BUSINESS BRIEF: COSTA RICA
BUSINESS BRIEF: COSTA RICA Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
Patent applications should be filed before the competent authority shortly aſter the invention becomes known to others, since protection will not be granted if, more than a year before the patent application is filed, the invention has been disclosed or made available to the public anywhere in the world and by any means. Costa Rica is a member of several conventions and treaties that enable a local patent application to be adjustable for filing in other countries.
What are the costs for obtaining a patent, and what are the costs of defending it?
Te legal fees to prepare and file a patent application run from $1,200 to including the patent office’s
$2,000, fee. Paying the
final issue fee, including the patent office’s fee, will cost approximately $650. To the latter, you should add the fee for an expert, who conducts the substantive examination. Tat costs between $350 and $525. An opposition to your application will increase the fees.
Where can you find information on existing patents in your jurisdiction?
Searches about existing patents can be conducted at
the database of
complete title of the invention, the name of the owner or a Patent Cooperation Treaty number, for example. If a more precise search is required, it will be possible to ask the patent office to provide the information.
Is there anything unusual about the patent law that companies should be aware of, and what are the most common mistakes businesses make?
A key problem is a lack of knowledge of what is excluded from patentability. For example, inventions, the commercial exploitation of
the patent office, with the
which would have an impact on public order, morals, health or life of people or animals or the environment, are excluded from patentability. Furthermore, diagnostic, therapeutic and surgical methods for the treatment of people or animals are excluded from patentability.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
If a third party is using someone else’s invention, this should be brought to the attention of an IP attorney. If the use of the product or process is sheltered by an enforced patent, it should be considered to serve notice of a cease and desist letter. If the use continues, the owner is entitled to bring a civil action for patent infringement, seeking injunction against further use and seeking damages and attorney’s fees.
Trademarks
How do you register or secure trademark rights, and what protection does it grant? By means of a simple application procedure, registration of a trademark can be granted aſter six months if no actions are raised against it. Trademarks are registered on a ten-year term basis with the possibility to renew for a new ten-year period. Commercial names are valid during the time of operations of the business within the country. Trademark rights confer the right to impede third parties from using identical and/or similar marks.
What are the costs for registering a trademark, and what are the costs of defending it?
Te cost for applying and obtaining registration runs from $400 to $600, including legal fees, plus publication and official fees. If the application faces objections or oppositions, legal fees will range from $500 to $600. If supporting evidence is filed, translation and legalisation expenses should be considered as well.
114 World Intellectual Property Review Annual 2014
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?
Te key threat to trademark owners is counterfeiting. According to the provisions of the Dominican Republic-Central America-US Free Trade Agreement (CAFTA-DR) and Costa Rica IP legislation, the authorities can act ex officio and are empowered to seize merchandise suspected of infringing IP rights, without the need for a formal complaint from a private party or right holder. Nevertheless, such seizures cannot last more than ten business days aſter the holding of the merchandise, unless a judicial action is brought against the infringer.
What are the most common mistakes trademark owners make?
A common mistake is not clearing the mark with an IP attorney before applying for registration and/or launching it in the market. Companies should always make an effort to develop strong marks from the earliest stages of their enterprise’s development. Weak marks can be difficult to protect and enforce.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Large numbers of copyrightable works are constantly being copied by competitors in today’s exceedingly aggressive market. Counterfeit goods tend to be imported, although businesses within Costa Rica have been identified as producing counterfeited goods.
How should people ensure they are protected against copyright infringement?
Under the Copyright Law, a work is automatically protected by
copyright when it is created.
Neither registration in the Copyright Office nor publication is required for copyright protection under the present law. However, prompt filing of a copyright registration application at
the
www.worldipreview.com
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