République dominicaine

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Law No. 2­07 amending Art. 189 of Law No. 65­00 on Copyright, which was

subsequently amended by Art. 4 of Law No. 493­06

THE NATIONAL CONGRESS

On behalf of the Republic

Law No. 2­07

Courtesy translation provided by WIPO © 2012

WHEREAS, FIRST, on September 9, 2005, the Executive passed Resolution No. 357­

05 of September 6, 2005, of the National Congress, by which the Dominican Republic­

Central America­United States Free Trade Agreement (CAFTA­DR), hereinafter referred

to as "the Agreement", signed by the Executive on August 5, 2004, was ratified,

WHEREAS, SECOND, it is necessary to improve the protection of industrial property

rights and to strengthen the procedures for observance of those rights, while maintaining

an appropriate balance between the rights of right holders and users of the industrial

property system that fosters the country's social and economic and technological

development,

WHEREAS, THIRD, Law No. 65­00 on Copyright of August 21, 2000, sets out the

general principles that protect the rights of the creators of literary and artistic works and

of the literary or artistic form of scientific works as human rights, in accordance with the

provisions of Article 8, paragraph 14, of the Constitution of the Dominican Republic, and

the rights of performers, producers of phonograms and broadcasting organizations,

WHEREAS, FOURTH, it is necessary to amend Law No. 493­06 of December 22,

2006, which amends certain articles of Law No. 424­06 on Implementation of the

Dominican Republic­Central America­United States Free Trade Agreement (CAFTA­

DR) of November 20, 2006, owing to material omissions,

HAVING REGARD TO Resolution No. 357­05 of September 9, 2005, by which

CAFTA­DR was approved,

HAVING REGARD TO the Dominican Republic­Central America­United States Free

Trade Agreement, set out in Official Gazette No. 10336 of September 13, 2005,

HAVING REGARD TO Law No. 20­00 of May 8, 2000, on Industrial Property,

HAVING REGARD TO Law No. 65­00 of August 21, 2000, on Copyright,

HAVING REGARD TO Law No. 493­06 on Implementation of the Dominican

Republic­Central America­United States Free Trade Agreement (CAFTA­DR) of

December 22, 2006,

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THE FOLLOWING LAW HAS BEEN PASSED:

SOLE ARTICLE. – Article 4 of Law No. 493­06 of December 22, 2006,

amending Article 189 of Law No. 65­00 on Copyright, is hereby amended to read as

follows:

"Article 189. – Any person that, without authority and knowing or, with respect

to civil remedies, having reasonable grounds to know, that it could induce, enable,

facilitate or conceal an infringement of copyright or a related right:

(a) removes or alters any rights management information;

(b) distributes or imports for distribution rights management information,

knowing that that rights management information has been removed or altered without

authority; or

(c) distributes, imports for distribution, broadcasts, communicates or makes

available to the public copies of a work, performance or phonogram, knowing that rights

management information has been removed or altered without authority;

shall be liable and subject to the remedies provided for in Chapter IV.

Paragraph I. – Exceptions to the activities prohibited under the present Article

shall be limited to lawfully authorized activities carried out by government employees,

agents or contractors for law enforcement, intelligence, national defense, essential

security or similar governmental purposes in connection with rights management

information."

DONE at the Meeting Hall of the Chamber of Deputies, Palace of the National

Congress, in Santo Domingo de Guzmán, National District, capital of the Dominican

Republic, on December 26, 2006, the 163rd year of Independence and the 144th year of

the Restoration.

Julio César Valentín Jiminián

President

María Cleofia Sánchez Lora

Secretary

Teodoro Ursino Reyes

Secretary

DONE at the Meeting Hall of the Senate, Palace of the National Congress, in

Santo Domingo de Guzmán, National District, capital of the Dominican Republic, on

December 30, 2006, the 163rd year of Independence and the 144th year of the

Restoration.

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Reinaldo Pared Pérez

President

Amarilis Santana Cedano

Secretary

Diego Aquino Acosta Rojas

Secretary

LEONEL FERNANDEZ

President of the Dominican Republic

In exercise of the powers conferred on me by Article 55 of the Constitution of the

Republic,

I hereby ENACT the present Law and order it to be published in the Official Gazette so

as to make it known and ensure compliance therewith.

DONE at Santo Domingo de Guzmán, capital of the Dominican Republic, on January 8,

2007, the 163rd year of Independence and the 144th year of the Restoration.

LEONEL FERNANDEZ