How Political Instability Is Affecting Intellectual Property in Haiti

In the wake of the Peyi Lok (Locked Country) protests that erupted in 2018, political turmoil and violence have gripped Haiti, severely disrupting its economic and intellectual property (IP) systems. The assassination of President Jovenel Moïse in 2021 marked a tipping point, plunging the nation deeper into chaos as armed gangs spread, and the fabric of society began to unravel. This era of unrest has not only reshaped Haiti’s geopolitical environment but has cast a long shadow over the state of IP in the country.

As the nation grapples with severe restrictions on movement, frequent school and business closures, and a revolving door of interim governments and stalled elections, the hopes for stability seem increasingly elusive. This widespread instability has stifled investment and crippled businesses, and the international community’s response has further complicated the path to recovery and development.

Amid these conditions, understanding how these challenges impact the protection of IP rights is essential. Innovation thrives on the assurance of IP rights, yet the climate of insecurity and ambiguous government directives can dissuade creators from making the necessary investments that drive economic growth.

The unique challenges confronting IP protection in Haiti highlight the urgent need for the reform of its IP laws to foster a safer environment for creativity and innovation.

Challenges Facing Haiti’s Trademark Office Today

Political instability has significantly impacted the operations and efficiency of Haiti’s Trademark Office (TMO), with notable changes at the Ministry of Commerce following President Moïse’s death. Two years later, a change in government led to the arrival of another new minister.

Frequent turnover of key personnel, with each new minister often replacing the existing team, disrupts continuity of service. This has led to delays in processing applications and prolonged training for new staff, creating gaps in the skills needed to manage trademarks effectively.

Many experienced employees have also left the country. As a result, the TMO is dedicating significant effort to overcoming challenges in service delivery, which has diverted attention from its goal of enhancing support for entrepreneurs and innovators.

Contributing to these challenges is Haiti’s trademark law, which is more than 70 years old, dating back to 1954. This poses obstacles to modernizing the TMO’s operations and adapting to the evolving global landscape.

The unique context of Haiti, as a French-speaking Caribbean nation, also limits support and collaboration with piers, since Latin American offices prioritize Spanish and Portuguese. Despite these challenges, the Office remains committed to enhancing its services to better support entrepreneurs and protect their innovations.

The Struggles of Brand Owners in a Chaotic Environment 

The political instability has created considerable difficulties for brand owners. Logistical issues and increased bureaucratic delays have meant that disruptions in the process of filing and obtaining trademarks have become common.

For example, during 2024, gang violence in the locality surrounding the TMO heavily affected its operations. As a result, the area became too dangerous for staff and civilians, further disrupting the Office’s operations. This situation worsened in February 2025, when the authorities closed the area around the TMO’s location for security reasons.

After a month-long closure, the TMO was relocated to a new site, but the new location was not big enough to accommodate all staff members, so a rotation system had to be implemented. Employees now work on staggered schedules, with some coming into the office twice a week, others three times, and some never.

While the implementation of the rotation system slowed operations initially, the resilience and dedication of the staff ensured that the processing of files continued, though at a reduced pace. Despite the challenges posed by limited staffing and logistical constraints, the employees adapted quickly to their new circumstances. Within a few weeks of resuming operations, the TMO managed to regain momentum, demonstrating remarkable adaptability and commitment to its mission.

However, the broader challenges of continuous staff turnover and procedural changes persist. Each change in leadership at the TMO often comes with new policies and requirements, creating uncertainty for applicants and slowing the overall process. The limited availability of trained personnel has compounded these difficulties, occasionally leading to delays and requests for additional documents that were unnecessary previously. These systemic issues, while disruptive, have not deterred the staff from doing their best under difficult circumstances.

A Glimmer of Hope: Security and Reform on the Horizon 

Efforts to establish security in Haiti continue amid instability and violence. While progress has been slow, people are recognizing more and more the need for comprehensive reforms to address the root causes of the crisis. The interim government has taken steps to combat corruption and strengthen governance, with the aim of creating a more transparent and accountable system. These measures, though still in their early stages, are intended to lay the groundwork for a stable political transition and, eventually, a more secure environment for businesses and citizens alike.

In the trade sector, the Minister of Commerce, only in office for a little over a year, has emphasized the importance of reforms to facilitate trade, attract investment, and support local businesses. These initiatives, if implemented successfully, could have a positive impact on the country’s economy and provide much-needed support to entrepreneurs.

Strengthening IP frameworks remains a key priority, as fostering innovation and protecting creators’ rights are essential for long-term economic growth. In fact, on October 9, 2024, the Minister signed a directive on the examination of applications for the registration of trademarks, emphasizing the growing recognition of the importance and value of the IP sector in Haiti.

A Call to Action: Transforming Challenges into Opportunities  

Haiti’s IP challenges are deeply intertwined with the country’s political instability, outdated legal frameworks, and a growing exodus of skilled professionals. However, amid these difficulties, there lies potential for positive developments (and some progress is being made). The recent efforts towards political reform could pave the way for a more stable governance structure, which is crucial for fostering a conducive environment for IP protection. Furthermore, the employees of the TMO have worked to protect the rights of entrepreneurs and investors despite significant obstacles.

The call to action is clear: international support and collaboration are essential to fortify Haiti’s IP landscape. This partnership could lead to the modernization of IP laws, ensuring they meet contemporary standards and effectively protect the rights of creators and innovators.

With a concerted effort from both the international community and local stakeholders, Haiti can transform its IP challenges into opportunities for growth and resilience, supporting entrepreneurs and safeguarding their innovations for a brighter economic future. 

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. The opinions expressed in this feature are that of the author and do not purport to reflect the views of INTA or its members.

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