header_logo
cancel1

Dominican Republic

Last Verified on Friday 3rd March 2017

    • Dominican Republic

      An invention is novel when it does not exist in the prior art. This includes everything that has been disclosed or made accessible to the public, in any place in the world, by means of a publication in tangible form, oral disclosure, marketing, use or any other means, before the date of filing of the patent application in the Dominican Republic or before the date of filing of the foreign application whose priority is claimed. 

      An invention has inventive step if to a specialised person or expert in the corresponding technical field, the invention is neither obvious nor evidently derived from the relevant prior art. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The criteria for considering whether an invention is obvious in view of prior art may be complex. In principle, comparing one or more pieces of prior art with the invention and then analysing both similarities and differences may aid in determining the obviousness of the invention. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Under Dominican law, patents may be obtained to protect inventions, utility models and industrial designs.

      In particular, inventions are understood as any idea, creation of human intellect, capable of being applied to industry. An invention may refer to a product or to a procedure. 

      A utility model is considered to be any new form, configuration or arrangement of elements of any device, tool, instrument, mechanism or other object, or some part of the same, which permits better or different functioning, utilization or manufacture of the object incorporating it, or which gives it some utility, advantage or technical effect that it did not have before. This protection is only available to products, thus excluding procedures.

      Whereas an industrial design is considered to be any arrangement of lines or combination of colors or any two­-dimensional or three­-dimensional outward shape embodied in an industrial or handcraft product, including, inter alia, parts intended to be assembled into a complex product, packaging, presentation, graphic symbols and typefaces, except computer programs, intended to give the product a special appearance without the intended use or purpose of the product being thereby changed.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Patent protection has a duration of 20 years counted from the date of filing of the application in the Dominican Republic. However, pursuant to the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) and Dominican Republic IP Law 20-00, an extension of the term of patents granted on or after 1 March 2008, can be requested in order to compensate unreasonable delays  attributable to the governmental authorities in the following cases: (i) the patent granting process (patent term adjustment or PTA), or (ii) the issuance of the marketing approvals (MA) for the first commercialisation of the pharmaceutical product in Dominican territory. In order to qualify for a PTA, the patent application must have a delay attributable to the National Office of the Industrial Property (ONAPI) of more than five years from its filing date or three years from the date of payment of the merit examination fee. In the case of marketing approvals, the extension is permitted for delays attributable to the Ministry of Health of more than two years and six months from the time of filing for regulatory review.  

      The extension is equivalent to one day for each day of delay, and can be obtained for a maximum of three years. PTA should be requested within 60 days from the issuance of the patent or the marketing approval.   

      The patent for utility models expires in 15 years counted from the filing date of the application in the Dominican Republic.

      The registry of an industrial design shall expire after five years counted from the filing date of the respective application at the National Office of Industrial Property. The registry of an industrial design may be extended for two additional periods of five years each by payment of the established extension fee.    

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Dominican Law does not establish foreign filing licence requirements for patent applications conceived in the country but filed abroad. The Dominican Republic is a party to the Paris Convention and Patent Cooperation Treaty (PCT). In order to protect an invention, foreign patent applications can be filed using the Paris route or the PCT route. Depending on which pathway is chosen, the applicant will have 12 months or 30 months before having to initiate the procedures for the national phase and complying with local requirements.

      The minimum documentation consists of: application form, description, claims, summary, figures (if applicable), payment of official fees, priority claim declaration, priority certified copy, power of attorney, assignment documents and drawings (if applicable).  

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The current patent litigation trend in the Dominican Republic is in regard to the Patent Term Adjustment (PTA) or restoration due to the unreasonable delays incurred by the administration in the granting of patents.

      The Inventions Department of the ONAPI has not granted any PTAs arguing that the filing date of the patents whose term extension was requested is prior to the entry into effect of the DR-CAFTA Implementation Law 424-06, which modified Dominican legislation and introduced the compensation of patent term. However, considering that the legal basis for the granting of a patent term adjustment is the unreasonable delay in the granting of the patent, the right to the same is born when the patent is granted. As a result, many patent holders have initiated legal actions before the Administrative Court and the Court of Appeals.

