Cuba, with its deep cultural background and abundant natural resources, possesses a huge potential for development in the field of industrial design. The harmonious combination of tradition and modernity, along with the continuous creativity of the people, has created unique products with a bold Cuban imprint. From exquisitely restored classic cars to handicrafts imbued with the soul of the nation, Cuba is asserting its unique position. In addition, with the right investment and appropriate support policies, Cuba can completely become a leading innovative design center in the world, contributing to improving its position and promoting the country’s economy. However, many individuals and businesses still do not understand the procedures for registering industrial designs in Cuba, Viet An Law would like to guide this procedure through the article below.
Legal Basis
- Decree-Law No. 290 on Patents and Industrial Designs.
Preliminary Definition of Industrial Design in Cuba
Based on Decree-Law No. 290 on Patents and Industrial Designs, industrial design is understood as:
“The appearance of a product, in whole or in part, is created from the shape, configuration, or decorative features of that product.”
This definition encompasses the visual and tactile aspects of a product, making it unique and attractive. It includes elements such as lines, colors, shapes, and textures.
Preliminary Conditions for Registration of Industrial Designs in Cuba
- Originality: The design must be unique and has not been publicly announced or used anywhere in the world prior to the date of application. It should be significantly different from existing designs.
- Novelty: The design must be new and has not been publicly announced or used anywhere in the world prior to the filing date. It must not be identical to a design that has been publicly announced or used in any part of the world prior to the filing date.
- Industrial applicability: The design must be able to be applied to a product or part of a product.
- Appearance: The design should be presented in a clear and concise manner, allowing for identification and comparison with other designs.
In addition, you also need to be aware of who files an industrial design application in Cuba
- Individual: Any Cuban citizen has the right to apply for an industrial design application.
- Legal entities: Companies, organizations, or economic units headquartered in Cuba can apply.
Therefore, if you want to file an application for registration of an industrial design in Cuba, you need to provide an additional power of attorney to be able to apply.
Preliminary dossier of industrial design registration in Cuba
- Application Form: The application form includes the following information:
- Name, address, nationality and contact information of the applicant (and representative, if applicable);
- Title of industrial design;
- Specifies the products to which the style will be applied (Product Type).
- International Classification Code for Industrial Designs (Locarno Classification).
- Representative image of the style:
- Drawings, photographs, or other graphic images of the design.
- These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
- A maximum of 7 images can be submitted.
- Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
- Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
- Other documents, if any:
- Copyright claim (if the applicant is not the creator of the design).
- The transfer document (if the rights to the design have been transferred).
Term of protection of industrial design in Cuba
In Cuba, an industrial design is protected for a maximum of 20 years. This period is calculated from the date of submission of the application and can be divided into the following stages:
- Initial period: 10 years.
- Extension: Can be extended 2 more times, each time 5 years.
To maintain a conservatorship, the owner must:
- Apply for extension on time: Before the end of each 5-year period, the owner must apply for an extension of protection.
- Payment of fees: Along with the application for extension, the owner must pay fees as prescribed by law.
- Ensure that the design does not change significantly: The industrial design when renewed must not have too big a change from the original design.
