Legislative Implementation of Flexibilities - Dominican Republic

Title:	Article 33 of the Industrial Property Law No. 20-00 of 08/05/2000
Field of IP:	Patents
Type of flexibility:	Ex-officio IP office control of anti-competitive clauses in licensing agreements
Summary table:

Provisions of Law

Article 33

Contractual licenses

1) The holder or applicant of a patent may grant to third parties one or more licenses for exploitation of the invention that is the object of the patent or application.

2) Every contract for a license to exploit an invention must be confirmed in writing and recorded in the General Agency for Industrial Property. The license will have legal effect for third parties only after being recorded. The established fee shall be paid for the recording.

3) In the absence of a stipulation to the contrary in the contract for an exploitation license, the following standards are applicable:

a) the license covers all acts indicated in Article 29, numeral 1), during the entire life of the patent, in all of the territory of this country and with regard to any application of the invention.

b) the licensee cannot assign the license or grant sublicenses.

c) the license is not exclusive and the licensor can give other licenses for the exploitation of the patent in this country, and as well may himself or herself exploit the patent in this country.

d) When the license is granted as exclusive, the licensor can neither give other licenses for the exploitation of the patent in this country nor himself or herself exploit the patent in this country.

4) Licensing contracts must not contain restrictive commercial clauses affecting the production, marketing or technological development of the licensee and restricting competition, such as exclusive conditions for reciprocity, those which prevent challenge to validity, and those which impose compulsory joint licenses, or any other conduct which is anti-competitive or restrictive to competition.