Dominican Republic aims to Host Copyright Arbitration Center

By Guzmán Ariza, Attorneys at Law

The Dominican Republic's National Copyright Office (ONDA) is working with the World Intellectual Property Organization (WIPO) towards hosting a copyright arbitration center in the country.

ONDA Officials are currently undergoing training with the WIPO to acquire the necessary skills for operating an arbitration center. The establishment of this center aims to expedite the resolution of copyright disputes by providing a more efficient and specialized process, ultimately fostering legal certainty for all parties involved.

Parties can use arbitration to resolve different types of disputes in the digital environment:

-negotiation of licensing agreements for content distribution;

-adjustment of existing licensing terms on the remuneration owed from online platforms to right holders;

-breach of licensing terms;

-determination of tariffs, in particular between collective management organizations (CMOs) and right holders, and/or reasonable remuneration terms;

-establishing ownership of unpaid/unclaimed royalties;

-establishing ownership of software improvements or updates;

-delivery and quality of works and/or content in film co-production or advertising agreements; and

-if copyright exceptions or limitations are applicable when uploading and making available content.

One of the topics that the Dominican Republic plans to cover is online copyright piracy. Vibrant creative industries like music, film and television, face a high level of copyright infringement, preventing them from fully benefiting from the possibilities of the digital economy. In such a dynamic economic situation, protecting IPRs in the digital environment represents an important policy objective and a practical challenge.

Currently WIPO’s Committee on Development and Intellectual Property (CDIP) is analyzing a project of assisting countries in effectively addressing online copyright infringement by examining potential enhancements of the regulatory framework, exchanging good practices, adopting cost-effective technical tools, conducting capacity-building activities, and providing customized technical assistance.

Another matter under discussion of ONDA is the dissemination of copyright works in the public domain. Such an initiative would prove advantageous for small enterprises, as it would enable them to reduce expenses associated with obtaining licenses for works already in the public domain, in contrast to those still protected by copyright.

The publication of works in the public domain would additionally serve as a valuable asset for small businesses, granting them access to a broader selection of works without the need for licensing fees. The Dominican Republic aims to promote a fairer competitive landscape by affording small businesses equal opportunities to incorporate copyrighted works into their products and services, akin to larger enterprises.

The WIPO currently has an Arbitration and Mediation Center that collaborates with intellectual property and Alternative Dispute Resolution (ADR) stakeholders to raise awareness of the advantages of ADR methods to prevent and resolve IP and technology disputes. It provides ADR procedures to help parties resolve disputes related to copyright and content in the digital environment. These procedures include Arbitration. The Center currently collaborates with IP and Copyright National Offices and National Courts.

The main characteristics of WIPO ADR procedures are:

-Time-efficient: The WIPO Rules provide for short time limits for resolving disputes;

-Cost-efficient: WIPO ADR is designed to control the cost of the procedure;

-Online conduct of procedures: WIPO ADR proceedings can be held remotely (by videoconference or using online tools) and documents can be filed by electronic means;

-Tailor-made and flexible procedures: Proceedings, in particular mediation, are driven by the parties, making them suit the parties’ needs; and

-Specialized neutrals: Parties can appoint neutrals experts in the area of dispute.