WORLD TRADE
ORGANIZATIONIP/N/6/CRI/1
20 March 2001
(01-1361)
Council on Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
CHECK-LIST OF ISSUES ON ENFORCEMENT1
Replies by Costa Rica
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have juri sdiction over IPR infringement cases.
Pursuant to Law No. 7979 of 6 January 2000, which amends Article 420 of the Code of Civil
Procedure, and Article 37 of the Law on Procedures for the Enforcement of Intellectual Property
Rights ( Ley de Procedimientos de Observancia de los Derechos de Propiedad Intelectual)
(Law No. 8039 of 12 October 2000), intellectual property  matters are heard by the civil courts in the
course of abridged proceedings.  This procedure is more expeditious than ordinary proceedings (seeArticles 420 et seq.  of the Code of Civil Procedure).   In cases of unfair competition relating to
trademarks and distinctive signs, however, the legislation stipulates that these are dealt with in
summary proceedings pursuant to Article 17 of the Law on the Promotion of Competition and
Effective Protection of Consumers ( Ley de Promoción de la Competencia y Defensa Efectiva del
Consumidor ) (Law No. 7472 of 20 December 1994), and Article 37 of the aforementioned Law on
Enforcement Procedures.
2. Which persons have standing to assert IP Rs?  How may they be represented?  Are there
requirements for mandatory personal appearan ces before the court by the right holder?
Owners of intellectual property rights or their re presentatives have standing to assert their
rights (see Article 102 of the Code of Civil Procedure).  Legal persons must act through theirrepresentatives in conformity with the legislation, their constitution or articles of association.
Pursuant to Article 118 of the Code of Civil Procedure, in order to act as a representative, the
power of attorney must be signed by the principal, or if he is unable to do so or is prevented from
doing so, by a person designated;  in both cases, the power must be duly authenticated by an attorneyother than the person to whom the power has been granted.  If a power of attorney is granted abroad,
it must be certified by the consulate.
In accordance with Articles 335 and 336 of the Code of Civil Procedure, a party is obliged to
respond in person to questioning when required to do so by the opposing party or ordered to do so bythe competent judge or if the attorney is not conversant with the facts.  If the party called on to
respond fails to appear without justification, refuses to make a statement or responds evasively –
despite receiving a warning – in the final judgement he may be considered guilty of the facts referred
to in the written questions.  If there have not been any written questions and the person wishing to
                                                     
1 Document IP/C/5.IP/N/6/CRI/1
Page 2
pose questions has appeared – but not the plaintiff – the judge may consider that these facts in the
statement have been proven.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
According to the Code of Civil Procedure and the Law on Procedures for the Enforcement of
Intellectual Property Rights (Law No. 8039), at the request of the opposing party, the judicial
authorities may order a party to a proceeding to produce the evidence which lies within its control.
Article 39 of the Law, for example, states that "In abridged proceedings or in cases of unfair
competition in the context of summary proceedin gs, where a party has identified any relevant
evidence to substantiate its claims and this lies within the control of the opposing party, the judge
shall be empowered to order him to produce it."
4. What means exist to identify and protect confidential information brought forward as
evidence?
With regard to undisclosed information (trade or industrial secrets), Article 39 of
Law No. 8039 on Enforcement Procedures states that when evidence within the control of the
opposing party is requested it must be produced, provided that its confidentiality is guaranteed.
In addition, Article 9 of the Law on Undisclosed Information ( Ley de Información no
divulgada ) (Law No. 7975 of 4 January 2000) provides that "In any administrative or judicial
proceedings in which one of the parties is required to present undisclosed information, the authority
hearing the case shall take all necessary steps to prev ent its disclosure to third parties not involved in
the dispute.  None of the parties to the proceedings may disclose or use this information."
5. Describe the remedies that may be ordered  by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- Injunctions;- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infr inging goods and materials/implements for
their production;
- any other remedies .
