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INDUSTRIAL AND INTELLECTUAL PROPERTY LAW

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.

  • Free Trade Agreement Consulting – Dominican Republic, Central American and United States Free Trade Agreement (DR-CAFTA) (read more)

  • Private Label Agreements

  • Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in business.

  • Copyrights protect work of authorship, such as writings, music, and works of art that have been tangibly expressed. The Library of Congress registers copyrights which last for the life of the author plus 70 years.

  • Patents is a property right granted by the Government of the Dominican Republic to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the Dominican Republic or importing the invention into the Dominican Republic” for a limited time in exchange for public disclosure of the invention when the patent is granted.

  • Licensing gives permission to use an intellectual property right within a defined time, context, market line, or territory. A trademark or service mark can be validly licensed only if the licensor controls the nature and quality of the goods or services sold by the licensee under the licensed mark.

  • Franchising is a business relationship in which the franchisor (the owner of the business providing the product or service) assigns to independent people (the franchisees) the right to market and distribute the franchisor’s goods or service, and to use the business name for a fixed period of time. The International Franchise Association defines franchising as a continuing relationship in which the franchisor provides a licensed privilege to do business, plus assistance in organising training, merchandising and management in return for a consideration from the franchisee.

  • E-Commerce has a broad practice area that can include issues pertaining to patents, copyrights and trademarks, as well as licensing, jurisdictional and commercial law issues.


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