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Custom Recordal of IPRs in Dominica

Dominica

Custom Recordal of IPRs
Kindly note that the procedure for Customs Recordal is not as formalized in Dominica as may be found in other countries; however, a rough framework prevails to provide for the bare minimum border measures.
Yes
Yes
Yes
The Copyright act 2003 (Act 5 of 2003) forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Dominica.
The procedure for recording intellectual property rights with the customs authority is effective only on imports.
It is the role of the customs department to intercept infringing goods being imported within the jurisdiction of Dominica. To ensure the same, it plays the role of prompting supervision of such goods being notified against after making a final opinion to prevent any harm to the consumer or the IP rights holder.
As per section 99 of the aforementioned Act, where the owner has reasonable grounds to believe that a pirated copy of his work is being imported, or is about to be imported into Dominica, he may, by a written notice to the Comptroller, notify the Comptroller and request him to detain any such pirated copy as may come into the control or custody of Customs.
The written notice should:-
(a) Contain such particulars, as may be prescribed, in support of the claim that the item is a pirated copy; and
(b) Specify the period for which the notice shall be in force, which should:
(i) Not be longer than 05 years from the date of the notice; or
(ii) Where the copyright in the work to which the notice relates will expire within the 05 year period referred to in paragraph (a), not be longer than the period for which the copyright will last.
No
The Comptroller shall, in relation to any notice given:
(a) Accept the notice if it complies with the requirements of this section and any regulations made hereunder; or
(b) Reject the notice if it does not so comply; and
(c) Within a reasonable period of receiving the notice, advise the claimant whether he has accepted or rejected the notice.
Yes, the customs authority has a centralized system.
No, there is no online system of recording intellectual property rights with the customs authority. Rather, a written notice to the comptroller notifying him is to be made to retain the goods.
The term of the notice shall be for a period of 05 years unless where the copyright in the work expires within the period of 05 years. However, a notice accepted under this section shall remain in force for the period specified in the notice unless:
(a) It is revoked by the claimant in writing; or
(b) The Court orders the notice to be discharged in proceedings under section 102.
Yes
If the customs authority acting in furtherance of the notice made by the IP rights holder finds that a certain merchandise of imported goods may constitute an act of infringement due to the nature of such merchandise, it may suspend the clearance of the goods.
The applicant must bear the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
N/A
No
N/A
No
N/A
If the goods detained or seized are suspected of being infringing in nature, the customs authority, especially the Comptroller, conducts an investigation pursuant to which he may require the interested party to produce further documents as he may specify. Also, the Comptroller then, within a reasonable time of forming an opinion, makes a determination as to whether or not the item appears to be pirated or not and notifies the same to the claimant in the writing of his detention. In such proceedings, he may require the interested parties to be in attendance.
No
No
Yes
There is no proceeding before the court of justice; however, the copyright act states any person who imports into Dominica, otherwise than for his private and domestic use, shall be liable, in the case of a first offence, to a fine of $2000-$5000 for each copy or article to which the offence relates, and in the case of a subsequent offence, to a fine and to an imprisonment of 12 months.
Also, the trademarks act states that any person who imports into the state any product or article bearing a forged mark or a collective mark or any other infringing product or article, commits an offence under the trademarks act, shall be liable to a fine of not less than $15,000, but not more than $40,000 or to an imprisonment of not less than 05 years, but not more than 12 years, or to both such a fine and such an imprisonment.
Yes