Intellectual Property in the Dominican Republic: Legal guide to protecting Trademarks, Patents, and Copyrights

This article provides a comprehensive overview of the legal framework governing intellectual property in the Dominican Republic, aimed at guiding entrepreneurs, creators, and businesses—both local and international—on how to effectively protect their intangible assets. It outlines the main protection mechanisms available, details the registration process before the National Office of Industrial Property (ONAPI), explains the duration of the rights granted, and identifies the competent authorities in this field.

 

Introduction

Intellectual property is a fundamental pillar for innovation, creativity, and economic development. In the Dominican Republic, the legal framework provides effective tools to safeguard the rights of those who create, invent, or develop distinctive signs.

This practical guide offers a general overview of the country’s intellectual property legal system, including the types of protection available, registration procedures, duration of rights, and the authorities responsible. It also aims to promote understanding of the legal framework and foster a culture of protection and innovation in the country.

 

Legal Framework and Competent Authorities

The Dominican Republic’s intellectual property system is primarily governed by Law No. 20-00 on Industrial Property and Law No. 65-00 on Copyright. The country is also a party to various international treaties, such as the Paris Convention, the Patent Cooperation Treaty (PCT), the TRIPS Agreement, the Trademark Law Treaty (TLT), and the Berne Convention for the Protection of Literary and Artistic Works.

The authority responsible for administering industrial property rights is the National Office of Industrial Property (ONAPI), while ONDA (National Copyright Office) oversees matters related to copyright and related rights.

Types of Protection

The Dominican legal system recognizes several legal mechanisms to safeguard intellectual property rights:

• Trademarks: Protect signs that identify goods or services.
• Invention Patents: Grant exclusive rights to inventions that meet novelty, inventiveness, and industrial applicability.
• Utility Models: Protect inventions of lesser technical complexity that offer functional improvements.
• Industrial Designs: Protect the aesthetic appearance of products.
• Copyright: Protect literary, artistic, and scientific works, including software, music, books, and other original creations.

 

Trademarks

What is a Trademark?

A trademark is any sign or combination of signs that distinguishes a company’s goods or services from those of others (Article 70 of Law 20-00). It may consist of words, symbols, logos, letters, numbers, three-dimensional shapes, color combinations, sounds, or scents.

In Dominican legislation, trademarks are classified into various categories depending on how they are represented and the distinctive element they possess:

• Word marks: Composed solely of words, letters, or numbers, without graphic elements (e.g., “LUMONA”).
• Figurative marks: Composed exclusively of images, logos, or symbols without verbal elements.
• Mixed marks: Combine verbal and graphic elements (e.g., words accompanied by logos or designs).
• Three-Dimensional Marks: Protect the three-dimensional shape or packaging of a product, provided it is distinctive (e.g., the shape of a bottle).
• Non-Traditional Marks: Include less conventional signs that can be protected if distinctive and graphically representable. Examples include:
  • Sound marks (e.g., jingles);
  • Scent marks;
  • Position, motion, and holographic marks, among others.

Trademark Registration Process

1. Prior search (optional);
2. Filing of application before ONAPI;
3. Formal and substantive examination by ONAPI examiners;
4. Publication for opposition (45 days);
5. Issuance of registration certificate if no opposition arises or it is resolved favorably.

Duration

Trademark registration is valid for 10 years, renewable indefinitely for equal periods.

Invention Patents

What is a Patent?

A patent grants exclusive rights to an invention, defined as any idea or creation of the human intellect that can be transformed into a new product or process. To be patentable under Law No. 20-00 on Industrial Property, the invention must meet the requirements of:
(i) novelty, (ii) inventive step, and (iii) industrial applicability.

Types of Protection:

• Invention Patents
• Utility Models
• Industrial Designs

Registration Process

1. Filing the application with ONAPI
2. Formal examination
3. First publication – Application is published
4. Substantive examination
5. Grant or denial
   • If granted, the second publication fee (Grant Publication) must be paid
   • If denied, administrative remedies are available (appeal or reconsideration) to defend the registrability of the application
6. Issuance of Registration Certificate

Duration

• Invention Patents: 20 years from the application date, non-renewable
• Utility Models: 15 years from the application date, non-renewable
• Industrial Designs: 5 years, renewable up to a maximum of 15 years

1. Copyright

What is Protected?

Law No. 65-00 on Copyright protects literary, artistic, and scientific works, including, among others: books, musical compositions, paintings, computer programs, films, databases, and dramatic works.

About Registration

In the Dominican Republic, copyright is automatically conferred upon the creation of an original work, without the need for prior registration. This means the author acquires exclusive rights—such as reproduction, distribution, public communication, and transformation—as soon as the work is fixed in a tangible or digital medium.

However, although registration is not mandatory for legal protection, it is recommended. Voluntary registration before ONDA serves an important evidentiary function, as it provides proof of authorship and the date of creation in the event of legal disputes. It also facilitates rights management and legal enforcement.

Therefore, while copyright arises automatically with creation, registering a work strengthens the legal position of the rights holder, provides greater security, and facilitates recognition before third parties.

Duration

• Economic Rights: Last for the author’s lifetime and 70 years after death
• Moral Rights: Are perpetual, inalienable, imprescriptible, and unrenounceable

1. Final Remarks

Having an effective intellectual property protection strategy is essential to safeguarding the intangible assets of any business, entrepreneur, or creator. Intellectual property not only protects ideas, trademarks, inventions, and creative works, but also transforms them into valuable commercial assets capable of generating competitive advantage and growth opportunities.

Registering these rights grants exclusivity of use, which is critical to prevent imitation, misappropriation, or unauthorized use. It also facilitates commercialization through licensing or assignment, allowing creators to monetize innovation.

In an increasingly globalized and digital world, effective management of intellectual property rights is no longer a luxury but a strategic necessity for anyone aiming to build and sustain market presence. From branding to technological development to artistic creation, protecting our ideas is protecting our future.

References:

• Law No. 20-00 on Industrial Property
• Law No. 65-00 on Copyright