31 C.F.R. § 515.528

Certain transactions with respect to blocked foreign intellectual property

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(a) The following transactions by any person who is not a designated national are hereby authorized:

(1) The filing and prosecution of any application for a blocked foreign patent, trademark or copyright, or for the renewal thereof;

(2) The receipt of any blocked foreign patent, trademark or copyright;

(3) The filing and prosecution of opposition or infringement proceedings with respect to any blocked foreign patent, trademark, or copyright, and the prosecution of a defense to any such proceedings;

(4) The payment of fees currently due to the government of any foreign country, either directly or through an attorney or representative, in connection with any of the transactions authorized by paragraphs (a) (1), (2), and (3) of this section or for the maintenance of any blocked foreign patent, trademark or copyright; and

(5) The payment of reasonable and customary fees currently due to attorneys or representatives in any foreign country incurred in connection with any of the transactions authorized by paragraphs (a) (1), (2), (3), or (4) of this section.

(b) Payments effected pursuant to the terms of paragraphs (a) (4) and (5) of this section may not be made from any blocked account.

(c) As used in this section the term blocked foreign patent, trademark, or copyright shall mean any patent, petty patent, design patent, trademark or copyright issued by any foreign country in which a designated foreign country or national thereof has an interest, including any patent, petty patent, design patent, trademark, or copyright issued by a designated foreign country.

[28 FR 6974, July 9, 1963, as amended at 60 FR 54196, Oct. 20, 1995]

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Havana Club Holding, S.A. v. Galleon S.A., 961 F. Supp. 498 (S.D.N.Y. 1997).

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Havana Club Holding, S.A. v. Galleon S.A., 961 F. Supp. 498 (S.D.N.Y. 1997). “First, issues of reciprocity may arise in the context of trademark assignments, considering that United States companies have registered over 400 brands of products in Cuba pursuant to an OFAC general license found in 31 C.F.R. § 515.528 . See Declaration of Sara Marta Diaz…”

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