(TRIPS) and other international agreements. It establishes that the classifications for registration must be in accordance with the internationally recognized classifications system: for patents and industrial models, the Strasburg Convention from March 24, 1971 applies; for industrial designs, the Locarno Agreement from Octo- ber 8, 1968 applies; and for trademarks, the Niza Accord from June 15, 1957 applies. The government agency in charge of granting patents and registering industrial property is the National In- dustrial Property Office (ONAPI). Civil and criminal sanctions may be applied in case of an infraction of industrial property rights, which include damages as well as fines and/or prison.
PATENTS Patents may be obtained to protect inventions, utility models, and industrial designs. An invention is defined as any idea or creation of the human intellect related to products or procedures, capable of being applied in industry. It must be novel, i.e., it must be unknown in the relevant industry. Likewise, it must have an inven- tive character, i.e., it must not be able to be deduced by a person with technical knowledge in the matter or from existing technology. Matters that are not patentable range from exclusively aesthetic creations and in- formation presentations to computer programs and therapeutic and surgical methods. Requests for patents are directed to the ONAPI and must contain requirements stated by law. The law grants the ONAPI the ability to study and make decisions regarding requests that are deposited. Pat- ents are granted for a period of 20 years. The period for invention patents may be extended once, for a maximum period of three years, in cases where the ONAPI has incurred an unreasonable delay in granting registration of a patent, in accordance with the pe- riods established in the DR-CAFTA.
TRADEMARKS Dominican law protects all kinds of trademarks, including collective trademarks and certification trademarks, defining them in a broad manner. The registration of a trademark grants exclusive rights over the same. The period of use of those trademarks that have been registered before (more than six months) determines the priority for the registration. Dominican law also recognizes certain rights of priority for trademarks registered abroad. New trademarks are registered in favor of the person who first requests it.