INTERNATIONAL LAW

GOING BEYOND THE US BORDERS | BUSINESS LAWYER MIAMI

Our intertwined business and commercial relationship with the rest of the world makes it imperative to have a reliable network of foreign associates. For over thirty years, Sanchelima & Associates, P.A. has cultivated a network of the most specialized and dedicated professionals overseas. This permits the firm to readily extend the protection secured for its clients to the most remote jurisdictions. Our firm represents clients and Fortune 500 companies around the world thanks to its network of foreign associates.

Using the most effective combination of national laws and treaties, Sanchelima & Associates, P.A. can evaluate and propose the most effective coverage to its clients. This evaluation takes into consideration several factors, including the technology and business objectives involved, as well as the level of enforceability applied in each country or region.

The firm has developed special expertise in protecting its clients intellectual property rights in Cuba where government regulations make this task a highly specialized undertaking. This is especially true for the maintenance and enforcement of registrations with ever changing political conditions displayed by the U.S. and Cuban governments. Keeping track of IP laws in both countries needs to be supplemented with constant monitoring of OFAC (Office of Foreign Assets Control) and Commerce Department regulations.

In Latin American the use of almost forgotten Pan-American treaties can bring unexpected results not only in the foreign countries but also in the US tribunals.

The other better-known multi-lateral treaties such as WTO, NAFTA, CAFTA and an ever-increasing number of bilateral treaties may bring lower costs of prosecution and enforcement to our clients. In addition, regional treaties are also explored, such as the Andean Pact, London Treaty, European Community and other treaties, to optimize the scope of protection for established budgets.

Due to our extensive experience, we are able to provide comprehensive and cost effective services, including trademark registrations nationwide and worldwide.

We are ready to become a part of your team to expand the protection of your companys goodwill overseas and look forward to an opportunity to help you.

CUBA

Our firm also specializes in Intellectual Property protection in Cuba, working to meet our clients’ needs in every aspect related to counseling, litigation and prosecution. Because we are recognized as a leading source of intellectual property in Cuba, we endeavor to provide prompt, professional service. Our team has extensive experience with the process of filing and registering trademarks, patents and copyrights relative to Cuban law & Franchise Attorney Miami.

Our firm has the relevant experience in every area of Intellectual Property protection to ensure works comply with Cuban law. We assist our clients with:

• Patent, Trademark, and Copyright registration

• Intellectual Property Litigation

• Management of Global Intellectual Property portfolios

• Drafting and negotiating various agreements including licensing, ownership, software and outsourcing

 

TRADEMARKS

With knowledge of Cuban trademark legislation, our firm will work with our clients trademark matters when necessary. We look at issues such as unfair competition; counterfeiting; prosecuting trademark applications; and, oppositions and cancellations of trademarks.

Changes to Cuban trademark legislation accommodate the new Decree-law 203, which is advanced legal protection even in a closed market and communist economy. Under this new legislation, works such as fragrances, colors, and three-dimensional objects receive trademark protections.

Additionally, this new legislation has provisions for customs enforcement and preliminary relief. The purpose is to update the country with the World Trade Organization (WTO) requirements, particularly the Trade-Related Aspects of Intellectual Property (TRIPS). Clients could receive preliminary relief through seizure or a 20 day temporary restraining order when trademark rights are violated.

Continued protection may occur after the 20 days if a judicial action is instituted with an ex parte application. Likewise, a customs injunctive relief is issued for 10 days with extended protection for an additional 10 days. Whether clients seek a preliminary or customs injunctive relief, bond is necessary to guarantee damages if proceedings are not justified. This process is very similar to the way piracy is fought in other countries.

 

PATENTS

Lifting the U.S. embargo notwithstanding, the indifference towards Cuba’s patent laws should not be deemed superfluous. Rather, the changes to legislation may lead to increased business activity. Such changes highlight the difference in the advancement of social policies relative to intellectual property law. This may lead to unpredictable results when litigation occurs surrounding a patent law issue.

Cuba has numerous commitments as part of multilateral treaties regarding international intellectual property legislation. Some of these treaty commitments include:

• Paris Convention for the Protection of Intellectual Property

• Strasbourg Agreement on Patent Classification

• Budapest Agreement on Microorganism

• Madrid Arrangement and Madrid Protocol –concerning trademark

• Santiago Convention of 1923

• Nice Agreement on Classification of Goods and Services

• Buenos Aires Convention of 1910

• Pan-American Convention of 1929

• Universal Copyright Convention

• Berne Convention for the Protection of Literary and Artistic Works

• Vienna Agreement on Classification of the Figurative Elements of Marks

• Lisbon Agreement on Appellations of Origin

• World Intellectual Property Organization (WIPO)

In addition to the above list, the Cuban government has signed the following Geneva treaties, even though neither is yet enforceable:

• Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs

• Patent Law Treaty

Cuba is positioned to have an infrastructure to protect intellectual property rights as it participates in international trade.