WORLD TRADE
ORGANIZATIONIP/C/W/117/Add.26
15 November 2002
(02-6352)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS
OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Reponses to the Checklist of Questions1
Addendum
CUBA
This document contains the responses to the checklist of questions which the Secretariat has
received from the Permanent Mission of Cuba in a communication dated 17 September 2002.
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RESPONSES TO THE CHECKLIST OF QUESTIONS ON
GEOGRAPHICAL INDICATIONS (IP/C/13)
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law,
e.g., passing off, false designation of origin; through a formal procedure fornotification/registration before protection is available; or through both?  Does the recognition ofa geographical indication require registration?
No, they are not protected under unfair competition law;  such norms are contained in a draft
decree law which is still at the conciliation phase.
Under the regulations currently in force geographical indications include appellations of origin
and indications of source;  the former require registration in order to obtain protection, while the latterare not subject to registration.
2. Is there one single regime of protection of geographical indications for all products?  If
not, identify the different regimes.
Yes, there is one single regime of protecti on of geographical indications for all products.
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.IP/C/W/117/Add.26
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3. Do(es) the regime(s) of protection of geographical indications also extend to services?
Services are not included in the regime of protection of geographical indications.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws
should be provided and, if the texts of the laws have not been notified to  the WTO, copies should
be provided pursuant to Article 63.2.
The provisions of Article 22.2 and Article 23.1 of the TRIPS Agreement are given legal effect
in Decree Law No. 228 on Geographical Indications, of 22 February 2002.
5. If the required recognition of geographical indications is not provided through statutes
or regulations, please explain, in detail, th e mechanism or mechanisms through which the
protection required is provided.
The required recognition of geographical indications is provided through the above-
mentioned Decree Law No. 228 on Geographical Indications.
6. Please provide a few examples of domestic geographical indications protected in
accordance with the means discussed above and in dicate the means by which such protection is
provided.
Prior to the application of Decree Law No. 228, twenty (20) appellations of origin were
already protected:  eighteen (18) relating to tobacco, one relating to peloids (medicinal muds) and one
relating to mineral waters.  Special Provisions 3 and 4 of those regulations maintain the protection
afforded to the appellations of origin already registered.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the
TRIPS Agreement provided for any other product?  If so, please specify such products and the
law under which they are protected.
Decree Law No. 228 affords all products the higher level of protection provided under
Article 23 of the TRIPS Agreement.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Article 2 of Decree Law No. 228 defines geographical indications as "indications which
identify a good as originating in a country, a regi on or a place, where a gi ven quality , reputation or
other characteristic of the good is essentially attributable to its geographical origin".
9. Would such a definition comprise geographi cal indications identifying products of a
certain quality or reputation which are indirectly linked to a specific region?
This definition does not comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region.
10. In determining whether recognition should be given a geographical indication, what
criteria are considered?IP/C/W/117/Add.26
Page 3
In determining whether recognition should be given a geographical indication, consideration
must be given to whether the applicant has demonstrated the validity of the geographical name in
relation to the specific geographical area.  In addition, there can be no registration of geographical
indications that contravene public morals or public order, or of geographical appellations which are
generic of a product, or which have become a common name or designation of a product instead of
associating it or identifying it with its geographical origin.
11. Is there any human creativity involved in the making of specific products under
protection by the system of geographical indicati ons?  If so, how much?  And do these products
involve any human factors?
Human creativity may be involved in the making of specific products under protection by the
system of geographical indications.  It may be involved to any degree, provided that natural factorstogether with human factors contribute in some way to the process of making such products.
12. Are there any other intellectual property ri ghts involved, such as patents for example?
Other intellectual property rights such as patents may be involved, since the process for the
extraction, processing or production of a specific product related to an appellation of origin may be
patented.  Furthermore, the container in which the product is stored may be protected by an industrial
design or three-dimensional mark.  The use of appellations of origin may also be associated with the
use of trademarks or other distinctive signs.