Injunctions
Article 186 of the Code of Civil Procedure prov ides that where a judicial measure has to be
executed in a place other than the place of the proceedings or has to be implemented by a judge or
court other than the judge or court which ordered the measure, the latter shall ensure compliance by
making a request, sending a petition or issuing an injunction, the form depending on the status of thejudge to whom it is addressed.  The Article also states that an injunction is the form to be used for
ordering the issue of certificates or testimonies and the conduct of any judicial procedure to be carried
out by the registrars, notaries, assistants or junior officers of the jurisdictional body (see Articles 186
et seq  of the Code of Civil Procedure).IP/N/6/CRI/1
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Damages, including recovery of profits, and expenses, including attorney's fees
Pursuant to Article 221 of the Code of Civil Procedure, in judgements when the case
examined has been resolved definitively by means of a ruling on the claim made in the complaint, and
in orders with the status of judgements when deciding on exceptions or incidental claims whichterminate the proceedings, the losing party shall be ordered to pay the personal and procedural costs,
including attorney's fees.
Moreover, Articles 8 and 9 of the Law on Procedures for the Enforcement of Intellectual
Property Rights (Law No. 8039) provide that if a preventive measure was requested prior to the
proceedings and a petition is not presented within one month from notification of the relevant
decision or if the preventive measure is annulled or for any other reason becomes without effect, anyperson claiming the right to compensation for injury caused as a result of imposition of the measure
shall make a request within one month to the body hearing the initial case.  If he does not make such a
request within this period or does not prove his right, an order shall be issued for the return of the
security for damages deposited.
Destruction or other disposal of infringing g oods and materials/implements for their production
Article 41 of the Law on Enforcement Procedures provides that, at the request of a party or ex
officio, the judicial authorities may order the seizure of the counterfeit or illegal goods that are the
subject of the request, either in the form of an interlocutory order or in a ruling.  The destruction ofthe goods or the materials/implements for their production, however, may only be ordered in a ruling.
In addition, the Law allows the possibility of donating the counterfeit or illegal goods to
charities or educational institutions, provided that the right holder has given his prior consent.
6. In what circumstances, if any, do judicial authorities have the au thority to order the
infringer to inform the righ t holder of the identity of third persons involved in the
production and distribution of the goods or services found to be infringing and of their
channels of distribution?
Articles 316 et seq  of the Code of Civil Procedure regulate matters relating to the furnishing
of evidence in civil proceedings.  Article 316 states that the judge shall ex officio order the productionof evidence available which is relevant and which is deemed necessary.  Article 318 indicates that
evidence includes statements by the parties and by witnesses.  In addition, Article 333 imposes on the
parties the obligation to give evidence and provides that, at any stage of the proceedings, the judge
may order the parties to appear in order to question them regarding the facts of the case.
Article 15 of Law No. 8039 contains a provision according to which, when the judicial
authorities have proof of infringement and upon request  by the right holder or his representative, the
customs authorities must communicate the name and addr ess of the shipper, the importer or exporter and
the consignee of the goods, as well as the volume and description of the goods withheld.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.  To
what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Article 8 of Law No. 8039 provid es that where a preventive measure has been adopted but no
petition is subsequently presented within the pres cribed period or where it is determined that no
intellectual property right has been infringed, the preventive measure shall be deemed to have been
annulled and the party which requested it shall be li able for the injury caused.  The injury shall be
compensated in accordance with the proce dure established for executing the ruling.IP/N/6/CRI/1
Page 4
In addition, Article 16 of the aforementioned Law – referring to ex officio action by the
customs authorities – states that, within 24 hours following the withholding of goods, the customs
authorities must inform the Public Prosecutor's Offi ce that one of the offences covered by the Law on
Enforcement Procedures has been committed.  If they fail to do so, the goods shall be returned and thecustoms authorities shall be liable for the injury caused in conformity with the provisions of the
General Public Administration Law ( Ley General de Administración Pública ) (Law No. 6227 of
