Saturday, January 28, 2023

Procompetencia and Onda agree to investigate unfair competition in copyright

With the purpose of creating tools to understand the impact of unfair competition on copyright and guarantee the rights of the real holders, the National Commission for the Defense of Competition (Procompetencia) and the National Copyright Office (Onda) have signed an inter-institutional cooperation agreement.

The president of the board of directors, María Elena Vásquez, and the general director, José Rubén Gonell, signed for the competition authority, who -in their speeches- have highlighted the importance of copyright in the global economy.

In the act staged at the Procompetencia headquarters, Vásquez reiterated his conviction about the value of education in the process of building a culture of free and fair competition to create economic efficiency and thus consumers and users benefit from higher quality products and lower prices.

He highlighted the signed agreement and said that this is added to others signed with other state entities and civil society organizations because -he understands- with the synergies of all the actors the proposed objectives will be achieved.

“I have always believed that the promotion of the culture of free and fair competition in the country is an exclusive task of Procompetencia. I believe that it is a commitment that is incumbent on everyone, and for this reason, one of the main goals of this administration is to forge this alliance with strategic actors in the public and private life of the nation in order to create the necessary climate for free competition. ”, he pointed out.

He stressed that the agreement offers the opportunity to agree on criteria that allow the formulation of the competition regulation that should govern the market in which Onda intervenes. He emphasized that this will fulfill the mandate of article 69 of law 42-08 on defense of competition.

Within the harmonizing function that Procompetencia performs within the framework of article 69 of the General Law for the Defense of Competition, it may convene the Onda to jointly review and/or propose the competition regulations that apply to related activities. with copyright.

Gonell, meanwhile, celebrated the formal rapprochement with the autonomous and decentralized institution of the State. He anticipated that it will be very useful given that, in the field of copyright, they have identified many practices, in his opinion, that are anticompetitive.

According to the official, Onda is working hard to expand the legal framework that guarantees the patrimonial and moral rights of the authors.

According to the document, the signatory institutions will define the guidelines to comply with acts of confusion, established in article 11, literal b of the General Law for the Defense of Competition (42 of 2008). It refers to “any act that lends itself to creating confusion with the activity, products, names, benefits, establishment and intellectual property rights of third parties.”

It specifies that the use or imitation of the distinctive signs of others is considered unfair, as well as the use of labels, containers, containers or other means of identification that are associated with a third party in the market.

The agreement includes the establishment of coordination, interaction, cooperation and reciprocity mechanisms that facilitate activities of mutual interest and benefit aimed at fulfilling the purpose of the agreement, and promoting the search for comprehensive solutions to situations and problems of common interest.

The institutions undertake to promote a joint scheme of activities aimed at disseminating the content of their laws and regulations; exchange knowledge, best administrative practices, bibliographic and regulatory material, statistics and any other material or knowledge that is of mutual interest.

Also hold conferences, seminars, workshops, courses and other academic meetings, which generate spaces for discussion and exchange of experiences and for the dissemination of information to citizens; and execute, jointly, cooperation projects of mutual interest, as well as any other activities of the nature of both institutions and that are framed within the purposes of this agreement.

The event was attended by: the executive director of Procompetencia, Fior D’Aliza Alduey and department managers: Claritza Barreiro, Human Resources; Sagrario Matos, Planning and Development; César Gómez, Legal; Ana Rosina Troncoso, Interinstitutional Relations; María Melenciano, Investigation of Anticompetitive Practices; Rhina Peguero, administrative and financial; José Beltré, Competition Advocacy and Promotion lawyer; Liverca Gómez, Economic and Market Studies.

From Onda: Elizabeth Durán, Human Resources; Felix Natera, legal; Gina Marranzini and Emerlin Féliz, Interinstitutional Relations; José Gregrorio Luperón, Public Relations.

Procompetencia is an autonomous and decentralized State body created by Law 42-08 whose general objective is to promote and guarantee the existence of effective competition to increase economic efficiency in product and service markets, in order to generate profit. and value in favor of the citizens of the country.

ONDA was created through Law 65 of 2000 to administer, regulate and protect matters related to copyright in the Dominican Republic.

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