Industrial Property in the Dominican Republic: Twenty Years of Law 20-00

Twenty years later, Law 20-00 on Industrial Property stands out for the notable modernization, unification and harmonization it meant for the country. While industrial property rights were recognized as early as the 1854 Constitution, and were further backed by Law No. 4994 on Patents in 1911 and Law 1450 on Trademarks in 1933, Law 20-00 marks a true "before" and "after" for protection of industrial property in the Dominican Republic, bringing about many new protection measures: 

It created the National Office of Industrial Property (Oficina Nacional de la Propiedad Industrial - ONAPI) as the unified agency responsible for granting, maintaining and keeping up-to-date records of the different modalities of industrial property.

It provided for the registration of patents, utility models, copyrights for industrial, designs and distinctive proprietary symbols, the registration of commercial names and product trademarks and the registration of service and collective marks and certification.

It required an examination of the merits before registration to verify that the symbols and patents are eligible for registration pursuant to the parameters of respect for public order and protection of the rights of third parties.

It adopted the international classification of products and services for the registration of trademarks from the Nice Agreement reached on 15 June 1957 and frequently amended.

It created a framework for sanctions for crimes against industrial property rights.

Another major benefit of Law No. 20-00 was the inclusion of harmonization with the provisions established in international agreements, administered by the World Industrial Property Organization (WIPO, or Organización Mundial de la Propiedad Industrial - OMPI), of which the Dominican Republic is a member. This has to do with local legislation on Industrial Property matters, especially TRIPS (Trade-Related Aspects of Intellectual Property Rights or Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio - ADPIC) agreement which led to the change in regulations to ensure the minimum protection established in the other signatory countries.

There can be no doubt, twenty years after the application of Law No. 20-00, of the dramatic development of industrial property law. Now, the Dominican Republic has proper legislation for effective protection of industrial property rights by way of the consolidation of measures in this critical field of law.

Rossibeth Ramirez
Ulises Cabrera