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Enforcement of IPRs in Haiti

Haiti

Enforcement of IPRs
The major cause of counterfeiting is that they are sold openly in the street markets, making them approachable and accessible to the public for general use. The same are not interjected on their arrival within the jurisdiction of Haiti itself. Port au- Prince, Haiti is a major hub of counterfeit goods.
The goods that most often face counterfeiting and piracy in Haiti are pharmaceuticals. Other such articles include branded apparel and shoes.
Yes
The laws include - Law of December 14, 1922, on Patents of Inventions and Industrial Designs; Law of July 3, 1924, amending the Law on Patents of Inventions and Industrial Designs of December 14, 1922; Law of July 17, 1954, on Trademarks; Decree of August 28, 1960, amending the Trademarks Law of July 17, 1954; Penal Code of Haiti; and Decree of October 12, 2005, on Copyright.
Copyright, inventions, patent rights, industrial designs and models, special manufacturer’s marks, trademarks, and business names are the different types of IPRs protected by IPR enforcement in Haiti.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation – Yes (Up to 5OO Gourdes payable to the Public Treasury)
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
No
No
No
A) Responsible Authority - N/A
B) Imprisonment Term - N/A
C) Monetary Fine - N/A
No
No
In addition to arbitration, Haitian civil law contemplates two ADR techniques: conciliation and mediation. Conciliation is defined in Article 60 of the Haitian Criminal Procedural Code and Article 91 of Decree of the August 22, 1995 as an alternative to court decisions. Even though there is the availability of the said framework, the option of ADR is not frequently utilized.
No
No
N/A
N/A
N/A
Civil Court Practices
Weak enforcement mechanisms, inefficient courts, and judges’ limited knowledge of commercial law compromise the effectiveness of statutory protections.