In accordance with the reply to question 21, it is observed that the Criminal Code in force, Law No. 62, provides that a custodial sentence of six months to two years or a fine of 200 to 500 "cuotas" (units of account), or both, shall be applicable to: - An inventor who, without authorization from the competent body or official, registers, facilitates disclosure or authorizes another person to use abroad an invention made by him in Cuba; - any other person who registers, discloses or uses abroad, without proper authorization, an invention made in Cuba, irrespective of the reason for his having knowledge of that invention. Similarly, Law No. 87 of 26 February 1999 amending the Criminal Code, under Chapter III on Transmission, Illegal Possession of Cultural Assets and Counterfeiting of Works of Art, Article 246, provides as follows: - "A custodial sentence of one to three years or a fine of 300 to 1000 "cuotas" (units of account), or both, shall be imposed on anyone who, to the detriment of its creator or of the cultural heritage, counterfeits or traffics a work of art", and goes on to state that "if serious injury is caused as a result of the offences provided for in the preceding subparagraph, the penalty shall be a custodial sentence of two to five years". Legislative Decree No. 175 of 17 June 1997 amending the Criminal Code provides in Article 4 amending Article 28.1 of Law No. 62 that sanctions may be of two kinds, primary and secondary. Primary sanctions, which may be applicable to natural persons, are provided for in Article 28.2, under subparagraphs (b) imprisonment; (c) custodial corrective labour; (ch) non-custodial corrective labour; (d) limited freedom; and (e) a fine. The following secondary sanctions may be applicable to natural persons under Article 28.3: (a) deprivation of rights in cases where imprisonment is the primary sanction; (c) prohibition on the exercise of a profession, post or trade; (f) seizure of the effects or instruments of the offence; (g) confiscation of goods. Article 28.4 of Legislative Decree No. 175 provides that "the primary sanctions applicable to legal persons are the following: (a) dissolution, which consists in the liquidation of the legal person; (b) temporary closure; (c) temporary or permanent suspension of the licence to engage in specific activities and transactions; (ch) a fine. Article 28.6 provides for the following secondary sanctions: (a) seizure; (b) confiscation of goods.
[Answer 21: The Criminal Code in force, Law No. 62 of 27 September 1987, as amended by Legislative Decree No. 140 of 13 August 1993, by Legislative Decree No. 150 of 6 June 1994, by Legislative Decree No. 175 of 17 June 1997, and by Law No. 87 of 26 February 1999, includes the definition of an offence related to the infringement of industrial property rights, namely Article 226 which provides that: "A custodial penalty of six months to two years or a fine of 200 to 500 quotas, or both, shall be incurred by: (a) An inventor who, without authorization from the competent body or official, registers, facilitates disclosure or authorizes another person to use abroad an invention made by him in Cuba; (b) any other person who registers, discloses or uses abroad, without proper authorization, an invention made in Cuba, irrespective of the reason for his having knowledge of that invention." Similarly, Law No. 87 of 26 February 1999 amending the Criminal Code, under Chapter III on Transmission, Illegal Possession of Cultural Assets and Counterfeiting of Works of Art, Article 246, provides as follows: "A custodial sentence of one to three years or a fine of 300 to 1,000 "cuotas" (units of account), or both, shall be imposed on anyone who, to the detriment of its creator or of the cultural heritage, counterfeits or traffics a work of art" and goes on to state that "if serious injury is caused as a result of the offences provided for in the preceding subparagraph, the penalty shall be a custodial sentence of two to five years". However, it should be emphasized that a draft legislative decree on industrial property offences is currently under consideration, as is a draft legislative decree on copyright, and that both include provisions complementary to Cuba's obligations in this field.]