Geographical Indications Law in Cuba
Geographical Indications Law in Cuba
Cuba’s legal regime for Geographical Indications (GIs) is established under its national intellectual property laws, complemented by its international commitments. The protection of GIs in Cuba is integrated within its trademark and appellation of origin system.
1. National Legal Framework
a. Law No. 118 of 2019 on Industrial Property
This is Cuba’s main legislation regulating trademarks, appellations of origin, and geographical indications.
It recognizes and protects:
Appellations of Origin (AO)
Geographical Indications (GI)
Provides procedures for:
Registration
Protection
Use
Enforcement
b. Key Provisions:
Appellation of Origin: Defined as a geographical name used to designate a product originating from a territory, where quality or characteristics are essentially due to the environment.
Geographical Indication: Similar to AO but may not require all the qualities to be linked to the geographical environment.
Both must be registered with the Cuban Intellectual Property Office (OCPI).
Protection is granted for 10 years, renewable indefinitely.
2. Registration Procedure
Applications are submitted to the OCPI.
Applicant must prove:
The product’s link to the geographic area.
The reputation, quality, or specific characteristics related to the origin.
Opposition procedures are available.
Once registered, only authorized producers can use the GI or AO.
3. Enforcement and Protection
Unauthorized use or imitation of GIs or AOs is prohibited.
Remedies include:
Administrative sanctions.
Civil or criminal actions.
The law provides mechanisms to prevent misleading consumers and unfair competition.
4. International Commitments
Cuba is a member of the World Intellectual Property Organization (WIPO).
It is a party to the Paris Convention (1967), which protects appellations of origin.
Cuba is also a member of the Community of Latin American and Caribbean States (CELAC), supporting regional cooperation on IP matters.
While not a WTO member, Cuba aligns its IP laws with international standards.
5. Examples of Cuban GIs
Cuban Rum (Ron de Cuba)
Cuban Cigars (Habanos)
Cuban Coffee
Other agricultural and artisanal products identified with Cuban regions.
Summary
Cuba protects GIs and appellations of origin primarily through Law No. 118/2019 on industrial property.
Registration and enforcement are handled by the OCPI.
The system aims to safeguard the authenticity and reputation of Cuban products linked to specific regions.
Protection lasts 10 years and can be renewed indefinitely.
International treaties such as the Paris Convention support Cuba’s GI framework.
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