      The compensation is applicable to all patents granted after 1 March 2008, whenever there is a period of more than five years between the filing of the application and the granting of the same or more than three years from the date of the merit examination request. Patent applications filed prior to 1 March 2008 benefit from PTA provided that the patent was granted after the entry into force of the provision, namely, patents granted after 1 March 2008. Please see question 4 for further information regarding the duration of patent rights.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Civil claim remedies are available for patent holders against any person infringing that right or against any person who carries out acts that evidently show the imminence of an infraction. In this regard, a patent holder can request cessation of the action infringing his rights, attachment of the objects resulting from the infraction, measures to avoid the continuation or repetition of the infraction (including destruction of the attachment), and indemnity for losses and damages.

      Article 175 of Industrial Property Law governs the calculation for losses and damages. In civil judicial proceedings concerning enforcement of the rights covered by said Law, the judicial authorities shall have the power to order the infringer to pay the titleholder damages adequate to compensate for the injury that he has suffered as a result of the infringement.

      For the purpose of calculating damages, the portion corresponding to the lost profit for which compensation is due is calculated in accordance with one of the following criteria, taking into account the value of the infringed­ upon good or service based on the suggested retail price or other legitimate measure of value that the titleholder presents: (i) the profits that the titleholder would have expected to obtain without competition from the infringer; (ii) the price that the infringer would have had to pay to the titleholder for a contractual license (taking into account the commercial value and the contractual licenses that have already been granted). 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The “patent exhaustion doctrine” or “first sale doctrine” is recognised by article 30 of Industrial Property Law 20-00. In this regard, the patent does not give the right to prevent the sale, leasing, use, usufruct, importation or any means of marketing of a product protected by patent or obtained by a patented process, once said product has been placed in the market in any country with the consent of the holder or of a licensee or in any other legal manner. However, products and procedures shall not be considered legally placed on the market if placed in violation of the Industrial Property Law. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The Dominican Republic is not a signatory to the Madrid Protocol but could join it in the near future. This agreement was approved by the Senate on 11 May 2011, and was remitted to the House of Representatives on 7 June 2011.

      The Speaker of the House of Representative requested the Executive Power to redraft it, break it down and resubmit it for Congressional ratification. This decision was taken given that the ONAPI observed that both the Madrid Agreement and the Protocol were jointly sent to Congress for ratification and that the Dominican Republic’s commitment under the DR-CAFTA was to approve the Madrid Protocol. The Executive Power has not yet responded to this request.

      On another note, the Dominican Republic is a signatory to the TRIPs agreement. The agreement entered into effect on 9 March 1995. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The main problems affecting trademark owners in the Dominican Republic is the counterfeit of pharmaceuticals. The Ministry of Health and the National Directorate for Drug Control (DNCD) are being more rigorous with health surveillance by carrying out raids in order to identify those products in violation of health laws that require marketing approval.  

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The Customs Agency issued Resolution No. 01-2010, which created a Registry of Intellectual Property Titleholders.

      As a result of this Resolution, registered trademarks and copyrights can also be recorded before the Customs Agency to maximise border protection. The holders of unregistered copyrights and related rights, which have not been registered before the National Copyright Office, can also apply for registration before the Customs Agency. 

      This procedure aids customs personnel with infringement determinations by making intellectual property rights information available at the ports. At the border, customs is authorised to exclude, detain and seize imported merchandise that infringes trademark and copyright laws.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Dominican Industrial Property Law 20-00 establishes that a trademark is in use when the products or services that it distinguishes are available in the national market under that trademark, in the quantity and manner normally appropriate taking into account the size of the market for the product in question, the nature of the product and the ways in which its marketing is carried out. Additionally, it states that the use of a trademark in relation to products destined for exportation from the national territory, or with relation to services rendered abroad from the national territory, also constitutes use of the trademark. Consequently, these are the recognised forms of use.

      The World Intellectual Property Organization has recognised the use of trademarks on the Internet and the effects of such use in multiple jurisdictions. For instance, circumstances such as the following could be taken into account by the competent court if the proper evidence is filed in order to sustain these arguments: (i) serving of customers in the particular territory or country; (ii) actual visits to the web site for which or on which the sign is used from persons in the particular territory or country; (iii) use of the language predominantly used in the particular territory or country; (iv) activities in the particular country or territory which are not carried out over the Internet; (v) other similar circumstances that can be taken into account.

