- Intellectual Property

The robust intellectual property practice of Jiménez Cruz Peña handles a full range of matters in the country’s rapidly developing intellectual property area. JCP provides full support during the entire life cycle of trademarks, distinctive signs, patents, industrial designs, and utility models - from search, clearance, and registration to ongoing maintenance, commercialization, and administrative or judicial defense, both in the country and in other jurisdictions.

JCP’s advice is second to none when it comes to devising strategies on introducing products in the Dominican Republic observing both local and international law. Our IP experts are indispensible in conducting due diligence and negotiating local IP portfolio during mergers and acquisitions, investments, and joint ventures.

Finally, our litigation team represents clients in administrative appeals before the National Office of Industrial Property (ONAPI), as well as in civil and criminal jurisdictions in all matters related to infringement of IP rights.

JCP lawyers are active members of the Dominican Association of Intellectual Property (Asociación Dominicana de Propiedad Intelectual), a local non-profit promoting IP rights in the country.

Services

• Trademarks
  • Trademark life cycle support, both in the Dominican Republic and internationally, including registration, maintenance, and prosecution
  • Defense and enforcement before the ONAPI and administrative, civil and criminal courts
• Patents
  • Applications locally and in other jurisdictions under Patent Cooperation Treaty
  • Contested ONAPI proceedings
  • Evaluation, transactions, and strategic counseling
  • Prosecution and defense before administrative, civil and criminal courts.
• Copyright registration and protection
• Transactions involving IP rights
  • Licensing of all types intellectual property
  • Due diligence, valuation, and transfer during M&As, investments, and joint ventures
• Confidentiality, non-compete, and other restrictive contractual provisions
• Counseling with respect to promotional materials
  • Drafting and review of rules for contests, sweepstakes, and other promotion activities
  • Review of packaging, media advertisements, and marketing and promotional materials.
• Domain names
  • Acquisition and registration
  • Protection and dispute resolution locally and abroad
• Full-service IP litigation
  • Infringements of trademarks, copyrights, patents, trade dress
  • False adverting
  • Breach of confidentiality and non-compete provisions
• Industries
  • Manufacturing and Distribution
  • Pharmaceuticals
  • Hospitality
  • Sports and Entertainment

Key Representations

• Representation of a large wiring devices manufacturer in prosecution of trade dress violations by local retail hardware stores, including obtaining restraining orders and confiscation of infringing goods out of commerce.
• Representation of a Venezuelan investor in acquisition of a majority stake in one of the largest agribusinesses in the Dominican Republic, conducting due diligence and advising on transfer of trademarks and other IP rights.
• Representation of Dominican Pharmaceutical Industries (INFADOMI) in a voluntary intervention in case by a group of inventors against the ONAPI, advocating not to extend the patent term in event of ONAPI’s delay in granting a patent.