HAITI Law and Practice Contributed by: Vanessa Abdel-Razak, Ludsen Saint-Phar and Webster Registre, Cabinet Abdel-Razak & Associés
particularly in cases involving consumer protection or freedom of expression. A defendant may oppose a preliminary injunction by challenging the validity or ownership of the asserted rights, disputing the exist - ence of infringement or urgency, showing absence of irreparable harm, invoking delay or acquiescence by the claimant, or raising equitable considerations such as bad faith, abuse of rights, or disproportionality of the requested measures. 10.2 Monetary Remedies Monetary remedies available to trade mark and copy - right owners are primarily grounded in general civil liability and intellectual property principles rather than detailed statutory damage schemes. Remedies typi - cally include compensation for actual damages suf - fered, such as loss of sales, harm to reputation or unjust enrichment of the infringer, and courts may also order the disgorgement or accounting of profits where the infringer has derived a measurable commercial benefit from the infringement. In cases involving wilful infringement, bad faith or counterfeiting, courts may award higher damages within the framework of full compensation, although there is no formal system of statutory or automatically enhanced damages. Judges have broad discretion in assessing and ordering mon - etary remedies and take into account factors such as the seriousness of the infringement, its duration, the scale of the infringing activity, the infringer’s intent, and the actual prejudice suffered by the rights holder. There are no rigid statutory caps or formulas govern - ing the amount of damages awarded. Damages are typically calculated on the basis of proven loss, rea - sonable royalties, unjust enrichment or, where precise quantification is difficult, an equitable assessment by the court based on the available evidence. Punitive or exemplary damages are not a distinct feature of Hai - tian civil law, and awards are intended to compensate rather than punish, subject to proportionality. Certain monetary remedies are facilitated by registra - tion but are not strictly conditioned on it. A registered trade mark benefits from presumptions of ownership and validity, which simplify proof and may influence the quantum of damages, but Haitian law does not provide for statutory damages that are available only upon registration. Copyright protection and monetary
remedies do not depend on registration, although reg - istration or deposit may assist in evidentiary matters and assessment of damages. 10.3 Attorneys’ Fees and Costs Each party to trade mark or copyright litigation gen - erally bears its own attorneys’ fees, regardless of the outcome of the case, in line with general civil law principles. Court fees and procedural expenses, such as filing fees, bailiff costs and certain administrative charges, are typically advanced by the party initiating the action but may ultimately be allocated by the court in its final decision. The losing party may be ordered to reimburse the prevailing party for court costs and necessary pro - cedural expenses, but reimbursement of attorneys’ fees is not automatic and is granted only in limited circumstances. Fee-shifting may be awarded where expressly provided by law, or requested by the party during proceedings. 10.4 Ex Parte Relief As a general rule, adversarial proceedings are favoured, and the defendant must be given notice and an opportunity to be heard. It is usually effected through formal service by a bailiff or court officer, in accordance with civil procedure rules. 10.5 Customs Seizures of Counterfeits or Parallel Imports The legal framework allows for customs intervention against counterfeit goods, including goods infringing trade mark or copyright rights, primarily under general customs, trade and intellectual property enforcement principles. Customs authorities may seize suspected counterfeit goods at the border, either ex officio or following a complaint or alert from a rights holder, par - ticularly where the goods appear to infringe protected marks or works. To benefit from customs protection in practice, a trade mark or copyright owner typically must take proactive steps, such as filing a request or notice with customs authorities, and providing proof of its rights, detailed information enabling identification of genuine versus counterfeit goods, and contact details for rapid co- ordination. Customs officials may then detain the
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