      However, we have no court precedents in the Dominican Republic that could be used as persuasive authority in order to obtain a favourable decision, and therefore the theory of Internet use should be well argued with proper evidence. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Under Dominican law, the rule is that the right to exclusive use of a trademark is acquired by means of its registration. However, our legislation also provides for exceptions, such as when the person who has been using the trademark (for more than six months) in this country without interruption and in good faith from the earliest date shall have preference for obtaining the registry of a trademark. If a trademark has not been in use in this country, the first person to file the corresponding application shall have preference.

      This might not be well understood by foreigners doing business in the Dominican Republic as many of them come from first-to-use legislations. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      When registering a trademark in the Dominican Republic, the applicant must not incur in any of the absolute or relative grounds for refusal provided in articles 73 and 74 of Industrial Property Law 20-00 in order to secure registration and avoid third party oppositions or other legal remedies.

      As defined by Industrial Property Law 20-00, inadmissible trademarks based on absolute grounds refer to the following cases: descriptive marks; when they consist of usual forms for products or which give them a functional or technical advantage; generic designations; scientific or technical names; simple colours; insufficient distinctive character with regards to the product to which they are applied to; contrary to morality or public order; expressions that ridicule; deceptive trademarks; reproduction of registered appellations of origin; imitation of flags, emblems, denominations or abbreviations of any state or international organization, official symbols, coins, bills, titles, commercial documents, medals, prizes, diplomas; when they include the denomination of a variety of vegetation protected in the country or abroad; contrary to the provisions of Law 20-00 or any other law; and when they reproduce an expired or voluntarily cancelled registration applied to the same or associated products or services unless one year has passed after the date of expiration or cancellation.

      On another note, relative grounds for refusal apply when a trademark would affect third party rights, such as, when it is identical or resembles a registered trademark or in the process of registration which distinguishes the same or similar products or services; when it could create confusion with an unregistered trademark used by a third party who would have better rights to obtain the registry for the same or similar products or services; resembles a trade name or emblem used by a third party as of an earlier date; reproduces, imitates or is the translation of a well known trademark; when it would affect the personal rights of a third party regarding the name, signature, title, hypocoristic or portrait different from the person applying for registration; when it would affect the right to the name, image or prestige of a local or foreign company; when it would infringe a copyright or a preexisting industrial property right or has been applied for as to perpetrate or consolidate acts of unfair competition.        

      In addition, it is recommended that the applicant obtain registration before beginning local use. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes, our country complies with the pre-registration opposition system. Any third party can oppose a trademark application within a time limit of 45 days counted from the publication date in the Official Gazette of the ONAPI. The deadline cannot be extended. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes, Industrial Property Law 20-00 as amended by Law 424-06 on Implementation of the DR-CAFTA, provides for Border Measures. The holder of a trademark right can request customs authorities to suspend the release of suspected counterfeit or confusingly similar trademark goods into free circulation. The competent customs authority shall require the titleholder to provide adequate evidence that there is prima facie an infringement.

      Dominican courts can order precautionary measures only where the person requesting them demonstrates, with reasonably available evidence that the court considers sufficient, that an infringement has been committed or is imminent, before, at the same time as or after the start of infringement proceedings.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Under Dominican law, there are minimum legal provisions for trademark licensing. In fact, the rules set forth by our industrial property legislation only apply unless otherwise stipulated in a licence contract. In this regard, the parties have contractual freedom.

      Some of the key issues that should be considered as outlined by Law 20-00, include the following: (i) if the licensee shall be entitled to use the mark during the whole period of validity of the registration, including renewals thereof, throughout the country and with respect to all the goods or services for which the mark is registered; (ii) if the licensee may or may not assign the licence or grant sub­licenses; (iii) if the licence shall be exclusive or not; and if the licensor may grant other licenses to use the mark in the Dominican Republic as well as using the mark him or herself in the Dominican Republic.

