HAITI Law and Practice Contributed by: Vanessa Abdel-Razak, Ludsen Saint-Phar and Webster Registre, Cabinet Abdel-Razak & Associés
marks may otherwise be enforced through prior rights, reputation or unfair competition principles. Copyright protection does not depend on registration, and for - eign works are protected in Haiti in accordance with international conventions to which Haiti is a party, pro - vided the work qualifies for protection under those instruments. 7.6 Declaratory Judgment Proceedings and Other Protections for Potential Defendants There is no formal statutory mechanism specifically labelled as declaratory judgment proceedings for trade mark or copyright non-infringement. However, an alleged infringer may, in appropriate circumstanc - es, initiate civil proceedings seeking a judicial deter - mination on the existence, scope or validity of the asserted rights, particularly where there is a concrete and current legal dispute, such as following a cease- and-desist letter or threatened enforcement action. To protect itself, a potential defendant may respond through pre-litigation correspondence contesting the claims, seek cancellation or invalidation of the trade mark at issue, or initiate civil proceedings challeng - ing validity, ownership or enforceability. Protective briefs as a formal procedural tool are not expressly regulated, but defendants may preserve evidence, seek interim judicial measures, or request security or guarantees where provisional remedies are sought by the rights holder. Parallel or defensive proceedings in another competent court may also be initiated, sub - ject to jurisdictional rules, particularly where related contractual, ownership or unfair competition issues are involved. 7.7 Small Claims There is no specialised small-claims procedure or dedicated alternative forum specifically designed for low-value trade mark or copyright disputes. Such claims are generally heard by the ordinary civil courts, regardless of the monetary value involved, following standard civil procedure rules. That said, parties may voluntarily resort to alternative dispute resolution mechanisms, such as mediation or conciliation, either privately or through recognised arbitration and mediation centres, where the dispute is contractual or commercial in nature and the parties
agree to submit the matter. These mechanisms are not mandatory, are not specific to intellectual property, and do not replace court jurisdiction unless expressly agreed by the parties. 7.8 Effect of Trade Mark and Copyright Office Decisions Decisions of the Trade Mark Office or any copyright authority have an important evidentiary and procedur - al impact on infringement actions but are not strictly binding on the civil courts. A valid trade mark regis - tration or an administrative decision confirming reg - istration creates a strong presumption of ownership and validity, which civil courts will generally take into account when assessing infringement claims. Con - versely, a decision refusing, cancelling or invalidating a registration will significantly weaken or defeat an infringement claim based on that registration. Civil courts retain independent jurisdiction to assess infringement, validity and liability and are not formally bound by administrative determinations. However, in practice, courts give considerable weight to final and unchallenged decisions of the Trade Mark Office, and infringement proceedings may be stayed or influenced pending the outcome of related administrative or judi - cial proceedings concerning validity. 7.9 Counterfeiting and Bootlegging A counterfeit trade mark generally consists of the unauthorised use of a mark that is identical to, or indistinguishable from, a protected trade mark in rela - tion to identical or similar goods or services, with the intent to mislead consumers as to origin. Copyright counterfeiting refers to the unauthorised reproduction, distribution or commercialsation of protected works, typically on a commercial scale, without the con - sent of the rights holder. Counterfeiting is addressed through general trade mark and copyright legislation, unfair competition rules and criminal law provisions. Special procedures may include seizure of infring - ing goods, injunctions, damages, and destruction of counterfeit products. Counterfeiting may give rise to criminal liability, including fines and imprisonment, particularly where the acts are intentional and carried out for commercial purposes.
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