do business in the Dominican Republic - Pellerano & Herrera

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DOING BUSINESS INTHE DOMINICAN REPUBLICnature, activities or any other aspect related to the company or establishmentassociated thereto, or to its products or services.Registration is not mandatory, and provides for a presumption that its holder haslegitimately adopted and used the trade name.The registration procedure is similarto the one established for the registration of trademarks. Registration is grantedfor a renewable period of ten years, but for appellations of origin registrationis indefinite.d) CostsONAPI has fixed the fees related to the recognition and exercise of industrialproperty rights, as mandated in Law 20-00.114COPYRIGHT: LAW 65-00Article 8 of the Dominican Constitution establishes as a basic human right therecognition and protection of ownership rights over scientific, artistic and literaryworks. Copyrights protection had been ensured by Law 32-86 on IntellectualProperty Rights,which was at the time a modern legislation that complied with themandates of the Universal Convention on Intellectual Property Rights,to which theDominican Republic is a member. Law 32-86 granted protection to all kinds of creativework, and provided for their registration with the National Office ofCopyright (ONDA), which was entitled to take any measures to ensure the protectionof intellectual property rights in the Dominican Republic.However, the protection granted by this legislation was not effective enough toensure an adequate protection of intellectual rights, and the Dominican Republicwas facing a lot of international pressure to put into force appropriate tools to fightpiracy.Furthermore, upon becoming a member of the WTO, the country had to conformits national legislation to the provisions of the TRIPS agreement.On 21 August 2000 a new Law on Copyright No. 65-00 was passed.The main purposeof this legislation is to provide a legal and institutional framework that conformsto the TRIPS agreement, and ensures a comprehensive protection of holdersof intellectual property rights in the Dominican Republic while taking into accountthe best national interest. Presidential Decree No. 362-01 of 14 March 2001 containsthe application regulations of Law 65-00.Furthermore,the country has ratified the following international treaties in the area:1886 Bern Convention on Protection of Literary and Artistic Works1952 Universal Convention on Copyright.1961 Rome Convention on Protection of Performers,Producers of Phonogramsand Radiobroadcasting.1996 WIPO Copyright Treaty and WIPO Performance and Phonogram Treaty.a) Protected WorksLaw 65-00 protects any original intellectual creation,whether literary,artistic or scientific,that may be fixed, transmitted or copied by any existing or future printing,
Pellerano & HerreraAttorneys at law115reproduction or divulgation methods. It also protects independent creations derivingfrom original works, such as those resulting from adapting, translating or in anyother manner transforming the original work.Law 65-00 provides a non-limitative list of protected works, such as writtenworks (books, prospects, magazines, etc.), conferences and speeches, dramaticand musical plays, works of choreography and pantomime, musical compositions,audiovisual works, drawings paintings, architectural, sculpture, carvingand other artistic works, photographs, applied arts, maps, illustrations and plasticworks related to geography or other sciences, computer programs and databases.Furthermore,Law 65-00 protects,and regulates the exercise of related or neighbouringrights, in order to fight effectively the illegal retransmission of TV programsand the unlawful reproduction of music productions that was one of themain gaps under our previous legislation. Related rights are granted to performingartists for their performances, phonogram producers for their recordings,and broadcasters (including original broadcasts by way of cable, opticalfibre or other) for their radio and television programs.Law 65-00 protects works from authors having Dominican nationality or residingin the country, or who are nationals or residents of countries belonging to theinternational treaties ratified by the Dominican Republic, as well as works whosefirst publication has been made in the country (or in a member country of ratifiedinternational treaties) or that have been published here (or in a membercountry of ratified international treaties) thirty days after their first publication.In the absence of international treaties, protection will still be granted to foreignworks, but subject to reciprocity.b) Content of CopyrightAuthors are the original holders of intellectual property rights over their creations.Any rights granted thereafter to other parties, by virtue of law or contract, have aderivative nature.Authors have both moral and economic rights over their creations. Moral rightsentitle authors to the following:To get the credit for their creation,To object to any changes that may affect the merit of their creation,Not to publish their creation or maintain it anonymous, andTo take their creation out of circulation provided they have compensated anydamages arising therefrom.Moral rights are inherent to authors themselves. After their death, these rights(apart from the right to take the creation out of circulation) pass on to their heirs,or to the State in the absence of legal heirs.Economic rights allow authors to exploit their creation through any existing orfuture means of utilisation, publication, divulgation, copying or distribution, and togrant licenses to other parties for such purposes. Means of utilisation are independentfrom each other, and authors may thus assign their copyrights separately
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FOREWORDA place to invest ...The Do
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INTERNATIONALTRADEInternational tra
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MAININVESTMENTSECTORSThe Dominican
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