Table of Contents
Patents of Invention
Legal Basis
– Decree-Law No. 290 for the Protection of Inventions and Drawings and Industrial Models, published on February 1, 2012, in force since April 1, 2012.
– Decree No. 342 of February 28, 2018, establishing Regulations of Decree-Law No. 290, in force since October 10, 2018.
Membership in International Conventions
– Paris Convention.
– Patent Cooperation Treaty (PCT).
Filing Requirements
– Power of attorney or letter of authorization, not legalized;
– Specification in Spanish, in duplicate;
– Drawings in duplicate;
– If priority is claimed, a certified (not legalized) copy of the foreign application supporting the claim for priority, with a Spanish translation;
– Evidence concerning the deposit of a microorganism with an authority officially recognized under the Budapest Treaty.
Remarks
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Duration: patent issued after formal and substantive examination – valid for 20 years.
Annuities: the payment of an annual fee, of increasing amount, starting from the date of filing of the application up to the termination of its life, is obligatory.
Opposition: possible within sixty days from publication of the application.
Trade and Service Marks
Legal Basis
– Decree-Law No. 203 on Trademarks and other Distinctive Signs, in force since May 2, 2000.
– Regulation of Decree-Law No. 203, approved by Resolution No. 63/2000, in force since May 24, 2000.
Membership in International Conventions
– Paris Convention.
– Madrid Agreement and Protocol.
Filing Requirements
– Power of attorney or letter of authorization, not legalized;
– Electrotype and 30 prints, which must correspond exactly with the trademark;
– Priority document (if priority is claimed).
Remarks
Duration – renewals: 10 years from the filing date; renewable for further periods of 10 years.
Obligation to use the registered mark: use is a fundamental condition for maintaining the validity of a trademark; for that reason, if the owner of a trademark does not use it during three consecutive years starting from the date of grant, the mark expires, upon the petition of a third party.
Opposition: possible within sixty days from publication in the Industrial Property Bulletin.
Observations: possible if no prior right can be alleged; it is possible to file observation instead of filing opposition.
Industrial Designs
Legal Basis
– Decree-Law No. 290 for the Protection of Inventions and Drawings and Industrial Models, published on February 1, 2012, in force since April 1, 2012.
– Decree No. 342 of February 28, 2018, establishing Regulations of Decree-Law No. 290, in force since October 10, 2018.
Membership in International Conventions
– Paris Convention.
Filing Requirements
– Power of attorney or letter of authorization, not legalized;
– Description of the design;
– Drawings;
– If priority is claimed, a certified (not legalized) copy of the foreign application supporting the claim for priority must be submitted.
Remarks
Duration: after formal examination and novelty examination: 10 years from the filing date. No extension.
Opposition: possible within sixty days from publication of the application. Opposition to granted industrial models is possible before the IP Office in a nullity action based on violation of the requirements established in the law. A judicial procedure can be filed against the final Resolution before the Provincial Court of Havana City.
Domain Names
Filing
ccTLD: .cu
Applicant: legal entities only.
Local presence: not required.
Remarks
Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: none.