Exception to Cuba Embargo for Intellectual Property Issues
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Trademarks in Cuba, commercial names in Cuba and patents in Cuba can be fully protected by U.S. individuals and corporations.
Back in 1995, during Bill Clinton’s administration, U.S. government enacted a regulation of exception on the U.S. Embargo imposed to Cuba back in 1961 exclusively for the protection of trademarks, patents, commercial names, copyrights (intellectual property) in this jurisdiction belonging to U.S. individuals or corporations. Thus, U.S. trademarks and patents should be protected by Cuban authorities and infringers prosecuted upon request of interested party to Cuban authorities. Likewise, U.S. government will protect intellectual property assets belonging to Cuban government.
Exception on Cuba Embargo for Protection of US Companies’ Intellectual Property
Part 515—Cuban assets control regulations
Subpart E—Licenses, Authorizations, and Statements of Licensing Policy
515.528 Certain transactions with respect to blocked foreign intellectual property.
(a) The following transactions by any person who is not a designated national are hereby authorized:
(1) The filing and prosecution of any application for a blocked foreign patent, trademark or copyright, or for the renewal thereof;
(2) The receipt of any blocked foreign patent, trademark or copyright;
(3) The filing and prosecution of opposition or infringement proceedings with respect to any blocked foreign patent, trademark, or copyright, and the prosecution of a defense to any such proceedings;
(4) The payment of fees currently due to the government of any foreign country, either directly or through an attorney or representative, in connection with any of the transactions authorized by paragraphs (a) (1), (2), and (3) of this section or for the maintenance of any blocked foreign patent, trademark or copyright; and
(5) The payment of reasonable and customary fees currently due to attorneys or representatives in any foreign country incurred in connection with any of the transactions authorized by paragraphs (a) (1), (2), (3), or (4) of this section.
(b) Payments effected pursuant to the terms of paragraphs (a) (4) and (5) of this section may not be made from any blocked account.
(c) As used in this section the term blocked foreign patent, trademark, or copyright shall mean any patent, petty patent, design patent, trademark or copyright issued by any foreign country in which a designated foreign country or national thereof has an interest, including any patent, petty patent, design patent, trademark, or copyright issued by a designated foreign country.
[28 FR 6974, July 9, 1963, as amended at 60 FR 54196, Oct. 20, 1995]
Part 515—Cuban assets control regulations
Subpart E—Licenses, Authorizations, and Statements of Licensing Policy
§ 515.527 Certain transactions with respect to United States intellectual property.
(a)(1) Transactions related to the registration and renewal in the United States Patent and Trademark Office or the United States Copyright Office of patents, trademarks, and copyrights in which the Government of Cuba or a Cuban national has an interest are authorized.
(2) No transaction or payment is authorized or approved pursuant to paragraph (a)(1) of this section with respect to a mark, trade name, or commercial name that is the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated, as that term is defined in §515.336, unless the original owner of the mark, trade name, or commercial name, or the bona fide successor–in–interest has expressly consented.
(b) This section authorizes the payment from blocked accounts or otherwise of fees currently due to the United States Government in connection with any transaction authorized in paragraph (a) of this section.
(c) This section further authorizes the payment from blocked accounts or otherwise of the reasonable and customary fees and charges currently due to attorneys or representatives within the United States in connection with the transactions authorized in paragraph (a) of this section.
[60 FR 54196, Oct. 20, 1995, as amended at 64 FR 25813, May 13, 1999]