2 May 1978).
With regard to the liability of public officials, Articles 199 et seq  of the General Public
Administration Law establish the liability of civil servants  vis-à-vis  third parties.  The Law also states
that any civil servant who has acted fraudulently or maliciously in carrying out his duties or in thecourse of his work, even if he only uses the means and opportunities afforded by his work, shall be
personally liable vis-à-vis  third parties.  Such cases also include officials who issue manifestly
unlawful acts and those who obey such acts, in conf ormity with the aforementioned Law.  In addition,
Article 201 of the General Public Administration Law provides that the Administration shall be
jointly liable with the official vis-à-vis  third parties for the injury caused by the official under the
conditions specified in the Law.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
According to the provisions on abridged proceedings laid down in Articles 420 et seq  of the
Code of Civil Procedure, any intellectual property ca se brought before the civil jurisdiction should last
for approximately four and a half months.  Nevertheless, depending on the complexity of the case and
the evidence, many such cases may last for around one or more years.
Regarding the cost of proceedings, there are no of ficial figures, but it could be estimated that
this type of case might cost between US$500 a nd US$1,000 depending on the complexity of the case
and the evidence.
Personal costs are determined on the basis of the amount claimed in the proceedings and are
usually a percentage that ranges from 20 to 25 per cent of this amount.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to  any administrative procedures on the merits
and remedies that may result from these procedures.
In view of the need to strengthen administrative  procedures in intellectual property cases and
thus avoid recourse to judicial channels, Articles 19 et seq  of the Law on Procedures for the
Enforcement of Intellectual Property Rights (L aw No. 8039) provide for the creation of the
Administrative Registration Court ( Tribunal Registral Administrativo ), which is a highly
decentralized body attached to the Ministry of Justice and Pardons with its own functional legalstatus, operational and administrative independence, and its rulings exhaust administrative channels.
This Court will be composed of five permanent members and five alternates apppointed for
four years.  They must have recognized expertise in registration and other similar matters and their
impartiality must be guaranteed.
The principles governing the Court's decisions are that the procedures are oral, of an official
nature, and are rapid, and that evidence must be produced in order to disprove statements or chargesIP/N/6/CRI/1
Page 5
resulting from a registration in the National Register, including the Register of Industrial Property and
the National Register of Copyright and Neighbouring Rights.
Cases relating to patents, industrial designs and models, trademarks and distinctive signs,
integrated circuits and undisclosed information are brought before the Industrial Property Register,whereas those relating to copyright and neighbouring rights come before the National Register of
Copyright and Neighbouring Rights.
The Law on Enforcement Procedures authorizes the Director of the National Register of
Copyright and Neighbouring Rights and the Director of the Industrial Property Register to order the
preventive measures established in Costa Rica's legal system.
Decisions by the Court must be taken within a period not exceeding 30 working days, which
can be extended by a further 30 days as of the date on which the case came before the Court.
In addition, paragraph 4 of Article 17 and Article 50 of the Law on the Promotion of
Competition and Effective Protection of Consumers (Law No. 7472 of 20 December 1994) authorizesthe Technical Support Unit of the National Consumers' Commission to hear complaints of unfair
competition relating to trademarks and other distinctive signs when such acts cause prejudice to
consumers.
In order to bring an action before the National Consumers' Commission, a complaint must be
submitted by a consumer, not necessarily the consumer injured by the alleged act.  Complaints are not
subject to any formalities and do not require authentication of the complainant's signature.
The Technical Support Unit must investigate the complaint, after which it transmits the file to
the National Consumers' Commission for a decision.  The Commission must take its final decision
within the ten days following receipt of the file and must notify the parties accordingly.
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Preventive measures are adopted taking into account the interests of third parties and the
principle of proportionality.  Article 37 of Law N o. 8039 on Enforcement Procedures refers to the
provisions of the Code of Civil Procedure, a lthough measures that may be requested include, inter alia ,
cessation of the acts constituting infringement, an embargo, suspension of the circulation of the goods,
and furnishing of security.
