IP Protection Modification - Dominian Republic
The Dominican Republic, has proposed certain modifications in its IP Protection Rights in order to comply with the Free Trade Agreement with the US. The main modifications to current legislation are the following:
Patent applications: (a) Any procedure or invention complying with the novelty, inventive activity and industrial applicability will be accepted in every technological field;
(b) Except for TRIPs provision, the parties will allow patent protection of plants. The term protection will be adjusted for delays in the application process that reduce the protection given;
(c) The Patent Cooperation Treaty should enter into force or be ratified as soon as possible;
(d) No Sanitary permissions between Patent Office and the Ministry of Health will be granted in violation to any patent rights and limit the obtaining of sanitary permits unless specifically authorized by the patent owner and
(e) Expressly inform the patent owner regarding any pharmaceutical good still related to the good protected by the patent.
Trade mark protection: (a) Sound and small trade marks will be registered. An electronic system for filing and maintaining trade mark registration online will be implemented;
(b) A database of trade mark laws as well as trade mark registration application will be made accessible to the public and
(c) The reasoning for accepting or denying protection or recognition of geographical indications will be improved.
IP rights enforcement: Effect measures to protect IP rights especially in cases of infringement of copyright and counterfeiting of goods will have to be established by the courts and the assistance of the prosecutor's office for investigating into infringement will be granted on the request of the rightful owner for seizure etc.
The Dominican courts have ruled in high profile counterfeiting and general infringement cases in the past year and have granted remedies and preliminary injunctions to plaintiff' using a good sense of justice and compliance with international agreement.
Notwithstanding these developments, even though the Dominican Customs is trying to put its IP department to work, it is a long way from getting border measures to become real as the presumption of innocence can be jeopardized by granting of measures that imply the guilt of the defendant.
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