Table of Contents
Patents of Invention
Legal Basis
– Law No. 20-00 of May 8, 2000 on Industrial Property.
– Ruling No. 599-01, dated June 1, 2001, modifying Law No. 20-00.
– Ruling No. 180-03, dated March 3, 2003, modifying Ruling No. 599-01.
– Law No. 424-06, establishing the Free Trade Treaty among the Dominican Republic, Central America and the United States of America (DR-CAFTA).
Membership in International Conventions
– Paris Convention.
– Patent Cooperation Treaty (PCT).
Filing Requirements
– Power of attorney, duly notarized and legalized by a Dominican Consulate or by Apostille;
– Specification in Spanish, in electronic format;
– Drawings (if any) in ink and made to a metric scale, in electronic format;
– Certified copy(ies) of the application if applied for in other countries;
– Priority document when claiming this protection
Remarks
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Duration: patent issued after preliminary and substantive examination – valid for 20 years.
Annuities: are payable for patents before the beginning of the corresponding yearly period. The first annual fee shall be paid before the beginning of the third year, counted from the date of the patent application, i.e. when the patent has its second anniversary of its application date. Two or more annual fees may be paid in advance.
Opposition: possible. Oppositions to pending patents should be made by observations within sixty days from publication of the application.
Opposition to granted patents: only before the courts in a civil suit.
Trade and Service Marks
Legal Basis
– Law No. 20-00 of May 8, 2000 on Industrial Property.
– Ruling No. 599-01, dated June 1, 2001, modifying Law No. 20-00.
– Ruling No. 180-03, dated March 3, 2003, modifying Ruling No. 599-01.
Membership in International Conventions
– Paris Convention.
Filing Requirements
– Power of attorney (no legalization required);
– Electrotype;
– 4 prints of the trademark;
– List of goods or services to be protected;
– Priority document, if priority is claimed (no legalization).
Remarks
Duration – renewals: 10 years from the filing date; renewable for further periods of 10 years.
Obligation to use the registered mark: compulsory, within any three-year period from the date of registration, otherwise any person can record a cancellation action for non-use of the registration of the trademark.
Opposition: possible within 45 days counted from the publication of the trademark application.
Industrial Designs
Legal Basis
– Law No. 20-00 of May 8, 2000 on Industrial Property.
– Ruling No. 599-01, dated June 1, 2001, modifying Law No. 20-00.
– Ruling No. 180-03, dated March 3, 2003, modifying Ruling No. 599-01.
Membership in International Conventions
– Paris Convention.
Filing Requirements
– Power of attorney, duly notarized and legalized by a Dominican Consulate or by Apostille;
– A description of the design and its particularities;
– A graphic representation of the design;
– If a priority is claimed, the application must attest the country or Office where the priority was filed, the date of such filing and the number assigned to said application;
– A certified copy of the priority application must be filed after the filing of the application;
– The products with which the design will be applied for and the Locarno Class to be claimed in protection.
Remarks
Duration: after formal examination: 5 years from the filing date; renewable for two additional periods of five years.
Opposition: once the industrial design or model is published, any interested party may file an objection, within a period not greater than thirty days counted from the date of its publication.
Domain Names
Filing
ccTLD: .do
Applicant: individuals and legal entities.
Local presence: not required.
Remarks
Duration – renewals: one, two, three, five or ten years, renewable.
Uniform dispute resolution procedure: available (variation of UDRP) before WIPO Arbitration and Mediation Center.