Other provisional measures that may be  applied and are included in Articles 245 et seq  of the
Code of Civil Procedure include confession, presentation of documents or movable assets, judicial
recognition, expert evidence and testimony and a summons to the opposing party.
11. In what circumstances may such measures be ordered inaudita altera parte ?
The second paragraph of Article 6 of the Law on Enforcement Procedures (Law No. 8039)
provides that "in cases where hearing the parties might nullify the effects of the measure, the judicial
authority, the Register of Copyright and Neighbouring Rights or the Industrial Property Register shall
decide upon the need for the preventive measure requested within 48 hours of the request".IP/N/6/CRI/1
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Notwithstanding the preceding paragraph, if a preventive measure is imposed without giving the
other party a hearing, the authority which ordered the measure shall notify the party affected within
three working days of its imposition.  The party a ffected may appeal against the measure imposed.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
Articles 242 et seq  of the Code of Civil Procedure provide that preventive proceedings may
begin before or during the principal proceedings, of which they form part.
Within 48 hours of the submission of a request for a preventive measure, the judicial
authorities shall grant the parties a hearing so that , within three working days, they can express their
opinion on the request.  Whether or not there is an objection, after the expiry of this period, within
three days the competent court shall take a decision on whether or not to impose a preventive
measure.  The decision taken by the judicial authority must be carried out immediately.  An appeal
does not suspend the effects of imposing the measure. 
Where a judge has a justified fear that one of the parties, prior to the judgement, may cause
serious injury to the right holder which it would be difficult to remedy, he may decide on the
preventive measures he deems necessary.  In order to prevent the injury, the judge may authorize or
prohibit the carrying out of certain acts, order the deposit of assets or impose the furnishing ofsecurity.
A party must submit its petition within one month of the date on which the preventive
measure was imposed when it has been granted in the course of the preparatory proceedings.
The preventive measure shall cease to have effect if the party does not present a petition
within one month or if, without justification, th e measure is not imposed within the same period.
After the measure ceases to have effect, the party may not present a further petition unless there are
new grounds.
In order to protect the legitimate interests of the defendant, Article 8 of the Law on
Procedures for the Enforcement of Intellectual Prope rty Rights (Law No. 8039) provides that where a
preventive measure has been adopted but no petition is subsequently presented within the prescribed
period or where it is determined that no intellectual property right has been infringed, the preventive
measure shall be deemed to have been annulled and the party which requested it shall be liable for the
injury caused, which shall be compensated in accordance with the procedure established for executing
the ruling.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Article 6 of Law No. 8039 lays down a procedur e for examining and approving requests for
preventive measures which fixes very short time-limits.  As this is relatively new legislation, there is no
information regarding its duration in practice.
The cost of imposing a provisional measure in civil proceedings can be grouped under two
headings:  procedural costs and personal costs.  The major procedural cost for imposing preventive
measures is the security or guarantee which the person requesting the measure must deposit in order to
protect the alleged infringer against any abuse.  The amount of the security is at the judge's discretion
and is determined taking into account the nature of the measure.  In the case of an embargo on money or
assets, the security will consist of a percentage of its value (around 25 per cent).IP/N/6/CRI/1
Page 7
If the furnishing or presentation of prior evidence is required for the imposition of such a
measure, for example, expert opinion or preventive recognition, the cost of the evidence has to be met
and this may range from US$100 to US$300.
As regards attorneys' fees, if the preventive measure is requested prior to presenting the
principal case, the fees will be determined as a per centage.  If it is requested during the course of the
principal proceedings, the fee is usually calculate d on the basis of the numbers of hours of work.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
Pursuant to the Law on Procedures for the Enforcement of Intellectual Property Rights
(Law No. 8039), the Directors of the National Register of Copyright and Neighbouring Rights and the
Industrial Property Register respectively are empowered to order the adoption of preventive measures
on the same terms as those described above (see the replies to questions 10 to 13).
