Industrial Designs Law in Cuba

30 May 2025 --
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In Cuba, industrial design protection is governed by Decree-Law No. 290, enacted on November 20, 2011, and effective from April 2, 2012. This law, along with Decree No. 342 of February 28, 2018, which establishes its regulations, provides the legal framework for the registration and protection of industrial designs in the country. (WIPO, WIPO)

📝 Registration Process

1. Eligibility Criteria

To qualify for protection, an industrial design must:

Be novel: The design must be new and not previously disclosed to the public.

Possess individual character: The design should create a different overall impression on the informed user compared to existing designs.

Not be dictated solely by technical function: The design's appearance should not be exclusively determined by the product's technical function.

2. Application Submission

Applications for industrial design registration must be submitted to the Cuban Office of Industrial Property (OCPI). Applicants can file:(Trade Club)

Non-Convention Applications: For designs not claiming priority from previous filings.(e-trips.wto.org)

Convention Applications: For designs claiming priority based on earlier filings in other countries.

The application should include:

A power of attorney (merely signed).(H&A)

A description of the design.

Drawings of the design.(katzarov-manual.com)

If claiming priority, a certified copy of the earlier application supporting the claim.(katzarov-manual.com)

Multiple designs can be included in a single application. The International Classification of Industrial Designs (Locarno Classification) is used for classification purposes. (H&A, kashishworld.com)

3. Examination Process

The OCPI conducts a formal examination to ensure compliance with procedural requirements. A novelty examination is also performed to assess the originality of the design. Opposition to the application can be filed within 60 days from the publication date. After examination, the design is either granted a registration certificate or refused. (katzarov-manual.com)

⏳ Duration and Renewal

Initial Protection: 5 years from the filing date.

Renewal: The protection can be renewed for one additional term of 5 years, totaling up to 10 years. Annuity payments are required starting from the third year of protection. Late payment is possible within a 6-month grace period after the due date. (kashishworld.com)

🌍 International Protection

Cuba is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority for their industrial design applications in other member countries. However, Cuba is not a party to the Hague Agreement concerning the International Registration of Industrial Designs, so international protection through this system is not available.