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Definition and legal requirements. For an invention to have patent protection, it must:
- Be novel.
- Involve an inventive step.
- Be capable of industrial application.
Registration. Patents must be registered at the Patent Department of the National Office of Industrial Property to be protected.
Enforcement and remedies. Patent rights can be enforced through a criminal or civil action before the relevant court. A person who breaches a patent can be subject to imprisonment and fines.
Length of protection. Protection lasts for a non-renewable period of 20 years from the date of filing the application.
Definition. A registered design must be new, meaning that it has not been disclosed or made accessible to the public anywhere else in the world.
Registration. Protection is achieved by registration at the National Office of Industrial Property, where the right holder will obtain a certificate of registration.
Enforcement and remedies. Registered designs are enforced in the same way as patents.
Length of protection and renewability. Protection lasts for five years and is renewable for two additional five-year periods.
Definition and legal requirements. A trade mark must be distinctive and must not create confusion regarding the services and products that it represents.
Protection. To be protected, trade marks must be registered at the Trade Mark Department of the National Office of Industrial Property.
Enforcement and remedies. Trade mark rights are enforced in the same way as patents.
Length of protection and renewability. Protection lasts indefinitely, being renewable at ten-year intervals.
Definition and legal requirements. Unregistered designs are not covered by Dominican intellectual property law.
Enforcement and remedies. Not applicable.
Length of protection. Not applicable.
Definition and legal requirements. A new musical, artistic, scientific or literary creation can be protected by copyright.
Protection. Copyright arises automatically on the creation of a work, and there is no requirement for registration. The work can also be protected by an international treaty, such as the WIPO Berne Convention for the Protection of Literary and Artistic Works 1971 (Berne Convention), to which the Dominican Republic is a signatory.
Enforcement and remedies. The right holder can use civil, criminal or administrative legal processes.
Length of protection and renewability. Protection lasts for the right holder's lifetime, plus 50 years following their death, during which it will pass to their surviving spouse and heirs.
Other IP rights include:
- Domain names.
- Plant varieties.
- New, registered chemical entities.