BUSINESS BRIEF: COSTA RICA
“PROMPT FILING OF A COPYRIGHT REGISTRATION APPLICATION AT THE COPYRIGHT OFFICE ENABLES THE AUTHOR TO ESTABLISH A PUBLIC RECORD OF HIS CLAIM.”
Copyright Office enables the author to establish a public record of his claim and establishes a presumption that the copyright is valid.
What is the best way to deal with infringement, and what are the costs associated with it?
Copyright owners could take action to enforce their IP rights in criminal courts and civil courts to seek injunction of continued sales, damages, fixed damages as well as attorney’s fees. In most cases, litigation against infringers vary on their timeframe of prosecution and thus, attorney’s fees will vary as well.
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? Te crime related to IP rights is non-conventional, because it has characteristics of economic crime, white-collar crime and international organised crime. Counterfeiting is a major issue in Costa Rica and one of owners.
the largest concerns for IP
What industries are particularly at threat? Te largest issue remains in toys, designer wear, sportswear, shoes, drinks and alcohol, music, films and computer soſtware and cosmetics. However, brand name drugs and car parts are also subject to this problem.
What are the best strategies for dealing with the problem?
IP rights owners should monitor and oversee the activities of their local operations, and their competition, to avoid infringement of their IP
www.worldipreview.com rights. Furthermore, given the potential for
financial damage, it is vital to establish a well- organised IP enforcement policy so that in the event of any infringement, there is fixed standard of how to exercise the owner’s rights.
General
Are there any legislative changes to the IP regime that would make life easier for businesses?
Te Ministry of Health presented to Congress the Biomedical Research Law bill which includes the regulations for clinical research. Te proposed bill aims to ensure and protect the rights of life, health and human dignity of those involved in clinical research, without neglecting the freedom of
research and scientific experimentation,
all within a regulatory framework of human research.
Te bill was approved during the first voting session on November 2013 and since then is being studied by the Constitutional Chamber due to a consultation made by several congressmen. In the absence of any objection by the chamber, the bill will undergo the second voting session that would finally enact the new law.
María del Pilar López is the partner responsible for overseeing Zürcher Lawyers intellectual property practice. She can be contacted at:
plopez@zurcherip.com
Esteban Monge is an attorney at Zürcher Lawyers. He can be contacted at:
emonge@zurcherip.com
María del Pilar López handles all aspects of IP practice, assisting companies with
strategic portfolio development
and management, counselling on the registration
of rights, enforcement
policies, advertisement and promotion of innovations.
Esteban Monge provides advice on a variety of areas of IP law, including client counselling on aspects such as product development and testing, advertisement, regulatory compliance and enforcement strategies.
World Intellectual Property Review Annual 2014 115
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