The Cuban delegation of ASIPI held a roundtable at the headquarters of the National Union of Jurists of Cuba on March 9, 2018.
The professor of industrial property of the Faculty of Law of the University of Havana, Liudmila Morán Martínez, presented the subject to debate on the analysis of patent regulation from the perspective of technology transfer.
She delved into the novelties of the Law Decree 290 OF THE INVENTIONS AND DRAWINGS AND INDUSTRIAL MODELS, of 20/11/2011, which entered into force since April 16, 2012.
Several questions were asked about the best way to describe the invention and if it is contradictory with the granting of a business secrecy license contract, deepening the regulation of the matter at an international level.
It was specified by the aforementioned professor, that in developed countries it is stipulated that the description contemplates at least one way to carry out the invention, it is not required that it be the “best way”.
A contrario sensu in the developing countries, mainly in Latin America, provide that the invention be sufficiently described, indicating the “best way of execution”.
We commented on the international trends on the regulation of exclusive licenses of patents in Comparative Law, delving into the special legislations in patent headquarters in different countries such as: Brazil, Argentina, Costa Rica, Colombia and Mexico.
The necessity of the annotation of the patent license was argued to be effective against third parties; as well as the active legitimation to act in cases of infringement of rights.
Ample debate was generated among the members of the Cuban delegation of ASIPI and guests, regarding the fundamental clauses of international patent licensing contracts.