      There are no special provisions on “naked licences”. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      No. However, Copyright Law 65-00 provides that authorisation for a form of use of the work protected by copyright does not extend to others. In any case, the effects of the assignment or licence are limited to those rights expressly assigned or licensed, and for the time and territory agreed upon. Consequently, there will only be limits if such materials or designs are protected by copyright. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      There are no specific provisions to enforce or terminate a trademark license agreement under Dominican law. The general rules that would apply are those set forth by the parties in the agreement. In practice, the parties establish a period in order to remedy any breach.   

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Under Dominican law, a trademark might be considered “abandoned” when the same has not been used in the country for an uninterrupted period of three years. However, the National Office of Industrial Property will not cancel the “abandoned” trademark ex officio. In this regard, an interested party must initiate a non-use cancellation action.  

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. The DR-CAFTA, in article 15.11.27.b) establishes the limitations on liability for service providers. The safe harbours provided by the DR-CAFTA include: (i) transmitting, routing, or providing connections for material without modification of its content, or the intermediate and transient storage of such material in the course thereof; (ii) caching carried out through an automatic process; (iii) storage at the direction of a user of material residing on a system or network controlled or operated by or for the service provider; and (iv) referring or linking users to an on-line location by using information location tools, including hyperlinks and directories.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Our legislation does not recognise the “first sale” doctrine for purposes of limiting copyright enforcement. The limitations and exceptions to copyright are interpreted restrictively and cannot be applied in ways that conflict with the normal exploitation of the work or unreasonable prejudice of the interests of the titleholder.

      However, there are special situations in which it might be limited, such as: reproduction of a single copy of a literary or scientific work for personal use and for non-profit purposes; compulsory licences (granted by the stated); quoting authors; reproduction by reprographic means of articles or brief extracts; current events published by the press or broadcasted; reproduction of public daily news; public speeches, sermons and conferences; public libraries may reproduce a copy of protected works that are out of print; works permanently located on public streets or squares; lectures or talks; official texts (Constitution, laws, decrees, ordinances, regulations, agreements, judicial decisions, administrative instruments, etc); protected works or fragments when this is indispensable for the purposes of judicial or administrative proceedings; the author of an architectural design may not prevent the owner from making modifications to it; communications for educational purposes; communications made in the domestic environment; communications for sightless persons and persons with other physical disabilities; communications in commercial establishments. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      In the Dominican Republic, liability for copyright infringement extends to persons that order or arrange for the commission thereof, the legal representatives of legal persons, and all persons that, in the knowledge that an act is unlawful, take part in it, facilitate it or are complicit in it.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. Copyright includes the protection of databases or compilations of data or other material, machine-readable or any other form, which by reason of selection or arrangement of their contents constitute intellectual creations.

      Softwares are expressly excluded from industrial property protection.  

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. Industrial Property Law 20-00 states that the registration of a trademark confers upon its holder the right to act against any third party who uses the trademark in publicity, publications, documents, written or oral commercial communications without the holder’s consent.  

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Contradictory decisions have been issued by the Court of Appeals and the Supreme Administrative Court, where both courts have decided that the other has exclusive jurisdiction to hear the cases. The Supreme Court of Justice will have to decide which court has jurisdiction to hear these cases. In the meantime, patent holders run the risk of being denied justice if both courts understand they do not have jurisdiction to hear the cases.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The formalities that must be observed include: apostille, public filing, translation and recordation. The licence agreement or a certified copy of it has to be filed in original. Although recordation is not mandatory by law, it is advisable as the public filing makes it easier to oppose it to third parties. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. Law 172-13 on the Protection of Personal Data governs the collection, storage, safekeeping, use and right to access personal data. It was enacted with two main objectives: (i) the protection of personal data stored in archives, public registries, data banks or any other medium for storing data, whether public or private, as well as to guarantee the protection of an individual’s honor and privacy, and to facilitate access to such registered information; and, (ii) regulate the organisation, activities, functioning and extinction of credit bureaux, and the services they offer to the public, so as to guarantee the rights and privacy of the data owner.

      The provisions of said law apply to Credit Information Societies (credit bureaux).

      Failure to comply may result in civil penalties for the misuse of personal data.  In addition to a claim for damages due to a fault of a data collector, the law specifically provides for fines in an amount ranging from 10 to 50 minimum salaries.

