Havana Nocturne: greetings from Cuba… and Uruguay

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Havana Nocturne: greetings from Cuba… and Uruguay

lewis-aipla.jpg

As part of my yearlong Presidency, I will be traveling on behalf of AIPLA to promote IP in America and American IP interests around the world.

aiplalogospelled.jpg

lewisjeff200.jpg

pbwt-stack-2line-280.jpg

I am currently on my first international trip, leading an AIPLA delegation to Cuba, after which I will be going directly to Uruguay for a meeting of the South American IP association ( ASIPI).

Since I don't know very much about the 20th Century history of Cuba, I recently read the book "Havana Nocturne" by T.J. English. The book was recommended to me by Past President Bill Rooklidge – although I originally wrote down the name incorrectly and could not find it until a helpful book store employee directed me to the true crimes section.

The book deals with the history of the mob’s involvement in developing the tourism/casino industry in Havana during the 1940s and 50s. I’m told that you can still see remnants of the work by Lucky Luciano and Meyer Lansky in the various hotels around Havana, so I’m curious to find out how the book compares to what we see during our visit.

After Cuba, I will travel to Punta del Este, Uruguay (via Miami) for the ASIPI conference. Punta del Este is a walled city and it is supposed to be one of the most gorgeous places on earth.

My ASIPI hosts have asked me to participate in a panel discussion on the restorations of Paris Convention Priority Rights under the Patent Cooperation Treaty.

Although the U.S. signed the Patent Law Treaty on procedural patent harmonization in 2000, this issue is ripe and before Congress because the Implementation Act is just now (finally) moving through Congress as part of The Patent Law Treaties Implementation Act of 2012.

I do have to admit that prosecution is not my primary focus at Patterson Belknap these days, so I’m a little rusty on Patent Cooperation Treaty. I therefore reached out to the leadership of the AIPLA’s PCT Committee, and with the help of Jay Erstling and Brooke Schumm, AIPLA Deputy Executive Director for International and Regulatory Affairs, Al Tramposch, and Board member Carl Oppedahl, I got back up to speed quickly.


"Although the U.S. signed the PLT in 2000, the Implementation Act is just now (finally) moving through Congress"


If an applicant misses the one-year deadline, under the Paris Convention to get the benefit of an earlier filing date (and therefore avoid some invalidating prior art), each contracting country can restore those rights.

But the country can have its own standards. The U.S. standard recognizes an inadvertent failure to perfect Paris Convention rights, and does not require a showing that the applicant exercised "due care," one of the two possible standards set out in the 2000 Patent Law Treaty.

Some offices, such as the European Patent Office, require the due care standard but will not restore rights when it is merely inadvertent. Stay tuned and I will let you know how it goes.

Thanks for reading.

more from across site and SHARED ros bottom lb

More from across our site

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article