1 December 2012Jurisdiction reportsSharin Pablo de Roca and Deborah Guzmán I.

Exxon Corporation wins unconstitutional action before the constitutional court

Exxon Corporation, as interested party and beneficiary of Resolutions 51 to 78 concerning certain trademark matters of their interest, issued by the Ministry of Industry and Commerce of the Dominican Republic on January 12, 2001, proceeded to file an unconstitutional action before the Constitutional Court of the Dominican Republic, against Resolution 209-Bis issued by the same entity on December 6, 2000.

This resolution established a new procedure for the filing of a reconsideration action against decisions rendered by the Secretary of Industry and Commerce, regarding trademarks and trade names under Trademark and Trade Name Law 1450. Law 1450 was revoked on May 8, 2000, with the publication of the current Industrial Property Law 20-00.

“THE GENERAL PROSECUTOR OF THE DOMINICAN REPUBLIC REQUESTED THAT THE UNCONSTITUTIONAL ACTION BE DECLARED ADMISSIBLE AND THAT RESOLUTION 209-BIS BE DECLARED UNCONSTITUTIONAL AND HENCE NULL.”

Seven months later, Resolution 209-Bis was issued by the Secretary of Industry and Commerce, creating a new procedure that did not exist under the old law and was contradictory to the dispositions of the new law. Exxon Corporation was affected by this resolution and decided to file on March 12, 2001, an unconstitutional action before the Constitutional Court. Exxon Corporation argued that Resolution 209-Bis:

i. Violates the legal security of every citizen, protected under Article 47 of the Dominican Constitution, with the creation of a reconsideration action that could only be created by law and that was not established under Law 20-00;

ii. Modifies the procedure established by Law 20-00 by creating a new procedure in contradiction of the law, when only Congress can modify a law—administrative resolutions must be limited to clearing up or organising the content of a law, but may never create new situations not provided for in said legal texts;

iii. Contradicts dispositions contained in the revoked Trademarks and Trade Name Law 1450; and

iv. Constitutes a violation of the principle non bis in idem, which establishes that no case can be judged twice.

In this case, the general prosecutor of the Dominican Republic requested that the unconstitutional action be declared admissible and, moreover, that Resolution 209-Bis be declared unconstitutional and hence null, since the Ministry of State of Industry and Commerce has no capacity to create procedures through resolutions.

Having heard Exxon Corporation’s and the general prosecutor’s arguments, the court found that:

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