      On the criminal side, while the Criminal Code of the Dominican Republic does not specifically sanction the misuse or loss of personal data, some commentators and courts have started to entertain the notion that such actions could be assimilated to “conversion” or other property thefts.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. It provides that sensitive data includes personal data revealing political opinions, religious, philosophical or moral beliefs, trade union membership and information concerning health or sex life. The storage of this information is illegal unless the person in question has expressly given consent. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. The application to operate as a Credit Information Society must be formalised before the Bank Superintendence, entity that will in turn process the application before the Monetary Board of the Central Bank of the Dominican Republic.  

      The Credit Information Society must file the following documents: (i) list of shareholders stating their participation and paid in capital; (ii) list of board members and officers along with their resume; (iii) incorporation documents – Mercantile Registry Certificate issued by the Chamber of Commerce and Tax Payer Registry Number issued by the General Directorate of Internal Revenue; (iv) list of the company’s accounts reflecting the paid in capital by each of the shareholders; (v) general operating program (computer systems, characteristics of the products and services that will be provided to users, policies for service performance, control and security measures, charter of organisation, contingency plans); and, (vi) any other information or document that the Bank Superintendency may request in writing.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      There are no specific provisions related to the use of cookies or similar tracking technology in the Dominican Republic. Nevertheless, the definition of Personal Data that Law 172-13 provides is broad enough to cover the information retrieved by the cookies or other tracking technology, so the treatment will be the same for its collection, storage and consent requirements. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. Law 172-13 provides that data controllers must comply with the duty of adopting an internal policy manual and procedures to ensure proper compliance with the law and in particular, to attend to consultations and claims by the data subjects. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. Law 172-13 defines consent as every manifestation of will, freely given, in an unequivocal, specific and informed manner, in which the data subject consents the treatment of personal data concerning the same. It establishes that the processing and transfer of personal data is unlawful when the owner of the data has not given their free, explicit and conscious consent, which shall be in writing or by other means to equate to it, according to circumstances. Such consent, provided by other kinds of statements, must appear expressed in an outstanding way, meaning a provable way.

      Furthermore, financial intermediaries, economic agents and other natural or legal persons who have engaged the services of information with the Credit Information Societies, before applying and obtaining a credit report, must obtain the data subject's express written consent authorizing that the database of the Credit Information Societies be consulted.  

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Law 172-13 provides for specific cases in which the international transfer of data is possible. Such cases include: (i) the data subject expressly consents to the data transfer freely and consciously or when the law allows it; (ii) medical data for treatment or epidemiological investigations; (iii) wire and trading transfers; (iv) when the data transfer has been agreed under international conventions or free trade agreements to which the Dominican Republic is a party to; (v) international cooperation between intelligence organisations; (vi) for the execution of contracts between the data subject and data controller; (vii) when it is legally required to safeguard public interest in judicial proceedings or requested by a tax or customs administration; (viii) to provide international judicial assistance; and (ix) upon the request of an international organisation with legitimate interest.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      The Dominican Constitution recognises the right to intimacy and personal honor as Constitutional in nature. Hence, the rules of Law 172-13 are a matter of public policy and are applied to every industry.  

      According to said law, private or public files, records and data banks intended to provide credit reports are subjected to the inspection and surveillance of the Bank Superintendency as a controlling body. It is the competent bodying in punishing infringements committed by the Credit Information Societies. 

      All other bodies that may collect personal data must respect the principles of professional confidentiality. However, the law provides that through sector agreements, administrative agreements or company decisions, those responsible in the treatment of information, can formulate codes of conduct which govern their functioning, procedures, security standards, obligations in the treatment of personal information, guarantees, scope, among others, for the exercise of the rights with regards to the principles and dispositions of Law 172-13.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Yes. Law 53-07 on High Technology Crimes and Offenses provides that when there is an infringement of the legal dispositions of Industrial Property Law 20-00 or of Copyright Law 65-00 committed through the use of, computer, telematics or telecommunications, or any of its components, electronic systems are punishable per the penalties provided for by the legislation for these unlawful acts.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      According to the Dominican Tax Code, income tax considerations apply for intellectual property on all gross earnings from income received by the transfer of trademarks, patent rights and other similar concepts. Said Tax Code also allows for deductions resource depletion of the tax cost of intangible assets, including patents, copyrights, drawings, models, contracts and franchises defined by a term limit, using the straight-line method.