As is the case for judicial proceedings, Law No. 8039 allows the competent administrative
bodies only a short time in which to examine and impose preventive measures.  Nevertheless, as this
is relatively new legislation, there have been no cases so far and there are no data which allow the
actual duration to be determined.  Moreover, the Administrative Registration Court has not yet been
set up because transitional provision II of Law No. 8039 gives the Executive one year (as of27 October 2000) in which to establish and initiate the functioning of the Court.
Professional fees in cases of preventive measures coming before the competent administrative
authority will be calculated on the basis of a tabl e of fees and may be around US$1,000.  There are no
official figures concerning the amount  of procedural costs, although it is estimated that these may range
from US$50 to US$150.
Special requirements related to border measures
15. Indicate for which goods it is possible to  apply for the suspension by the customs
authorities of the release into  free circulation, in particular whether these procedures are
available also in respect of goods which invol ve infringements of intellectual property
rights other than counterfeit trademark or  pirated copyright goods as defined in the
TRIPS Agreement (footnote to Article 51).  Specify, together with relevant criteria, any
imports excluded from the application of su ch procedures (such as goods from another
member of a customs union, goods in transit or de minimis  imports).  Do the procedures
apply to imports of goods put on the market in  another country by or with the consent of
the right holder and to goods destined for exportation?
The Law on Procedures for the Enforcement of Intellectual Property Rights (Law No. 8039)
states that measures at the border can be applied to any goods that infringe any intellectual property
right and not solely to goods with counterfeit trademarks or pirated goods that infringe copyright.Article 11 of the Law in particular provides that "The owner of an intellectual property right who has
substantiated knowledge of the arrival or clearance of goods which infringe his right may request the
Industrial Property Register, the National Register of Copyright and Neighbouring Rights or the
judicial authorities to order the customs authorities to suspend their clearance."  It is thus clear that
measures at the border can be applied to goods for export if they infringe any intellectual propertyright.IP/N/6/CRI/1
Page 8
Under Costa Rica's legislation, there is no obliga tion to apply measures at the border to imports
of goods put on the domestic market by the right holder or with his consent or to goods imported by
persons authorized by the State or in accordance with  Costa Rican legislation if the right holder or his
representative has lawfully introduced them into Costa Rica or abroad.  Measures at the border do not
apply either to goods that form part of the personal effects of travellers.
16. Provide a description of the main elements of  the procedures relatin g to the suspension of
the release of goods by customs authorities,  in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of susp ension (Article 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the goods)
and 57 (right of inspection and information) been implemented?
The provisions on measures at the border and the procedure for their application are based on
Article 10 of Law No. 8039.  This Article provides th at when a preventive measure is requested at the
time of customs clearance of counterfeit or illegal goods (whether for import or export) the
administrative decision taken by the Industrial Property Register, the National Register of Copyrightand Neighbouring Rights or the judicial deci sion ordering the measure shall be communicated
immediately to the customs authorities and to the defendant.
Any owner of a protected intellectual property right, or his representative, requesting the
suspension of clearance of goods will be required as a minimum:
- To prove that he is the owner of an in tellectual property right or the owner's
representative;
- to provide security of a reasonable amount before the measure is ordered in order to
protect the alleged infringer and prevent abuse;
- to furnish information on the goods and a description that is as detailed as possible so
that the customs authorities can easily identify them.
After clearance of the goods has been suspended, the Industrial Property Register, the
National Register of Copyright and Neighbouring Righ ts or the judicial authorities shall immediately
notify the importer or exporter of the goods and the person requesting the measure.
Article 13 of the Law on Enforcement Procedures provides that if, after ten working days
from the date on which the person requesting the measure was notified of the suspension, he has not
submitted a petition or if no communication has been received from the Industrial Property Register,the National Register of Copyright and Neighbouring Rights or a judicial authority stating that the
preventive measures extending the suspension of clearance have been taken, the Industrial Property
Register, the National Register of Copyright a nd Neighbouring Rights or the competent judge shall
ask the customs authority to lift the measure and order the clearance of the goods if the other
conditions laid down have been met.
