
Governing Law Industrial Designs Act, No. 2 of 198
Protection Applies to the aesthetic aspect of an article.
Application Process Involves submitting a design application to CIP.
Duration Initial protection lasts 5 years, with the possibility of renewal.
4. Copyright
Governing Law Copyright Act, Act No. 5 of 203
Protection Covers original literary, artistic, and scientific work.
Duration Generally lasts for the life of the author plus 50 year.
Moral Rights Authors have rights to attribution and integrity of their work.
Infringement Includes unauthorized reproduction, distribution, or performance of protected work.
5. Geographical Indications
Governing Law Geographical Indications Act, No. 13 of 199
Protection Applies to products that have a specific geographical origin and possess qualities or a reputation due to that origin.
6. Layout-Designs (Topographies) of Integrated Circuits
Governing Law Protection of Layout-Designs (Topographies) of Integrated Circuits Act, No. 11 of 199
Protection Covers the three-dimensional configuration of electronic circuit.
7. Protection of New Plant Varieties
Governing Law Protection of New Plant Varieties Act, No. 14 of 199
Protection Applies to new, distinct, uniform, and stable plant varieties.
🛡️ Enforcement and Administration
The Companies and Intellectual Property Office (CIPO) is responsible for administering IP laws in Dominica It handles registrations, maintains records, and provides information on IP mattes.
Contact Information:
Address: Corner of Turkey Lane & Independence Street, Roseau, Commonwealth of Dominica
🌐 International Agreements
Dominica is a signatory to several international treaties that influence its IP laws:
*Paris Convention for the Protection of Industrial Property: Establishes the minimum standards for the protection of industrial property.
**Patent Cooperation Treaty (PCT)*: Allows inventors to seek protection for their inventions in multiple countries through a single application procedure.
*Berne Convention for the Protection of Literary and Artistic Works: Provides automatic protection for the rights of authors over their literary and artistic woks.
*UPOV Convention: Protects the rights of plant breeders over new varieties of plants.
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