Abstract

VAZQUEZ DE ALVARE, Dánice. Brief References to the Agreement of Economic and Scientific-Technical Collaboration. Subjection with the Co-Ownership Agreement. Special Review of the Situation in Cuba. Rev. Fac. Der. [online]. 2019, n.46, pp.351-379.  Epub June 10, 2019. ISSN 0797-8316.  https://doi.org/10.22187/rfd2019n46a12.

The work is aimed at highlighting the importance of the economic and scientific-technical collaboration agreements and their link with the co-ownership agreement in Cuba, in the midst of a context where the updating of the economic model is closely followed on the basis of the Guidelines of the Economic and Social Policy of the Cuban Revolution, hence the connotation of their link with foreign investment, one of the pillars of the Industrial Property Policy approved in 2014.

The lack of international regulation of these figures, the regulation for the first time in Cuba of the contract of economic and scientific-technical collaboration and the role of co-ownership within these, stands out as something important because in the university and business field the practice leads to its incorporation for research, protection and commercialization of intangible assets.

This obliges us to refer to the clauses defined in the new regulation “Of the contractual provisions of industrial property in legal business”, which should be included in the agreements of economic and scientific-technical collaboration and refer also to the figure of co-ownership as it was regulated in the Cuban legislation on industrial property.

It also discusses how the Civil Code operates in its supplementary nature, in relation to co-ownership in Industrial Property modalities whose legal relationships are governed by special legislation, which only contain isolated articles in relation to the co-ownership regime.

The application of the presumption of equality and the principle of proportionality, voluntariness and equity brought from the civil right to intangible assets, are recorded as a solution for the calculation of the quota in the case of an intangible asset, a matter of great importance in determining of ownership in a co-ownership agreement.

Keywords : Collaboration Agreements; Co-ownership; Intangible Assets; University; Strategic Alliance.

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