HAITI Law and Practice Contributed by: Vanessa Abdel-Razak, Ludsen Saint-Phar and Webster Registre, Cabinet Abdel-Razak & Associés
and copyrighted works without the owner’s consent are assessed through a combination of statutory exceptions, where they exist, and general principles of civil law, good faith and proportionality. For trade marks, descriptive or informational use made in good faith and not as a badge of origin may be tolerated, particularly where the use is necessary to describe characteristics of goods or services. For copyright, limited exceptions exist for purposes such as private use, education, quotation or information, and the analysis focuses on whether the use is justified by its purpose, is limited in scope and does not unreason - ably prejudice the legitimate interests of the author. These factors are not articulated as a fixed statutory checklist but are derived from general legal principles and international norms. Haitian law does not expressly define parody or satire as standalone copyright exceptions. However, uses that may be characterised as parody or satire can, in practice, be assessed under broader concepts such as quotation, commentary or freedom of expression, provided the use is transformative in nature, does not substitute for the original work and does not cause disproportionate harm to the author’s economic inter - ests. Similarly, there is no explicit free-speech-based excep - tion to trade mark or copyright infringement in Haitian statutes. Nevertheless, courts may take into account constitutional principles relating to freedom of expres - sion and the public’s right to information when assess - ing alleged infringement, particularly where the use is non-commercial, informational or critical in nature, and where there is no likelihood of confusion or undue prejudice to the rights holder. 9.3 Exhaustion In Haiti, the exhaustion of trade mark rights is recog - nised in principle through the doctrine of first sale, although it is not exhaustively codified in detailed statutory provisions. Once goods bearing a trade mark have been lawfully placed on the market by the trade mark owner or with its consent, the owner’s rights in respect of those specific goods are generally exhausted, meaning the owner may not oppose their subsequent resale, distribution or commercial circula - tion. Exhaustion is subject to limitations, and the trade
mark owner may still object where there are legitimate reasons, such as alteration of the goods, impairment of their condition, or use that damages the reputation or distinctiveness of the mark. Copyright exhaustion is likewise recognised in princi - ple. Following the first authorised sale or other lawful transfer of ownership of a physical copy of a copy - righted work, the copyright owner is generally barred from controlling further distribution of that specific copy. This doctrine applies primarily to tangible cop - ies, such as books, CDs or artworks. Digital content is treated more restrictively, as the transfer of digital files typically involves reproduction rather than mere resale, and copyright owners may therefore retain control over subsequent distributions of digital works, subject to the terms of applicable licences and gen - eral copyright principles. A trade mark or copyright owner may seek injunctive relief under general civil procedure and intellectual property principles. Available measures include inter - im or preliminary injunctions ordering the cessation of infringing acts, seizure or sequestration of infring - ing goods, preservation of evidence, prohibition of importation or distribution, and, in appropriate cases, orders affecting commercial operations such as the freezing of assets or bank accounts when linked to the alleged infringement. Courts may also order the destruction of infringing goods or corrective meas - ures, including notices or publication of the decision. Judges have broad discretion in granting and tailor - ing injunctive relief, and such measures are generally awarded where they are necessary to prevent immi - nent or ongoing harm. To obtain a preliminary injunction, the trade mark or copyright owner must typically demonstrate a prima facie case of infringement or likelihood of success on the merits, the existence of imminent or irreparable harm that cannot be adequately remedied by dam - ages alone, and the urgency of the situation. Courts may also consider the balance of hardships between the parties and, where relevant, the public interest, 10. Remedies 10.1 Injunctive Remedies
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