Prior to 27 October 2000, the date on which the Law on Procedures for the Enforcement of
Intellectual Property Rights came into effect, Costa Rica did not have any legislation on measures at
the border so there have not been any cases of application of provisions on security, indemnification
of the importer or of the owner of the goods, the right of inspection and information.IP/N/6/CRI/1
Page 9
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the compet ent authorities for the suspension of the relea se of goods into free
circulation?
As already mentioned, until the end of 2000 Costa Rica applied the regulations on border
measures so it is impossible to provide data on their effective implementation because no case has arisen
so far.
Regarding the relevant legal provisions, Article 13 of the Law on Enforcement Procedures
provides that, after the customs authorities have suspended the release of counterfeit goods into free
circulation, the party which requested the measure has ten working days to present a petition.  Thecustoms authorities could also be notified by the Industrial Property Register, the National Register of
Copyright and Neighbouring Rights or a judicial authority that preventive measures have been taken
which will extend the suspension of release.
18. Are competent authorities required to act upo n their own initiative and, if so, in what
circumstances?  Are there any special provisi ons applicable to ex officio action?
Article 16 of the Law on Procedures for the Enforcement of Intellectual Property Rights
provides that where the customs authorities have su fficient grounds for considering that an intellectual
property right is being infringed they must act ex officio and withhold clearance of the goods, either
on the basis of the grounds themselves or because the goods might mislead consumers.
Within 24 hours of the goods being withheld, the customs authorities must notify the Public
Prosecutor's Office that one of the offences covered by the Law on Enforcement Procedures has been
committed.  If they fail to do so, the goods shall be returned and the customs authorities shall be liablefor any injury caused in conformity with the terms of the General Public Administration Law (see the
reply to question 7).  To the extent possible, the customs authorities shall inform the owner of the
rights that are possibly being infringed.
19. Describe the remedies that th e competent authorities have th e authority to order and any
criteria regulating their use.
The preventive measures applicable at the border are those provided for in the Code of Civil
Procedure or the Code of Criminal Procedure, as well as the measures indicated in Article 5 of the
Law on Enforcement Procedures.  One of the measures most commonly used is the preventive seizure
of counterfeit goods.
A general principle when adopting preventive measures is that any decision on a request for
the adoption of such measures must take into account both the interests of third parties and the
proportionality between the effects of the measure and the injury it may cause.
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
In Costa Rica there are no special courts hearing intellectual property cases.  In accordance
with the Basic Law on the Judiciary, criminal courts, according to their respective jurisdiction, arecompetent to hear cases relating to intellectual property rights.IP/N/6/CRI/1
Page 10
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Articles 43 et seq  of the Law on Procedures for the Enforcement of Intellectual Property
Rights (Law No. 8039) provide that the ordinary cr iminal procedures regime (laid down in the Code
of Criminal Procedure) applies to proceedings concerning the offences cited in the Law, in the form of
a public action brought by a private individual
Articles 44 et seq  of the aformentioned Law determine the offences against rights in
trademarks and distinctive signs, undisclosed information, copyright and neighbouring rights, patents
and lay-out designs of integrated circuits.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiati ve and/or in response to complaints?
Costa Rica's legislation states that intellectual property offences are the subject of public
action brought by private individuals, which means that this type of offence requires recognition that acrime has been committed before the Public Prosecutor's Office can initiate criminal proceedings ex
officio.
Under Article 62 of the Code of Criminal Procedure, the Public Prosecutor's Office shall
bring criminal action in the form laid down in the law and shall undertake the relevant and necessarysteps to determine the existence of an offence.  The Office shall be responsible for the preliminary
investigation, under jurisdictional control where the acts so require.
23. Do private persons have standing to init iate criminal proceedings and, if so, who?
Article 17 of the Code of Criminal Procedure provides that, in cases where public criminal
action must be initiated by a private individual (which is the case for intellectual property offences),
the Public Prosecutor's Office can only bring an action after the requisite complaint has been made to
the competent authority.
