INTELLECTUAL PROPERTY RIGHTS IN HAITI
Opposition Term |
02 Months |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Trade Marks Law of July 17, 1954, as amended by the Decree of August 28, 1960, provides for the registration of the local trademark applications in Haiti.
For getting a trademark registered in Haiti, an application has to be filed with the Intellectual Property Service under the Ministry of Trade and Industry, which administers the entire trademark registration process.
It usually takes between five (05) to ten (10) months for the Intellectual Property Service in the Ministry of Commerce and Industry to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete, the Intellectual Property Service will issue a registration certificate. Proof of Use or a declaration of Non-Use (notarized) must be submitted within the first three (03) months of the sixth year following the issue of the registration certificate.
In Haiti, the exclusive rights to a trademark are granted only by registration as it is a ‘first-to-file’ jurisdiction. However, in exceptional cases, well-known trademarks can be protected even if they have not been filed yet.
The 10th Edition of the International Classification System is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.
In Haiti, the opposition period is open for two (02) months, starting from the publication date, during which interested third parties may file opposition actions.
A trademark registration is valid for ten (10) years, which can be further renewed indefinitely for successive periods of ten (10) years each.
The application for renewal should be filed prior to the expiration date of the registration. After that time, a new application for registration is required.
There is a grace period of six (06) months after the expiration of the trademark during which it may still be renewed upon payment of additional fees.
The lack of use during the first five (05) years of registration makes a registered trademark vulnerable to cancellation actions.
Haiti has been a contracting party to the Paris Convention for the Protection of Industrial Property since July 1, 1958. It is not a contracting party to the Patent Cooperation Treaty (PCT). Haiti is a party to the Patent Law Treaty (PLT).
A patent can be registered in Haiti pursuant to the Patents, Designs, and Utility Models Act, 1924, which provides for the registration of the local patent applications.
It usually takes about four (04) years for the Intellectual Property Service in the Ministry of Commerce and Industry to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete, the Intellectual Property Service will issue a registration certificate.
A patent registration may be valid for five (05), ten (10), or twenty (20) years. A five (05) or ten (10) year registration term may be extended to the maximum of twenty (20) years.
Law of December 14, 1922, on Patents of Inventions and Industrial Designs is the primary law, which deals with the domain of industrial designs in Haiti.
Haiti has ratified the Berne Convention for the Protection of Literary and Artistic Works.
The Decree of October 12, 2005 on Copyright dictates the legal practices pertaining to the domain of Copyright in Haiti.
The standard copyright protection term lasts for the lifetime of the author plus sixty (60) years following his death. However, the duration of copyright protection varies depending on the type of work.
Photographic works are protected for twenty-five (25) years after the end of the year in which work was created.