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Dominican Republic

Rising enforcement efforts show an increasing concern for IP rights in the Caribbean

Recent efforts by US Customs and Border Protection, the Jamaica Constabulary Force and INTERPOL are a stark warning to counterfeiters in the region – particularly where fake goods are linked to organised crime and terrorism.

Rising enforcement efforts show an increasing concern for IP rights in the Caribbean
Five counterfeit hotspots you should be aware of in the Dominican Republic
17 Jul 2019

Five counterfeit hotspots you should be aware of in the Dominican Republic

In a new regular series, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. This week, we focus on hotspots in the Dominican Republic.

Where did it all go wrong in the WTO plain packaging dispute?
10 Sep 2018

Where did it all go wrong in the WTO plain packaging dispute?

The World Trade Organisation’s panel report in the cases brought against Australia’s plain packaging regime is difficult reading – and some of its key arguments are without merit.

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25 Sep 2020

GATORADE: first trademark to be recognised as notorious in Dominican Republic

Based on a large amount of evidence submitted by Stokely-Van Camp Inc, the Distinctive Signs Department of ONAPI has declared that the trademark GATORADE was notorious for sports beverages and water consumed during sports activities in Class 32. Read more

23 Sep 2020

Island hopping in the Caribbean: the latest developments across a complex region

With no unified trademark system and a rich landscape of languages and practices, the Caribbean is a highly nuanced terrain with some potential pitfalls that brand owners and practitioners must navigate. Read more

11 Aug 2020

‘Dominican rum’ registered as denomination of origin

Six years after the Dominican Association of Producers of Rum first applied for the ‘Dominican rum’ denomination of origin, the National Industrial Property Office has finally granted the application. The denomination of origin has caused controversy, with certain rum producers opposing the application. Read more

2 Jan 2020

Twenty counterfeiting hotspots to be aware of in Latin America

Although Asia is often seen as the centre of global counterfeiting activity, sales of fake goods are rising across Latin America. We present 20 markets in the region that are particularly problematic for brand owners. Read more

Anti-Counterfeiting

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5 Sep 2014

Dominican Customs destroys almost 50,000 counterfeit articles

The customs authorities of the Dominican Republic have recently destroyed 45,986 counterfeit articles bearing the famous trademarks LOUIS VUITTON, CHANEL and LACOSTE. The articles were seized over a period of three years thanks to customs surveillance.

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Brand management

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2 Jul 2018

INTA “extremely disappointed” with WTO plain packaging ruling, considering next steps

In a landmark ruling, the World Trade Organisation has upheld Australia’s tobacco plain packaging regime as being consistent with its trade obligations. The response has been mixed, with INTA voicing its disappointment and confirmed it is regrouping on the issue.

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Enforcement and Litigation

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26 May 2016

Dominican Republic certifies more products with PDOs

The National Office of Industrial Property has certified an increasing number of Dominican products with a protected denomination of origin.

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21 Mar 2016

Dominican Republic goes on anti-plain packaging PR offensive; aims to tell 'untold story'

The government of the Dominican Republic invited a small group of journalists to the country last week in an attempt to highlight what it feels are the as-yet ignored negative effects of plain packaging legislation. While officials expressed confidence that the World Trade Organisation will rule against Australia’s plain packaging regime, the government has clearly decided that public opinion matters as much as legal.

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4 Mar 2016

Dominican Republic “enters the twilight zone” as national trademark office sues Appeal Court

<i>World Trademark Review</i> has learned of an unprecedented move by the Dominican Republic trademark office (ONAPI), which has filed suit against the country’s own Court of Appeal after it overturned an ONAPI decision regarding the registration of a trademark.

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26 Nov 2015

ADOPI asks Supreme Court to resolve conflict of jurisdiction

The Dominican Association of Intellectual Property has asked the Supreme Court to resolve a conflict of jurisdiction created by the interpretation of the 2010 Constitution. The association wants the Supreme Court to clarify which court has jurisdiction to hear appeals from ONAPI decisions. It is concerned that it might no longer be possible to appeal such decisions to the Civil and Commercial Court of Appeals, which has become specialised in trademark matters over the years.

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Portfolio Management

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24 Apr 2018

Blow for Crocs: 3D mark representing famous clogs declared invalid

The Dominican Republic's Patent and Trademark Office has ordered the cancellation of a 3D trademark representing Crocs Inc's famous clog shoe, as the mark was considered to be functional.  

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Trademark law

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7 Sep 2015

Application for recognition of 'Dominican rum' as denomination of origin under review

The National Office of Industrial Property of the Dominican Republic is reviewing a formal request for the recognition of 'Dominican rum' as a denomination of origin. Recognition by the national authorities is the first step before further evaluation and recognition in other parts of the world. The Dominican Association of Rum Producers fears that the lack of protection for Dominican rum could lead to unfair competition and threaten the 'Dominican rum' brand.

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Gloria Q Wu
Partner
Beijing, China
Kangxin Partners, PC
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