13. What authority, if any, may define the geographical region or area for which rights are
claimed and on what basis is such definition made?
The authority authorized to define the geographical region or area for which rights are
claimed is the Directorate of the Hydrographic and Geodesic Service of the Republic of Cuba.
14. Does your legislation contain criteria for homonymous geographical indications for
wines?
There is no specific reference to homonymous geographic indications for wines, although in
fact the possible coexistence of identical appellations of origin is regulated.  The Office lays down the
form in which their use is to be distinguished in accordance with the methodology established to that
end, taking into account the need to ensure equitable treatment of the producers concerned and that
consumers are not misled.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
The legislation provides for recognition and protection of geographical indications or
appellations of origin of foreign countries.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country  of origin?  If so, please specify the relevant
statutory provision.
Decree Law No. 228 on Geographical Indications provides that an essential prerequisite for
the registration of foreign geographical indications is that they be protected in the country of origin.IP/C/W/117/Add.26
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C. PROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to ageographical indication?
The formal system for recognition of geographical indications only recognizes the right to the
use of them.  Registration and the right to the use of an appellation of origin may be requested by anynatural or legal person, either national or foreign, provided they are located in the area of extraction,processing or production of the product protected by the appellation, by associations of such personsin accordance with the legal provisions in force and by the subsidiary bodies of the CentralAdministration of the State and by the local organs of the People's Authority, provided that theirgovernmental activity is located in the area of extraction or production of the product protected by theappellation.
18. What are the competent authorities where the protection of a geographical indication can
be obtained?
The Cuban Industrial Property Office is the competent authority for obtaining protection of a
geographical indication.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
The procedure for the recognition of a geographical indication does not take place ex officio;
it is necessary for an authorized person to apply to the competent authority for registration.
20. What, if any, fees are involved in the application and maintenance of rights in a
geographical indication?
Both the application for and the granting of registration of a geographical indication are
subject to the payment of a fee.
21. If criteria must be set out in an application for recognition of a geographical indication,
are those criteria purely geographic in nature?
An application for recognition of a geographical indication is subject to several statutory
requirements, which are set out in detail in response to Question No. 23 of this questionnaire, and
which have to be fulfilled within a period of three months from the submission of the application.
Once registration has been granted, a fee must be paid within the period laid down;  otherwise it will
be considered to have lapsed.
22. What other criteria, if any, must be set out in an application for recognition of a
geographical indication?
As distinct from applications for registration of national geographical indications, other
criteria apply in the case of applications for registration of foreign geographical indications.  Thesemust contain, inter alia , a certificate from the institution with which the geographical indication is
registered in the country of origin proving that registration has been granted, its validity in thatcountry and the applicant's right to use it.IP/C/W/117/Add.26
Page 5
23. What information must be supplied in an application for rights in a geographical
indication?
An application for the registration of a national geographical indication must include, inter
alia, the name, domicile and nationality of the applicant, the appellation of origin being applied for
and the geographical area covered, the name of the product protected by the appellation and proof ofthe relation between the applicant and the geographical area delimited by the appellation.  Therequirements for applications for the registration of foreign geographical indications are listed in theprevious response.
24. Must the goods or services with respect to which a geographical indication is claimed be
set out?
The names of the products, a detailed description of the process of extraction, processing or
production, together with their characteristics and th e effects on them of the natural and human factors
of the geographical area, must be set out.  The current regulations do not provide protection forservices.
25. What mechanisms are provided to oppose the recognition of a geographical indication?
How is an investigation conducted after such a complaint?
The regulations provide for the submission of objections and comments following publication
of the application in the Official Industry Property Bulletin so that any interested person may object.Once the objection or comments have been submitted, the Office notifies the applicant so that he maystate his position. In any event, the Office may request documentary evidence from persons andinstitutions able to provide specialized opinions on the fulfilment of the requirements for granting legalprotection to a geographical indication.
