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Dominican Republic Signs Double Taxation Treaty with Spain, But Ratification Remains Pending

Overview

The Dominican Republic has signed a double taxation treaty with Spain, but the agreement still needs to be ratified by the National Congress before it can take effect. This treaty aims to promote economic cooperation and investment between the two countries.

Unilateral Conduct

In the Dominican Republic, the Constitution prohibits monopolies, except when in favor of the state. The Competition Law regulates the abuse of a dominant position in the market, prohibiting practices that impose unjustified barriers in local markets or abuse dominant positions.

  • Dominant position does not necessarily constitute a violation
  • Regulations are in place for certain industries such as telecommunications, electricity, and the monetary and financial sectors

Mergers and Acquisitions

Mergers and acquisitions are not subject to merger control in the Dominican Republic. However, all agreements between economic agents that aim to impose unjustified barriers in local markets or abuse dominant positions are prohibited under the Competition Law.

Intellectual Property Rights

The country has a range of intellectual property rights, including:

  • Patents
  • Trademarks
  • Registered designs
  • Copyright

To be protected, these rights must be registered at the National Office of Industrial Property.

Patents

  • Novelty: The invention must be new and not have been previously patented or described in public domain
  • Inventive step: The invention must involve an inventive step that is not obvious to a person with average skill in the relevant field
  • Industrial application: The invention must be capable of industrial application
  • Protection lasts up to 20 years from the date of filing the application
  • Breaching a patent can result in imprisonment and fines

Trade Marks

  • Distinctiveness: A trade mark must be distinctive and not create confusion regarding the services and products it represents
  • Protection lasts indefinitely, renewable every 10 years
  • Trade mark rights are enforced through criminal or civil action before the relevant court

Registered Designs

  • Novelty: The design must be new and not have been previously disclosed to the public anywhere in the world
  • Protection lasts for five years, with the option to renew for two additional five-year periods
  • Automatic protection: Copyright arises automatically on creation of a work and does not require registration
  • Protection lasts for the life of the author plus 50 years following death
  • The right holder can use the civil, criminal or administrative legal process to enforce their rights

Marketing Agreements

The country has laws regulating:

Agency

  • Law 173 regulates contractual relations between parties involved in agency agreements
  • This law protects local agents from untimely termination or breach of contract by providing compensation in such cases

Distribution

  • Distribution agreements are regulated in the same way as agency agreements under Law 173

Franchising

  • Franchising is regulated by Law No. 20-00, which requires contracts to be in writing and registered at the National Office of Industrial Property

E-commerce

  • The Electronic Commerce, Documents and Digital Signatures Law regulates all commercial relationships using data messages or other similar methods
  • Decree No. 335-03 enacts regulations for application
  • The General Law of Telecommunications also plays a role in regulating e-commerce