CostA RICA
GIVEn tHE stAtE of tHE IP LAW, IP oWnERs nEED to ACt
tHoUGHtfULLY AnD REsPonsIBLY to MAnAGE tHEIR RIGHts
Revisions to damages and penalties provisions: a
• Articles 51 to 63 (modifi ed): Provide for increasing prison sentences by
step forward
up to fi ve years and allowing the application of a fi ne stipulated by law for
copyright infringement. In other words, it is possible to apply for a prison
Both criminal and civil actions are available for other forms of IP, such as
sentence and/or a fi ne.
trademarks and copyrights, and congress revised several articles of the law
to strengthen the penalties for infringement:
Plant varieties protection: a step forward
• Article 40 (modifi ed): Provides that the resolution ending a criminal
Pursuant to its obligations under CAFTA, Costa Rica became a party
procedure must include an indemnifi cation ordering the infringer to pay
to the International Union for the Protection of New Varieties of Plants
the rights holder:
(UPOV) and on March 19, 2008 issued the Plant Variety Law. Th en, on
January 11, 2010, the Regulations for the Protection of New Varieties of
a) An adequate indemnifi cation, including but not limited to the benefi ts
Plants were issued.
that the rights holder would have obtained if such infringement had
not taken place In the past, only trade secrets protection was available for plant varieties in
b) Th e profi ts obtained by the infringer from the infringement. In
Costa Rica. With the new regulations in eff ect, plant variety rights holders
addition, judges should consider the value of the asset and/or service
may apply for protection at the National Seeds Offi ce. Generally, 20 years'
suff ering the infringement
protection will be granted, but for perennials, that increases to 25 years.
• Article 40 bis (new): Provides that in civil actions related to the infringement
strategies and guidance for managing and
of copyrights and trademarks, as an alternative to proof of damages fi led
protecting IP in Costa Rica—watch your step
by petition of the rights holder, the judge may apply predetermined
indemnifi cations (damages). While the basis for calculating the damages
While Costa Rica is moving its intellectual property system forward to fulfi ll
is subject to change, currently, the damages can be from approximately
its trading agreement commitments and its economic self-interest, not all
$200 to $121,500 in the case of copyright infringement, and from
the changes have been positive or implemented in a timely manner. Given
approximately $1,200 to $121,500 in the case of trademark infringement
the state of the IP law, IP owners need to act thoughtfully and responsibly
to manage their rights.
• Articles 44 to 48 (modifi ed): Provide for increasing prison sentences by
up to fi ve years and allowing the application of a fi ne stipulated by law for First, IP owners should conduct an audit of their intellectual property assets
trademark infringement. In other words, it is possible to apply a prison to assess the most cost-eff ective forms of protection consistent with their
sentence and/or a fi ne business plans in Costa Rica. Owners can conduct a preliminary audit
www.worldipreview.com World Intellectual Property Review Digest 2009 55
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