INTELLECTUAL PROPERTY RIGHTS IN CUBA
First Renewal Term
Subsequent Renewal Term
Cuba’s primary trademark law is Decree Law 203 on Trademarks and Other Distinctive Signs.
The Cuban Industrial Property Office (OCPI) regulates the trademark law in Cuba. The OCPI is an arm of the Cuban Ministry of Science, Technology, and Environment.
Cuba follows a ‘first-to-file’ system, with the exception of Paris Convention priority registrations, which may be filed later, but have an earlier priority date.
Cuba follows the 11th edition of Nice Classification. Multi-class applications also are permissible.
An opposition must be submitted within sixty (60) days of the publication of the mark in the Official Bulletin of Industrial Property. The third party can base its opposition on any of the absolute or relative grounds for refusal and may also submit evidence with the opposition.
Cuban trademarks are effective for ten (10) years. The initial term is counted from the application date, even if priority rights were claimed. Subsequent renewals are available in perpetuity for ten (10)-year terms, provided that the owner meets the renewal obligations. The registry will renew the mark on application for renewal upon payment of the associated fee. The rights holder may reduce, but not enlarge, the classes and specifications relating to the mark on renewal.
The time-frame for filing a renewal application before the date of the expiry is six (06) months.
A grace period of six (06) months also exists, but a late renewal fee is then required.
Non-use cancellation is possible and the relevant non-use term is three years (03) from the registration date. A third party may commence a non-use cancellation action by filing a written application with the Cuban Industrial Property Office (OCPI) setting forth the arguments and evidence.
Cuban patent laws are codified in Decree-Law 68 of May 14, 1983.
Cuba is a member of the Paris Convention for the Protection of Industrial Property.
In Cuba, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
Patents can be applied for directly in Cuba or based on International Applications (PCT) that can be filed within thirty (30) months from the original filing date and the documents should be presented in the original language.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Any third party has the right to file an opposition within sixty (60) days after the publication of the application.
The competent national authority administering the patent protection in Cuba is the Oficina Cubana de Propiedad Industrial (OCPI).
Concession of a patent grant in Cuba is twenty (20) years for a utility patent and fifteen (15) years for a design patent.
Grant fees are to be paid within thirty (30) days from issuance of the Notice of Allowance. Annual maintenance fees are payable starting from the third year of the validity term. The due date is the filing date anniversary.
Late payment is possible within a grace period of six (06) months after the due date.
The Decree-Law Number 290 - governs and deals with the mechanism of registration of industrial designs in Cuba.
To obtain a record of drawing or industrial model, the applicant is required to submit an application with the Cuban Office of Industrial Property.
The types of industrial design applications that can be filed in Cuba include Non-Convention Application and Convention Application.
Multiple design applications are permitted in Cuba.
For the purposes of the administrative processing and the publications established by this Decree-Law and its Regulations, the mandatory use of the International Classification of Industrial Designs is provided, in accordance with the Locarno Agreement of 1968, Concerning the International Classification of Industrial Drawings and Models.
Cuban IP legislation stipulates a novelty grace period of six (06) months prior to the filing date if the industrial design in question was disclosed at an official or officially recognised international exhibition.
Any interested person may file opposition before the Office on the relevance of the granting of the patent application, within a period of sixty (60) days, counted from the date of circulation of the Official Industrial Property Gazette where it appears published, upon payment of the established fee, stating its grounds and accompanying the documents on which it bases its claim.
The registration of an industrial design or model is valid for ten (10) years, counted from the filing date of the application.
Current Cuban copyright laws are found in Law No. 14 of December 28, 1977. Decree No. 20 of February 21, 1978 created the National Center for Copyright (Centro Nacional de Derecho de Autor, or CENDA), and several resolutions issued by the Ministry of Culture implementing certain practices and regulations to be further described below.
Cuba is a signatory to the Berne Convention and recognizes copyright protection granted by other nations; although, the copyright term is less than the one in the United States.
In Cuba, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. However, one can avail some facilities for having the work registered in the Register of Copyright at the Copyright Office. A certificate is issued by the Registrar of Copyright that makes prima-facie evidence of ownership of copyright.
The term of copyright includes the life of the author and fifty (50) years after his death, subject to the exceptions expressly set out in this law. If it is a work in collaboration, the term of copyright will be extended fifty (50) years after the death of each author. Fifty (50) years stipulated in this article starts to count up from 1st January of the year following the death of the author.
The term of the copyright on a work created by a process analogous to the photography, or a work of applied art, extends to twenty-five (25) years from the use of the work.