26. Who can oppose the recognition of a geographical indication?
A holder of a prior industrial property right who considers himself affected by the application
for registration may oppose recognition;  similarly,  any other interested person may submit comments
relating to the application for registration.
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
Any foreign natural or legal person may apply to the Office for the registration of a foreign
appellation of origin on condition that it is already currently protected in the applicant's country of
origin, and provided the applicant can prove his rights to use it.  The rest of the procedure with regardto the foreign appellation of origin is similar to that for national appellations of origin.
Furthermore, our country is a party to the Lisbon Agreement and the regulations in force
stipulate that the procedure in this case must comply with by the agreements to which Cuba is a party.IP/C/W/117/Add.26
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D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
The rights to use geographical indications are granted for a period of ten (10) years from the
date of submission of the application and may be renewed indefinitely for similar successive periods.
29. If recognition of a geographical indication must be renewed or reaffirmed, what
information must be provided in order to effect such a renewal or reaffirmation?  Specify anyfees involved in renewal or reaffirmation.
The rights to use an appellation of origin may be renewed indefinitely for successive periods
of ten (10) years, for which purposes it is necessary to fill out a form providing information on theapplicant and on the appellation of origin which it is wished to renew.  This requires payment of a feeof $360, if the application is submitted in the six (6) months prior to the date of expiry of the
registration.  An application for renewal may also be submitted during a further period ofsix (6) months, beginning from the above-mentioned date of expiry, upon payment of the establishedfee, in which case there is a surcharge for delay, so that the total fee amounts to $430.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such
use determined?
The rights to a geographical indication do not need to be used for them to be maintained.
However, the regulations stipulate that a geographical  indication must be used in conformity with the
limits of the protection and in accordance with the established rules; otherwise it may be revoked.
In addition, the Office is responsible for the State inspection of the use of geographical
indications.
31. Is there a specified limit for non-use before rights in a geographical indication cease and,
if so, what is that limit?
There is no such limit.
32. Who monitors the use of geographical indications to determine if the criteria identified in
the application continue to be met?
State inspection of the use of geographical indications is the responsibility of the Cuban
Industrial Property Office.
33. If a government entity is responsible for monitoring the use of geographical indications,
what are its procedures for doing so?
The official body responsible for monitoring the use of geographical indications is the Cuban
Industrial Property Office, which proposes the measures that it considers appropriate for effective and
efficient State inspection of this activity.IP/C/W/117/Add.26
Page 7
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?
Describe the procedure.
Registration of an appellation of origin does not expire either through the mere lapse of time
or through the extinction of all the rights to its use. If a geographical indication is not used inaccordance with the terms set out in the application, the rights to its use may be revoked.  Non-use of
the geographical indication has no effect on the protection granted.
35. Do the procedures which lead to forfeiture of a geographical indication take place ex
officio or must they be based on the initiative of an entity or person?
The procedures which lead to forfeiture of a geographical indication may take place ex officio
or at the request of an interested party.
E. 
SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication aft er recognition is given or must additional criteria
or procedures be followed by that party before use is permitted?
Once registration of a geographical indication has been granted the applicant has the right to
its use and thus is able to use it without the need for any further procedure.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognit ion or the entity that obtained the recognition?
The determination is made by the entity or person that obtained the recognition.
38. Are there fees involved in  receiving authorization to use a particular geographical
indication and, if so, what are those fees and how are they established?
A document certifying the granting of the right to use a particular geographical indication is
issued upon payment of a fee of $170.
39. If there is a dispute regarding use of a geographical indication by a particular party,
what procedures are followed to resolve it?
If there is a dispute regarding use of a geographical indication, the interested party may, in the
first instance, request the Office to declare the registration null or cancelled and, in the event of failure
to comply with this ruling, may seek redress through the judicial system.
40. Must individual authorized users of a geog raphical indication use that geographical
indication continually to retain their right to us e it and, if so, how is their use determined and
how long will disuse be permitted?
