Legal framework overview

Cuba's IP legal framework is based on a combination of national legislation and international treaties and mainly comprises:

• Industrial Property Law (Decree-Law No. 290/2011);

• Law on Trade Marks and Other Distinctive Signs (Decree-Law No. 203/2000);

• Regulations on Industrial Designs (Resolution No. 122/2014);

• Copyright Law (Decree-Law No. 373/2019);

• Provisions on the Prevention of Unfair Competition (Resolution No. 21/2001).

The competent authority is the OCPI (Oficina Cubana de la Propiedad Industrial), which operates under the Ministry of Science, Technology and Environment (Ministerio de Ciencia, Tecnología y Medio Ambiente, CITMA).
Cuba is a member of WIPO, the PCT, the Madrid Protocol, the Paris Convention and TRIPS, and is preparing to accede to the Hague Agreement.

International cooperation and regional alignment

• Cuba is a contracting state of WIPO, the PCT and the Madrid System;

• Participates in the Caribbean IP cooperation forum (CARIPI);

• Maintains training and information exchange partnerships with WIPO, EUIPO and the EPO;

• Actively promotes IP integration with Latin American countries;

• Plans to accede to the Hague Agreement in order to strengthen design protection and offer an international filing route.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with OCPI;

• Alternatively, applicants may designate Cuba under the Madrid System (Madrid Protocol).

Classification

• Uses the Nice Classification for goods and services;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formal examination: approximately 1‑2 months;

• Substantive examination: approximately 6‑9 months;

• Opposition period: third parties may file oppositions within 2 months from publication.

Use and renewal

• Initial registration term is 10 years, renewable indefinitely;

• A continuous period of 3 years of non-use may result in cancellation.

Examination features

• Examination language is Spanish;

• Focuses on distinctiveness and conflicts with prior rights;

• Collective marks and geographical indications may be registered;

• Electronic platform: SIPI – Sistema de Propiedad Industrial (OCPI) for online filing and searches;

• Non-traditional marks (such as sound or scent marks) are currently not accepted.

Patent system

Types and terms of protection

• Invention patent (Patente de Invención): protection of 20 years from the filing date;

• Utility model (Modelo de Utilidad): protection of 10 years from the filing date.

Examination mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 3 years from the filing date;

• Average examination period is around 24‑36 months.

International routes

• Cuba has been a PCT contracting state since 1996;

• PCT applications may enter the national phase for examination in Cuba;

• Participates as an observer in regional patent cooperation in Latin America (PROSUR observer).

System features

• Applies the first-to-file principle;

• Annual maintenance fees must be paid to keep patents in force;

• Examination language is Spanish;

• Pharmaceutical and biotechnology inventions are subject to strict examination criteria;

• Granted patents are recorded and published by OCPI in the official registers and bulletins.

Industrial design protection

Legal basis

• Industrial Property Law (Decree-Law No. 290/2011) and its implementing regulations.

Scope of protection

• The external appearance, shape, ornamentation, patterns and colour combinations of a product;

• Covers both industrial products and handicraft designs.

Term of protection

• Protection lasts for 10 years from the filing date and is not renewable.

Examination procedure

• Average examination period is around 6‑9 months;

• Examination language is Spanish;

• Only formal examination is carried out; creativity and novelty are not substantively assessed.

System features

• A single registration is valid throughout the territory of Cuba;

• Multiple designs may be included in a single application where they meet the legal requirements;

• Cuba has not yet acceded to the Hague Agreement, but is preparing an international route for design registration;

• Official database: OCPI Diseños Industriales.