Is Custom Recordal of Intellectual Property Rights (IPRs) available in Cuba?
Is Custom Recordal of IPRs compulsory in Cuba?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Cuba?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Cuba?
The Decree-law No. 68 of May 14, 1983 of Inventions, Scientific Discoveries, Industrial Models, Marks, and Marks of Geographic Origin forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Cuba.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Yes, it is effective on both imports and exports.
What is the role of the customs department/authority? (Kindly give 2-3 points)
It is the duty and role of the customs to undertake such measures as may be necessary to circumvent the entry of goods of infringing nature. For facilitating the same, the customs may act on their own motion or in furtherance of a request made by the rights holder to detain pirated goods until the court decides upon the authenticity of the goods being alleged of infringement.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
If the holder of an intellectual property right protected by the decree - law enforceable in Cuba - has reasonable grounds to suppose that the import or the export of a certain consignment of goods is being prepared, which is capable of infringing his or her IP right, he or she may solicit the same to the corresponding People’s provincial court, which orders the customs to retain the merchandise that is the object of such an import or export at the time of its dispatch.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
All the documents that help establish the case of the IP rights holder whose rights have allegedly been infringed need to be submitted along with application for recording the said IPR with the customs authority. Such documents could include the registration details of the IP rights, samples of the goods being infringed, and the details of the merchandise that is being questioned against.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
There is no fixed time frame for the customs authority to notify the applicant as to whether or not the application has been adjusted or reject it. However, any such intimation should be met at the earliest.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Cuba by land, sea, and air?
The customs department have a centralized system, and therefore, it is not required for the recording of intellectual property rights at the customs to be done with every port of entry.
Is there an online system for Custom Recordal in Cuba?
There is no online system for recording the intellectual property rights with the customs; however, a written request can be made to enable recordal with the customs.
What is the official fee for Custom Recordal in Cuba?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Cuba?
In which scenario does the customs department/authority suspend the clearance of imported goods?
Where upon inspection of the goods being either imported or exported out of the country, it is found by the customs authority that the goods may be infringing upon the rights of the intellectual property rights holder by virtue of the laws established in Cuba, the customs may suspend the clearance of such goods until the courts make a decisive order concerning the same.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
It is the moving party, which is required to bear the liabilities and expenses related to the suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
The IP rights holder has 10 days to confirm whether the goods are counterfeit or original. This period can be extended by a period of 10 more days after which the goods shall be released for commercial access.
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
The IP rights holder has to pay a bond for the detention of goods. The amount of the bond will depend and vary from case to case as per the orders made by the customs authorities keeping in mind that the bond is sufficient to receive a preliminary injunction and capable of recovering any cost/damages to the customs as well as the importer/exporter.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
If the goods detained or seized or found to be infringing the IPRs of the IP rights holder in question, the customs make such intimation to the IP rights holder as well as the importer/exporter. This ensures their preparedness for a trial, which shall be commenced within a period of 10 business days by the IP rights holder. Until then, the detention is continued till the court arrives at a decisive order.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Yes. The rights holder and the importer are to join the court proceedings within a period of 10 days to avoid the goods from being released from customs enforcement. Failure to do the same shall result in the release of goods as has been mentioned before.
Before disposal/destruction of infringing goods, does the right holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Cuba? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
The court may require the submission of other documents to establish the authenticity of the goods and arrive at a fair judgement after deducing the content from arguments made and documents submitted.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The remedies awarded by the court include destruction of goods that infringe upon the rights of the IP rights holder.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?