Intellectual Property lawyers in Cuba (CE)

Patent and trademark protection in Cuba differ in several key aspects:

• Patents protect inventions and technical solutions for 20 years from filing date
• Trademarks protect brand identifiers for 10 years with renewable terms
• Patent applications require technical descriptions and claims
• Trademark registrations require specimens and classification under international classes
• Patents are examined for novelty, inventive step, and industrial application
• Trademarks are examined for distinctiveness and potential conflicts with existing marks

Both protections are administered by the Cuban Industrial Property Office in Havana, but follow different application procedures and examination standards.

Cuban trademark attorneys handle multi-class applications by filing a single application that covers multiple classes of goods and services. The process involves:

1. Conducting preliminary searches across all relevant classes
2. Preparing descriptions for each class of goods/services
3. Submitting the application to the Cuban Industrial Property Office
4. Paying fees that increase with each additional class
5. Responding to office actions that may affect specific classes

Multi-class applications can be more cost-effective than filing separate applications, though if objections arise for one class, the entire application may face delays. Cuban attorneys typically recommend this approach for businesses seeking broad protection across multiple product categories.

The main intellectual property offices in Havana are strategically located in different districts of the city. The Cuban Industrial Property Office (OCPI) is situated in Miramar, in the Playa municipality, handling patents, trademarks, and industrial designs. The Cuban Copyright Office (CENDA) operates from its headquarters in Vedado, near the University of Havana. Additionally, many private IP law firms are concentrated in the business districts of Miramar and Vedado, with some also located in Old Havana (Habana Vieja) near government buildings. These locations form Havana’s intellectual property corridor, where most official registrations and legal consultations take place.

Foreign companies should register their copyrights in Cuba in these specific situations:

• Before commercializing creative content in the Cuban market
• When planning to license works to Cuban entities
• If considering collaboration with Cuban artists or creators
• When detecting unauthorized use of their works in Cuba
• Prior to enforcing rights through Cuban courts

While copyright protection is automatic upon creation under the Berne Convention (which Cuba has joined), registration with the Cuban Copyright Office provides stronger evidence of ownership and publication date. Registration is particularly important for software, music, films, and books with commercial potential in the Cuban market.

Notarization is required for trademark applications in Cuba to verify the authenticity of documents and signatures. The Cuban Industrial Property Office mandates notarization because:

1. It confirms the identity of the applicant or their representative
2. It validates the legal standing of corporate applicants
3. It authenticates powers of attorney for foreign applicants
4. It verifies the legitimacy of priority claims based on foreign applications
5. It helps prevent fraudulent filings and unauthorized use of third-party marks

Documents executed outside Cuba typically require legalization through apostille or consular legalization before submission. This process, while adding steps to trademark registration, ensures the integrity of Cuba’s trademark system and reduces disputes over document authenticity.

Cuba’s biotechnology industry has shaped patent filing strategies through several distinctive approaches. The BioCubaFarma complex in western Havana generates significant patent activity, focusing on pharmaceutical innovations. Cuban patent attorneys typically employ defensive filing strategies to protect medical inventions before international publication. The country’s research centers like the Center for Genetic Engineering and Biotechnology prioritize patent protection in key export markets, including Latin America and parts of Asia. Cuban inventors often file first domestically to establish priority, then use the Patent Cooperation Treaty for international protection within the 12-month priority period. This strategic approach balances national innovation protection with global commercial opportunities, particularly for Cuba’s notable vaccines and biopharmaceutical products.