In accordance with the provisions of the Code of Criminal Procedure, any person with legal
capacity who claims that he has been injured by an offence subject to public action brought by aprivate individual has the right to bring proceedings and also to bring joint civil action for
compensation.  An injured party aged over 15 years or, if he is under that age, only his legal
representative, tutor or guardian, may lodge a complaint.   The complainant must act through an
attorney.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- Imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of  infringing goods and materials and
implements for their production;
- other.IP/N/6/CRI/1
Page 11
Imprisonment
Costa Rican legislation provides for criminal penalties to protect the various types of
intellectual property with terms of imprisonment ranging from one to three years.  More specifically,
the Law on Procedures for the Enforcement of Intellectual Property Rights (Law No. 8039)determines the following offences:
Offences against intellectual property rights derived from trademarks and distinctive signs:
counterfeiting a mark;  selling, storing or distributing counterfeit products;  selling, acquiring or
offering designs or copies that are identical to a trademark already registered;  fraudulent
identification as a distributor or fraudulent use of indications or appellations of origin.
Offences against rights in undisclosed information:  disclosure of trade or industrial secrets or
obtaining undisclosed information by unlawful means.
Offences against copyright and neighbouring rights:  unauthorized public performance or
communication of literary or artistic works;  unauthorized communication of phonograms,videograms or broadcasts;  registration of another person's copyright;  unauthorized reproduction of
literary or artistic works, phonograms or videograms;  fixing, reproduction and broadcasting of
protected performances;  printing a larger number of copies of a work;  publication of another's work
as one's own;  unauthorized adaptation, translation, modification or compilation of literary or artistic
works;  sale, offering for sale, storing, depositing or distributing counterfeit copies;  unauthorizedleasing of copies of literary or artistic works, phonograms or videograms;  manufacture, import, sale
or leasing of decoding appliances or devices;  alteration, deletion, modification or deterioration of
technological protection against the reproduction of works or making available to the public and
altering electronic information used to protect the economic rights of the owner.
Offences against rights in patents, industrial designs and models and utility models:
infringement of patented or protected products;  claiming rights as the owner before third parties;
infringing rights derived from patents or utility models registered in Costa Rica;  unlawful
reproduction of industrial models or designs;  and sale, storage, distribution, deposit, export or import
of counterfeit copies.
Offences against rights in lay-out designs (topographies) of integrated circuits:  infringement
of the rights derived from an original lay-out design (topography) of integrated circuits.
Monetary fines
Costa Rican legislation does not provide for monetary fines for offences against intellectual
property rights.
Seizure, forfeiture and destruction of infringing g oods and materials and implements for their production
Article 71 of the Law on Procedures for the Enforcement of Intellectual Property Rights
(Law No. 8039) provides that, either at the request of a party or ex of ficio, the judicial authorities may,
in an interlocutory judgement or in a final ruling in  criminal cases, order the forfeiture of counterfeit or
illegal goods, but destruction may only be ordered in the final ruling.
Other
Article 49 of the Law on Procedures for the Enforcement of Intellectual Property Rights
(referring to the offence of disclosing trade or indus trial secrets) determines that, if a public officialIP/N/6/CRI/1
Page 12
reveals undisclosed information, in addition to a te rm of imprisonment, he shall be prohibited from
holding any official post for a period of one to two years.
25. Describe provisions governing the length a nd any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
Criminal proceedings last for approximately one year.
There are no official data or figures on the cost  and duration of criminal proceedings;  however,
in such cases procedural costs could range from US$200 to US$400.  Attorneys' fees for preparing and
presenting criminal cases can be estimat ed at around US$500 to US$2,000, depending on the
complexity of the case.  In addition, Costa Rican crim inal procedure allows a victim to bring a criminal
prosecution by submitting a criminal complaint.  In su ch cases, the attorney's fees for presenting the case
and bringing the action could be around US$2,000 to US$2,500.
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