      The Dominican Tax Code also allows for deductions, with the consent of the Tax Administration, of expenses incurred in or payments made in research and experimentations during the fiscal year, as current expenses. Such treatment must be consistently applied during the fiscal year and subsequent years, unless the Tax Administration authorises a different method for all or part of such expenses. 

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Industrial Property Law 20-00 contemplates the application of several articles regarding competition law; however these only refer to unfair competition in cases of infringement of intellectual property rights. Other figures such as abuse of a dominant position are not contemplated in said law.

      The Dominican Republic also has a separate legal framework, Competition Law 42-08. In general terms, this law prohibits concerted practices and horizontal anti-competitive agreements as well as abuse of dominant position, and unfair competition. (The appointment of the Executive Director is the only condition pending satisfaction prior to the Competition Law’s entry into force.)

      Law 42-08 defines agreements as any exchange of will expressed through a contract, either express or implied, written or oral, susceptible of aligning the competitive behavior of competing economic agents; it does not specifically refer to license agreements.

      The types of agreements that are banned by said law include: i) agreeing on prices, discounts, exceptional charges, other sales conditions and exchange of information with the same objective or effect; (ii) concerting or coordinating offers or the abstention in tenders, competitions and public offers; (iii) dividing or assigning segments or market share for goods and service stating time and space, suppliers and customers; (iv) limiting the production, distribution or marketing of goods; provision or frequency of services, regardless of the nature thereof; and, (v) eliminating competitors from the market or limiting their access to it because of their position as buyers or sellers of certain products. Consequently, any agreement (including license agreements) would be subjected to the provisions of said law, as they may be deemed null and void. 

      Furthermore, the following conducts are understood as abuse of dominant position: (i) subordinating the decision o sell to the fact that the buyer refrain from buying or distributing products or services of other competitors; (ii) when supplier imposes prices and other sale conditions to its resellers, with no commercial reason to justify it; (iii) sale or other conditioned transaction to acquiring or providing other goods or additional services, different from the first; (iv) the sale or other transaction subject to the condition of not hiring services, acquiring, selling or providing produced goods, distributed or marketed by a third party; (v) refusal to sell or provide, to a certain economic agent, goods and services that are normally available to third parties; and, (vi) applying unequal conditions for equivalent transactions, which places some competitors at disadvantage when compared to others, without there being any commercial reason to justify it.   

      There is no restrictive licensing under Dominican law. In addition, there is no regulation similar to the EU’s Technology Transfer Block Exemption Regulation.

      Last verified on Friday 3rd March 2017

    • Dominican Republic

      Law 141-15 on Restructuring and Liquidation of Companies and Business Persons establishes mechanisms and proceedings to protect creditors in cases of financial difficulty of their debtors by allowing the latter to remain in operation and overcome the economic difficulties that prevent them from complying with previously undertaken obligations, thus achieving business continuity of companies and business persons.

      According to said law, in the event of a temporal lack of liquidity or cessation of payments, a debtor can restructure its operations and continue operating, facilitating the preservation of assets in favour of the creditors recognised by the debtor. The restructuring of the debtor must be requested before the court through a petition. Said petition must include a detailed account of current contracts to which it is a party to (including all accounts receivables and accounts payables). 

      In cases of restructuring filings, said law provides that it is not within the contractual freedom of the parties to automatically terminate contracts. Article 90 provides that in spite of any contractual clause, termination is not possible if it results from the mere fact of accepting to request for a restructuring.

      The creditor must meet its obligations under the contract. It is the court- appointed conciliator who will provide the court with a list of all existing contracts (including licenses), recommending the termination or continuation of them. The court will decide and notify the decision to the parties.

      If the process reaches liquidation, the same principle would apply; the liquidator would have such control.  

      Last verified on Friday 3rd March 2017

Latin Lawyer gives you a fantastic platform to promote your legal expertise to our extensive readership base

Become an author

Contributing editors

Authors