This modality, which also protects human activity, keeps inventions through patents, copyright and trademarks, which allow recognition or payment for inventions or creations, while it promotes an environment oriented to the prosperity of creativity and innovation.
In that sense, 26Digital talks with Keila Borrero Reinaldo, specialist of Industrial and Legal Property of the Center for Technological and Environmental Information of Las Tunas, who updates us on these issues in the current Cuban context and how its contribution favor economic development.
The specialist says that "at this time in which it is said that everything is invented, which it is not true at all and it is necessary that people respect the creations of third parties and respect their own creation. Besides, many times we have scientific results and we do not register it, or we don't even know if another person has similar results and we could be violating their rights and that is unfair competition, a matter with great importance for both natural and legal persons."
In the self-employed sector, how does IP influence in its distinctive signs?
Borrero Reinaldo said that "from the moment that the private sector is required to have these symbols placed on posters, they have the obligation to register it in order to keep it on their cartel."
"Next December 7th, it will be established that all these signs that have a distinctive symbol that is not registered are going to be removed, precisely to respect the right of trademarks.
"In our province, there has not been an accelerated movement of these registration issues, with respect to other provinces of the country, but we must bear in mind that this is a national matter. If a natural person registers a name to their property, then when another one arrives with the same term to register it, it will be in the name of a third party and will not be able to recognize it."
Does it mean that promotion of services will be forbidden?
"Indeed, since the brand already exists, the other interested person cannot make publications on the Internet with that name, or business cards, much less posters, since it could be judged by the law that protects the IP.
"It also happens that there are people who have not registered their brand and have had their businesses established in the market for several years, and others, who registered it with the same name, could even use the brand name to establish themselves in commerce and in industrial property the first in time, is also the first in law.
Here, the question includes the two forms of management: state or not, because if one of our Companies does not register its brand to differentiate itself from the others, and a third party comes, which can be self-employed, and registers it in his or her name, automatically the latter takes advantage of position in the market with that qualifier and is awarded it.
The first step: search and interference
"Several people arrived at our institution requesting the search and interference service. Then, they collected their results, went to the registration departments of the Cuban intellectual property offices, and are already in the process. However, there are many who have not even done the searches. This delay damages their position in the market; they could find a large list of registered signs, which will not allow you to request yours.
"We, from the Center of Information and Technological Management, located in the city, accompany you in the first steps and give you advice during the entire period of procedures."
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