381. The representative of Cuba emphasized that the new IP legislation presented under item 1 by Cuba was the result of enormous efforts made by a developing, blockaded and resource limited country to bring its domestic provisions into conformity with the WTO Agreements. Cuba took the floor to inform the TRIPS Council of the unlawful situation that surrounded the ownership of the Cuban rum trademark "Havana Club" in the United States because of the supposed inability of that Member's institutions to bring the provisions of Section 211 into line with the TRIPS Agreement and the Paris Convention, as stipulated more than ten years before by the WTO Dispute Settlement Body. Cuba reiterated its complaint that the treatment applied to the aforementioned trademark in the US territory was entirely at odds with the protection of the most basic IPR, which was paradoxical when the Member concerned claimed to be a leading defender of those rights. Hence the relevance of Cuba's open and transparent treatment of this issue within the framework of the TRIPS Council.
382. With regard to the functioning of the TRIPS Agreement and compliance with its provisions, it was very worrying to see that the US Government appeared to be making no effort to resolve the impact that that situation was having on the Cuban holder of the Havana Club trademark. In this light, the Cuban Government would continue to monitor the development of this issue and to conduct an in-depth assessment of its consequences. Cuba also reserved the right to discuss this issue again at future Council meetings or before the relevant WTO bodies.
