HAITI Law and Practice Contributed by: Vanessa Abdel-Razak, Ludsen Saint-Phar and Webster Registre, Cabinet Abdel-Razak & Associés
Such amendments are typically made through writ - ten submissions before the Trade Mark Office or the competent civil court, as applicable, and are subject to acceptance by the deciding authority. 5.7 Combining Revocation/Cancellation and Infringement In Haiti, revocation or cancellation actions and infringe - ment actions are generally not heard together, as they follow separate procedural tracks and may be brought before different fora. 5.8 Measures to Address Fraud In Haiti, there is no standalone or expedited adminis - trative procedure specifically dedicated to the revoca - tion or cancellation of trade marks or copyrights filed fraudulently. Fraudulent filings are addressed through opposition, cancellation or invalidity actions brought before the Trade Mark Office or, more commonly, before the competent civil courts, where fraud, bad faith or misrepresentation may be raised as substan - tive grounds. If an application becomes subject to an investigation or judicial challenge based on alleged fraud, the Trade Mark Office may suspend examina - tion or registration in practice, although suspension is not expressly codified and depends on the cir - cumstances and the authority seized. Where fraud is established, the consequences may include refusal of the application, nullity or cancellation of the registra - tion, loss of any associated rights, and potential civil liability, including damages, under general principles of Haitian civil and unfair competition law.
must comply with general civil law principles. Copy - right assignments must also be in writing and may be total or limited, subject to the scope expressly agreed by the parties, and may be recorded where applicable for evidentiary purposes. Partial assignments are permitted in Haiti. A trade mark may be assigned for only part of the goods or services for which it is registered or applied for, pro - vided that the assignment does not result in deception or confusion for the public. Copyright assignments may likewise be partial – for example, limited to certain economic rights, territories or durations – as expressly stated in the assignment agreement. Both trade mark and copyright rights are transmissible upon death. Trade marks form part of the deceased’s estate and pass to heirs or beneficiaries in accordance with succession law, subject to recordal of the change of ownership. Copyrights are similarly transmissible mortis causa, with economic rights passing to heirs for the remainder of the statutory term, while moral rights continue to be protected in accordance with applicable law. 6.2 Licensing Requirements or Restrictions Trade mark and copyright licences must be granted in writing and signed by the licensor, in accordance with general contract law principles. A trade mark may be licensed whether it is registered or the subject of a pending application, and no prior approval from the Trade Mark Office or any copyright authority is required; however, recordal of a trade mark licence with the Trade Mark Office is recommended to ensure enforceability against third parties. Copyright licences likewise do not require administrative approval, but written form is essential to define the scope of the rights granted. Haitian law allows the grant of exclusive, non-exclu - sive and sole licences for both trade marks and cop - yrights, subject to the terms agreed by the parties. Licences may be granted for a fixed term or, in prin - ciple, on a perpetual basis, provided this does not conflict with mandatory legal rules or public policy, particularly in copyright matters where the duration of economic rights is limited by statute. Licences may include ancillary rights, such as archival, reproduction
6. Assignments and Licensing 6.1 Assignment Requirements and Restrictions
In Haiti, the assignment of a trade mark or copyright must be made in writing and signed by the assignor, and in practice, trade mark assignments are record - able with the Trade Mark Office to be effective against third parties, although recordal is not strictly consti - tutive of the transfer. Trade marks may be assigned whether the mark is registered or pending, and no approval from the Trade Mark Office is required beyond recordal; valid consideration is not a formal legal requirement, although the underlying contract
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