Cuba Says It Has Protected 5,000 US IPRs, While US Violates Its Rights

Cuba has been trying for many years to get the United States to undo a law that prevents Cuba from defending a rum brand trademark in US courts. This week at the World Trade Organization, the Caribbean country said during this time it has dutifully protected the intellectual property rights of more than 5,000 US products, while the US has allowed violations of Cuban patents and trademarks.

The WTO Dispute Settlement Body (DSB) met today. At issue is the longstanding WTO case involving a 1998 US law, called Section 211, that essentially gave the rights to the Havana Club rum brand within the US to Bacardi, with no chance to challenge it in the US. In the rest of the world, a joint venture between the Cuban government and the French company Pernod-Ricard had the rights. In 2002, the DSB found the US in violation of WTO agreements.

“In all these years, Cuba has denounced to this Body how the violations of Cuban patents and trademarks in the US territory are protected under Section 211 and how the theft of the Havana Club brand is particularly legalized,” the Cuban statement to the DSB said.

“At the same time, Cuba has invariably and without any discrimination, respected its obligations under the international legal instruments related to Industrial Property,” the delegate said. “The Cuban government has ensured that more than five thousand US brands and patents benefit from being registered in our territory.”

Meanwhile, the US and Cuban governments are moving to regularise broader relations after many decades of blockade of Cuban products. The Cuban statement referred to this and included the rum case among issues it would like to have resolved under the restored relations.

In its statement to the DSB, the United States said it submitted a status report on 9 July (not made available), and that several bills in the US Congress would repeal Section 211. Other previously introduced legislation would modify Section 211, it added. The US said it would continue to work on resolution to the matter with the European Union, with which it has the dispute.

The EU for its part gave a very brief statement that it hoped the case would be resolved soon.

The WTO case number is DS176. The US status report is WT/DS176/11/ADD.151.