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Custom Recordal of IPRs in Cuba

Cuba

Custom Recordal of IPRs
Yes
No
Yes
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.
Yes, it is effective on both imports and exports.
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.
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.
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.
Yes
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.
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.
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.
Yes
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.
It is the moving party, which is required to bear the liabilities and expenses related to the suspension of the release of infringing goods.
Yes
Yes
Yes
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.
Yes
10 days
Yes
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.
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.
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.
No
No
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.
The remedies awarded by the court include destruction of goods that infringe upon the rights of the IP rights holder.
N/A