By Alejandra Garcia on December 11, 2024
On Tuesday, the Cuban Ministry of Foreign Affairs rejected “in the most categorical terms” the so-called “Act to not recognize stolen trademarks in the United States”, recently signed by outgoing President Joe Biden. In yet another further attempt to strengthen the almost century-old blockade, the White House announced this new political move to widen the theft of authentic Cuban trademarks registered in that North American country.
In a statement, the Foreign Affairs Ministry denounced that the legislation, “promoted by anti-Cuban sectors in Congress”, is a new unilateral coercive measure that broadens the scope of section 211 of the Appropriations Act for fiscal year 1999.
But what are the implications of this law? According to the Dispute Settlement Body of the World Trade Organization, anyone who recognizes these laws is in violation of the international intellectual property protection system. In other words, Washington is offering a free pass and dealing a new blow to the international system for the protection of industrial property. It would not be the first time that the US felt they were above international law, especially when it comes to Cuba.
This measure “confirms the contempt of the United States for the institutions of international law, in particular, the Agreement on Trade-Related Aspects of Intellectual Property and the Paris Convention for the Protection of Industrial Property,” the Minrex stated.
The decision clears the way for companies such as Bacardi -current owner of the Cuban Havana Club rum distributed in the United States in the legal battle against Cuba for the well-known brand.
Two owners and one brand are involved in the commercial and political dispute that continues to put Cuban rum, and Cuba itself, on the Cold War map. On X, a page with the most folkloric photos of Cuba announces that it is the “official account” of Havana Club Rum. On that social network there is also another account of the same rum, with a different bottle and labeling, but claiming to be the “real” Havana Club.
The first one is made in Cuba, the second one in Puerto Rico. The first is represented by the state-owned Cubaexport. The second, by Bacardi.
Which of the two is more Cuban, which is the original or which should be marketed internationally are some of the questions surrounding the dispute. Now the Biden Administration is closing the doors to the Government of Havana to dispose of certain brands in U.S. territory.
Just few weeks away from the inauguration of President-elect Donald Trump, the outgoing administration insists on maintaining a hostile attitude against the island. And the future of relations is not viewed with optimism, when the new Trump era arrives with names like Marco Rubio, one of the main defenders of the policy of hatred maintained for decades by successive White House administrations.
Source: Resumen Latinoamericano – English