Intellectual property in Cuba: A critical look at its constitutional recognition

Abstract

The objective of this study is to determine the need to constitutionally endorse the recognition and protection of intellectual rights in Cuba, based on a theoretical and comparative law analysis of the subject. The Cuban Constitution of 1976 does not expressly recognize intellectual rights, given the controversy that these rights may constitute a brake on access to knowledge and innovation. However, in this research we propose that intellectual rights be consecrated as constitutional rights, which constitutes a stimulus for the creation and dissemination of said knowledge in the various fields of human endeavor. The new constitution put into effect in Cuba in this year 2019, already expressly recognizes this type of rights.