Industrial Models

– 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 for the Protection of Industrial Property, Stockholm Act.
– Agreement for the Legal Protection of Inventions, Industrial Models and Utility Models and Trade Mark in the fulfillment of Economic and Technical-Scientific Collaboration, signed in Moscow (1973).
– Convention Establishing the World Intellectual Property Organization (WIPO), since March 27, 1975.
– Agreement on the unification of requirements for the preparation and filing of invention applications (1975).
– WTO’s TRIPS Agreement, since April 20, 1995.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since October 9, 1998.

Filing

Applicant: authors, national and foreign persons, and national and foreign legal entities. 

Foreigners and nationals not living in the country: must appoint a local agent. Foreigners enjoy the same rights as Cuban nationals.

Kind of models: two-dimensional and three-dimensional industrial models.

Type of protection: Certificate of Registry of industrial model or industrial design.  

Exceptions to protection: not protected as industrial models are: (1) components of a complex product, not being visible, except for components that are itself independent products; (2) related with the form or exact dimension of a product that enable the mechanic connection to other product in such a way that both products can function; (3) the objects which are related exclusively with the realization of a function; (4) the incorporation of a distinctive sign which were object of a previous application or registry in the favor of another person; (5) they are protected by way of copyright in the name of another person; (6) not significantly different from other known models; (7) the objects which are against the social interest, public order or morality. 

Novelty: an industrial model is considered novel if at the moment of the filing of the application it has not been known in Cuba or abroad.

Priorities: applicants may claim priorities under the International Convention.

Series applications: any industrial model composed of different parts, which nonetheless constitutes a whole, is considered a single industrial model.

Territory covered: the territory of the Republic of Cuba.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney or letter of authorization, not legalized;
2. Description of the design;
3. Drawings;
4. If priority is claimed, a certified (not legalized) copy of the foreign application supporting the claim for priority must be submitted.

Filing without one or more requirements: possible.

Electronic signatures: are not accepted.

Examination

Amendment of application: possible.

Examination: formal and substantive examination of the industrial model and comparison with those industrial models already granted or applied for.

Opposition: possible.

Disputes about ownership: possible only after registration in a nullity action based on violation of the requirements established by the law.

Application kept secret: not provided for.

Appeals: upon receipt of the notification for rejection, an appeal may be lodged before the People’s Provincial Court within a term of thirty days. The decision of the Provincial Court may be appealed at the Supreme Court within a term of five days.

Urgent registration: not provided for.

Provisional registration: not possible.

Publication: applications are published for opposition purposes, and after registration. 

Correction of registration: possible.

Granting

Delivery of documents: about a year after the filing of the application.

Beginning of protection: from the date of filing of the application.

Kind of property: the registrant has the exclusive right of the Certificate of Registry of industrial model.

Duration: ten years from the filing date.

Licenses: possible, must be recorded at the Office with a copy of the original document duly legalized up to the Cuban Consul in the foreigner’s country.

Modification of Protection after Registration

Right of prior user: not provided for.

Opposition to granted models: possible before the 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.

Cancellation: industrial models are cancelled when: (1) there is a violation of the prerequisites established by the Law; (2) there exists an incorrect indication on the part of the author or joint authors of the industrial model; (3) the industrial model has previously been the object of an author’s certificate or a patent of industrial model or of an application.

Compulsory licenses: patents regulations are applicable.

Infringement and penalties: patents regulations are applicable.