Dominican Today

October 30 2006

Dominican trade agreement with U.S. contemplates extending patents by 3 years

Santo Domingo.— Legislation proposed for implementing the Free Trade Agreement with Central America and the United States (DR-CAFTA), presented to the Congress by the central government, contemplates a three-year extension beyond the 20 currently in force, for invention patents protection established in the Industrial Property law 20-00.

The bill would revise articles 27 and 30 of the Property law, which would, among other issues, establish a limited extension of patents for a maximum of three years, after proper evaluation.

These modifications exclude esthetics creations, discovery of existing natural items scientific theories and mathematical methodologies, among others.

The variation would also fix a penalty for infringement of trademarks rights ranging between RD$15,000 and RD$1.5 million, to be determined by a judge.

The proposed legislation would also enforce non-disclosure of information relative to new pharma or agro-chemical products.

On copyrights, damages legally claimed would be granted compensations ranging between RD$20,000 and RD$2 million.