Governance of the Cuban Patent System through Ex Post Corrective Mechanisms
29 May 2018
Universidad de La Habana - Facultad de Derecho, Aula 5 La Habana, Cuba
Ernesto Guevara Fernández
Prof. dr. Frederik Swennen (Universiteit Antwerpen), Prof. dr. Esther Van Zimmeren (Universiteit Antwerpen) en Prof. dr. Freider Santana Lescaille (Universidad de Oriente, Cuba)
Joint PhD defence Ernesto Guevara Fernández - Faculty of Law (Universiteit Antwerpen and Universidad de Oriente, Santiago de Cuba, Cuba)
Gobernanza del sistema de patentes en Cuba mediante los mecanismos correctores ex post
In 2013, the Decree-Law No. 2011/290 has fundamentally changed the Cuban patent system, by a paradigm shift from a so-called certificate system towards a classical patent system compliant with international agreements on intellectual property (IP) law. Furthermore, current and planned reforms of the Cuban economic model will profoundly change the political, economic and social landscape in which the patent system will operate.
This PhD focuses on one aspect of the new Cuban patent system: ex post corrective mechanisms for public intervention. These mechanisms are tools used throughout the “lifecourse” of the patent and are aimed at mitigating dysfunctional use of the patent by the patent holder. Such mitigation measures are vital in the Cuban context, in which a balance between public and private interest is pursued that would support national development and would benefit the Cuban society at large.
The PhD analyses ex post mechanisms for public intervention through the lens of dynamic patent governance. This perspective allows offering a diagnosis of the insufficiencies of the Cuban patent system, on the one hand, and a critical assessment of the institutional design and current functioning of the overall Cuban patent system, on the other hand. The PhD reviews the toolbox of current corrective mechanisms and proposes new mechanisms to be considered in order to improve the Cuban patent system.
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