. /.WORLD TRADE
ORGANIZATIONIP/C/W/321/Add.4
16 January 2003
(03-0210)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Replies by Cuba to Questions Posed by the European
Communities and its Member States
Addendum
By means of a communication from the Permanent Mission of Cuba, dated
17 September 2002, the Secretariat has received copies of the following responses to the questions
posed by the European Communities, as circulated in document IP/C/W/320.
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CUBA
D. GEOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
The trademark registration authority, the Cuban Industrial Property Office, may refuse a
trademark application, given that the regulatory provision on this industrial property measure
establishes, as an absolute prohibition on trademark registration, that a sign composed exclusively of
indications used in trade to designate the geographical origin of a product or service may not be
registered as a trademark. This provision also states, as a relative prohibition, that a sign whichcontains or consists of a geographical indication protected in Cuba, and which applies to the same
products, different products or services, may not be registered as a trademark if its use would result in
the likelihood of mistaken association with the protected indication or would involve unfair
exploitation of its reputation and renown.
16. Please give the definition of a geographical indication in your legislation.
The existing regulatory provision defines geographical indications as those which identify a
good as originating in a country, region or locality when a given quality, reputation or other
characteristic of the good is essentially attributable to its geographical origin.
17. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
Cuban legislation, both in its definition of geographical indications and in the concept of
"appellation of origin" therein, provides for the double link between the geographical name used as a
denomination and the product identified by the sign; in this respect, it establishes that the appellationof origin is the geographical denomination or another sign relating to a country, region or localityIP/C/W/321/Add.4
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used to designate a product which originates therein, when a given quality, reputation or other
characteristic is essentially attributable to its geographical origin, including natural and human factors.
18. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products , if any, covered by this additional protection.
The regulatory provision grants the additional protection established in Article 23 of the
TRIPS Agreement  for wines and spirits to all products.
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
The regulatory provision incorporates the exceptions provided for in Article 24.4 and 24.5 of
the TRIPS Agreement. No such cases have been heard in our courts. We are unaware of the existenceof lists containing generic names.
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