. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/321/Add.1
20 November 2001
(01-5872)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Responses from Cuba to Questions Posed by Switzerland
Addendum
By means of a communication from the Permanent Mission of Cuba, dated
14 November 2001, the Secretariat has received the following responses to the questions posed by
Switzerland, as circulated in document IP/C/W/315.
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A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and
processes in all fields of technology?  Are there any exceptions?  If so, please explain what theseexceptions are and how they comply with Article 27 of the TRIPS Agreement.
With regard to the questions concerning inventions, we should like to inform you that the
responses will be provided on the occasion of the review of the legislation relating to inventions and
industrial designs, since on this occasion only the legislation on trademarks and other distinctive signs
will be under review.
2. Please explain how your law implements Article 28.1(b) of the TRIPS Agreement and
indicate in particular how products obtained directly by a process patent are protected.  Please
cite the relevant provisions of the law.
See the response to question No. 1.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
See the response to question No. 1.
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
See the response to question No. 1.IP/C/W/321/Add.1
Page 2
5. Please indicate the term of protection granted to patents according to your law.
See the response to question No. 1.
6. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
See the response to question No. 1.
B. PROTECTION OF UNDISCLOSED INFORMATION
7. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for marketauthorization of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring  to, the original data of the first applicant,
when applying subsequently for market auth orization for a similar product.  Does your
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
With regard to the protection of undisclosed information, it is planned to include it in the draft
Decree Law on Protection against Unfair Competiti on, which will not be subject to review on this
occasion.
C. 
ENFORCEMENT
8. Please indicate remedies provided by your legislation which constitute effective
deterrents to infringements of intellectual property rights.
With regard to the questions relating to enforcem ent, please refer to the responses provided in
the Checklist of Issues on Enforcement.1
9. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
With regard to the questions relating to enforcem ent, please refer to the responses provided in
the Checklist of Issues on Enforcement.1
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1 Document IP/N/6/CUB/1.