New developments regarding the IPR regime

By Guzmán Ariza, Attorneys at Law

The fifth review of the trade policies and practices of the Dominican Republic took place on 24 and 26 January 2023. The basis for the review was a report by the World Trade Organization (WTO) Secretariat.

The report highlighted that the Dominican Republic accepted the Protocol amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and that the country is also party to the Information Technology Agreement (ITA).

During the review period (2015-22), three WIPO treaties entered into force for the Dominican Republic: in 2018, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled; and, in 2020, the Lisbon Agreement for the protection of appellations of origin and their international registration and the Beijing Treaty on Audiovisual Performances. At the time of writing (June 2022), 11 treaties administered by WIPO were in force in the Dominican Republic and the country also acceded to the International Convention for the Protection of New Varieties of Plants.

During the review, some WTO Members positively welcomed new developments regarding the IPR regime; however, concerns remained regarding the patent review and approval process and piracy.

Members also noted that there had been significant changes in the Dominican Republic's customs regime, as new customs legislation had been issued to modernize and simplify customs regimes and procedures, to facilitate trade including electronic declarations and provisions on advance rulings. In this context, Members congratulated the Dominican Republic for recently adopting regulations to fully implement this law. In addition, Members welcomed that, despite the current economic difficulties, tariffs had remained relatively low, with an average MFN rate of 7.8% in 2021, the same as in 2014; some 54% of tariff lines are zero‑rated.

“The fifth Trade Policy Review of the Dominican Republic was an excellent opportunity to get a clearer understanding of the country's main developments, achievements and challenges in its trade and investment policies since the previous Review in 2015,” the WTO stated. “The Dominican Republic's trade policy regime had remained in general open and transparent, with few obstacles,” it added.