Users authorized to use a geographical indication are not required to use it continually to
retain their right to use it.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
The regulations do not require any continuity of use.IP/C/W/117/Add.26
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42. Does the regime for protection of geographical indications allow geographical
indications to be licensed and, if so, what conditions are imposed on such licences?   If such
conditions are not met, what is the ef fect on the geographical indication?
The regime for protection of geographical indications does not allow them to be licensed.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the
TRIPS Agreement, applied in your country?
With regard to "grandfathered use", the regulations provide that, in exceptional
circumstances, nationals who for ten years preceding 15 April 1994 or in good faith preceding that
date have had continued and similar use of a particular foreign geographical indication identifying
wines or spirits in connection with goods or services may continue to use it for the same or relatedgoods or services.
F. 
RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
The regulations relating to trademarks and other distinctive signs provide, among the absolute
prohibitions on the registration of trademarks, that a sign composed exclusively of elements used for
purposes of trade to indicate the geographical source of a product or service may not be registered as a
trademark;  as a result, there can be no conflict between trademarks and geographical indications.  Inaddition, this regulation provides, among the relative prohibitions, that a sign which contains, or
consists of, a geographical indication protected in the country, whether the sign is applied to the same
products, or to different products or to services, may not be registered as a trademark if its use might
lead to a likelihood of association with the protected indication, or would involve unfair exploitation
of its reputation or renown, for which reason the registration of geographical indications is givenpriority over the registration of trademarks.
45. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Articles 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
The steps are set out in the response to question 44.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
In the event of conflict between a geographical indication and a trademark, the regulations
relating to geographical indications provide that the registration of a trademark that is phonetically orgraphically identical or similar to a registered appellation of origin may be cancelled at the request of
a party or ex officio, insofar as the trademark or trade name refers to the same products designated by
the appellation of origin, or to different products if its use could give rise to a risk of confusion or
association, or to unfair injury to its holder, or could constitute an act of unfair competition.
G. 
ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if theyhave not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.IP/C/W/117/Add.26
Page 9
The regulations provide that geographical indications shall be used in accordance with their
distinctive nature and, consequently, prohibit the use of any means by which the designation orpresentation or any other form would indicate or sugge st that the product in question originates from a
geographical place or geographical places distinct from the true place of origin, in such a way as tomislead or confuse the public as to the geographical origin of the product.
48. Who has the right to enforce a geographical indication?
The Cuban Industrial Property Office is the institution with authority to adjudicate in
proceedings involving a geographical indication, although appeals against its rulings may be madethrough the judicial system.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related
to geographical indications?  Are there fees involved and, if so, what are those fees?
The administrative body responsible for enforcement actions relating to geographical
indications is the Cuban Industrial Property Office, for which purpose the following fees are payable:
- Remedy of appeal:  $150.00;- re-establishment of rights:  $150.00;- proceedings to nullify, cancel or  revoke rights of use:  $250.00;
- the judicial body responsible for hearing appeals against the decisions of the Cuban
Industrial Property Office is the Provincial Court of the City of Havana.
50. Must the public be notified of the existence of a geographical indication and, if so, how
and how often?
The Official Industrial Property Bulletin publishes applications and concessions of rights to
use a geographical indication.  It is published monthly.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPSAgreement, please provide a copy.
There is no provision in the Penal Code for this kind of offence, although a draft amendment
has been prepared with a view to punishing unauthorized use of a geographical indication.
H. 
INTERNATIONAL AGREEMENTS
52. Is your Government party to an international, including bilateral or plurilateral,
agreement for the notification and/or registration of geographical indications?  If so, pleasename the international agreement and explain the relationship between it and your nationallegislation.
Cuba is a party to the Lisbon Agreement for the Protection of Appellations of Origin and
Their International Registration and is a signatory to three bilateral agreements with France, Germanyand Peru.IP/C/W/117/Add.26
Page 10
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
Cuba is also a party to the 1883 Paris Convention, the 1891 Madrid Agreement for the
Repression of False or Deceptive Indications of Source on Goods and the 1995 TRIPS Agreement.
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