Cuba: Key elements of the. Draft Law on Access to Genetic R

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• Emilia Lara Diaz, M.Sc.
• Deputy-Director
• Oficina Cubana de Propiedad Intellectual
• Experiences and perspectives of Cuba

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Cuba Key elements of the Draft Law on Access to
Genetic Resources

• (1) Sustainable use of genetic resources
• (2) Access to genetic resources and associated
  TK subject to Prior Informed Consent (PIC),
  granted by competent authority
• (3) Requirement to obtain approval by
  communities holding TK for PIC
• (4) Fair and equitable benefit sharing and
  results of RD, taking into account the interests
  of the holders of TK

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Cuba Key elements of the Draft Law on Access to
Genetic Resources

• (5) Contractual arrangements for acces on
  mutually agreed terms, incluidng access access to
  technology
• (6) Commonly held IPRs deriving from PIC

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Cuba Additional conditions of a system to
protect TK

• Recognition of
• (1) Rights of local communities with regard to
  TK, even if the knowledge is in the public domain
• (2) Rights of local communities to control the
  use of TK, even if the knowledge is in the public
  domain
• (3) Rights can be collectively-owned
• (4) TK can be owned simultaneously by different
  communities

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Cuba Additional conditions of a system to
protect TK

• (5) Need to identify TK associated to genetic
  resources before recognizing rights and
  granting authorization to access
• (6) Take into account TK in patent examination,
  incorporating in prior art
• (7) Prepare a data base on TK so that patent
  officers can control existence of prior art
• (8) Registers to be voluntary register should
  not be a condition for recognition of rights
  associated with TK

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Cuba Additional conditions of a system to
protect TK

• (9) Creation of an international database useful
  to patent offices and legal authorities
• (10) Harmonized classification to facility easy
  access to database information
• (11) Granting of any patent subject to
  certification of contractual arrangement on
  access and PIC of country of origin
• (12) Patents to be denied or revoked in case of
  non-compliance

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Cuba Additional conditions of a system to
protect TK

• (13) Ensure that the use of any rights over TK
  should not prevent other communities from using
  their rights over TK
• (14) Biological resources, including genetic
  reosurces and substances, existing in nature,
  should not be considered as invention and should
  not be patentable.