RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/CRI/1
IP/Q2/CRI/1IP/Q3/CRI/1
IP/Q4/CRI/1
18 January 2002
(02-0261)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
COSTA RICA1
This document reproduces the introductory statement made by the delegation of Costa Rica,
the questions posed to it and the replies given in connection with the review of legislation undertaken
at the Council's meeting of 18 to 22 June 2001.2
____________
I. INTRODUCTORY STATEMENT
Costa Rica attaches the utmost importance to the protection of intellectual property rights, as
enshrined in the TRIPS Agreement, and has taken the necessary action to ensure that its
corresponding domestic legislation guarantees fulfilment of its obligations.
Since May 1998, one of the priorities of the Costa Rican Government has been to undertake a
sweeping reform of the country's intellectual property legislation, in order to bring it into line with the
obligations stemming from the TRIPS Agreement and to introduce other reforms aimed at providing
the country with a modern and comprehensive legislativ e apparatus in that respect.  This involved the
approval of seven national laws and three international treaties.
In Costa Rica, the protection of intellectual property rights is recognized in Article 47 of the
Political Constitution of 1949, which stipulates that "every author, inventor, producer or merchant
shall temporarily enjoy exclusive ownership of his work, invention, trademark or trade name, inaccordance with the law".
Costa Rica has also ratified numerous WIPO treaties, including the Berne Convention for the
Protection of Literary and Artistic Works, which became a law of the Republic in August 1977;  the
International Convention for the Protection of Performers, Producers of Phonograms andBroadcasting Organizations (Rome Convention of 1961 ), which acquired force of law in Costa Rica
in March 1971;  and the Paris Convention for the Protection of Industrial Property, which was
approved in March 1995.
                                                     
1 For the laws and regulations relevant to the subject under review and notified by Costa Rica under
Article 63.2 of the Agreement, see documents IP/N/1/CRI/1 and Add. 1;  IP/N/1/CRI/C/1 and 2;IP/N/1/CRI/E/1 to 3;  IP/N/1/CRI/I/1 to 3;  IP /N/1/CRI/L/1;  IP/N/1/CRI/U/1;  and IP/N/6/CRI/1.
2 The minutes of this meeting were circulated in document IP/C/M/32.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 2
In this connection, it is important to note that, pursuant to Article 7 of the Political
Constitution, international treaties approved by the Legislative Assembly have a higher authority than
national laws upon their enactment.
In accordance with the principle of non-discrimination, Costa Rican legislation does not
provide for any exception to the principles of na tional treatment and most-favoured-nation treatment.
More specifically, the country has not notified WIPO  of any restriction on the protection of owners of
intellectual creations under Article 6 of the Berne Convention or Article 16 of the Rome Convention.
As regards legal provisions in the different areas of intellectual property, a detailed
description of the reforms introduced in recent  years with a view to implementing the TRIPS
Agreement is given below.  In Costa Rica, protection of copyright and related rights was generally
consistent with multilateral standards.  The main problems were a lack of protection of the right to
rent or lease works and inadequate legislation to enforce such rights.  In order to resolve those
problems, Law No. 7979, promulgated on 6 January 2000, was drawn up to amend, inter alia , Law
No. 6683 on Copyright and Related Rights of 14 October 1982.  In addition, Law No. 7979 extendsprotection to a period of 70 years and includes a series of provisions to protect works involving new
digital technologies, following the approval , in 1999, of the 1996 WIPO Performances and
Phonograms Treaty (WPPT) and the 1996 WIPO Copyright Treaty (WCT).
Law No. 7978, promulgated on 6 January 2000, provid es for the protection of trademarks and
distinctive signs in general, including appellations of origin.  It lays down general provisions and
procedures for registration, and sets forth rules governing well-known trademarks.  It also protects
appellations of origin – including homonymous appellations – and establishes rules pertaining to
registration, the right to use appellations and the cance llation of registrations.  Lastly, it is important to
note that trademarks are protected for ten years and may be renewed indefinitely for successive ten-year periods, as of the previous date of expiry.  Appellations of origin are registered for an indefinite
period.
Law No. 7979 of 6 January 2000 also amended Law No. 6867 on Patents, Industrial Designs
and Utility Models of 25 April 1983.  The reforms approved in January 2000 included various
amendments relating to industrial designs, aimed at implementing the obligations under the TRIPS
Agreement, in particular by extending the economic rights of creators of industrial designs, protectingnew or original industrial designs obtained independently and providing for a term of protection of ten
years for such creations.
Patent law was perhaps the area in which the most substantive changes had to be made in
order to bring existing legal provisions into line with WTO standards.  Exclusions from patentabilitywere not clearly established and protection was restricted to inventions originating in Costa Rica.  The
rights of patent holders were not sufficiently regulated, with 12 years of protection for patents in
general and only one year for patents for medicines, foodstuffs and agricultural chemical products, for
example.  Law No. 7979 of 6 January 2000 amending the Law on Patents has resolved all the
aforementioned problems, principally by defining exclusions from patentability, providing for patentprotection regardless of the place of invention, the field of technology or whether the products are
imported, enabling patent holders to grant licences subject to the conditions of Article 31 of the
TRIPS Agreement, establishing requirements for granting compulsory licences, and protecting all
patents for a period of 20 years.
Costa Rica does not yet have any special provisions covering the specific case of plant
varieties, because it has taken advantage of the delay allowed under Article 65.4 of the TRIPS
Agreement.  Nevertheless, in order to meet the country's commitments, the Executive has alreadyIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 3
submitted to the Legislative Assembly a draft law on the subject, which is now being examined by the
Deputies and the sectors concerned.
There was no legislation in Costa Rica protecting lay-out designs until the promulgation of
Law No. 7961 on 17 December 1999.  This Law defines the necessary technical concepts, lays down
the requirements of originality, establishes what acts are lawful or unlawful and protects lay-out
designs for ten years from the date of submission of the application for registration, or for 15 years
from the last day of the calendar year in which the layout was designed.
With respect to undisclosed information, Costa Rica had only a few provisions protecting this
type of property, which were contained in the Penal Code, the Labour Code and the Law on thePromotion of Competition and Effective Protection of Consumers.  The coverage afforded by those
provisions was inadequate, and there was no comprehensive regulatory system governing undisclosed
information.  Law No. 7975 was accordingly enacted on 18 January 2000, in order to lay down the
rules determining the scope of protection and information excluded from protection, the conditions for
authorizing use by third parties, forms of use and acquisition or disclosure of information without theowner's consent;  to regulate the responsibilities and confidentiality to be observed in labour or
business relations;  to protect data submitted as a condition of approval of the marketing of
pharmaceutical or agricultural chemical products;  and to provide for the protection of undisclosed
information in administrative and judicial proceedings.
The process of comprehensive reform of Costa Rica's intellectual property legislation
culminated with the approval of Law No. 8039 of 12 October 2000 on Procedures for the
Enforcement of Intellectual Property Rights, which incorporates in a single legal instrument the
obligations under the TRIPS Agreement to protect all areas of intellectual property.  This Law
includes the following provisions:
• Rules relating to precautionary measures.
• Provision for the judicial authorities to order the customs authorities to destroy or
dispose of infringing goods.
• The establishment of an Administrative Registration Court, which will exhaust
administrative channels and hear appeals against decisions taken by the Industrial
Property Registry and the National Registry of Copyright and Related Rights.
• Referral to the Code of Civil Procedure and the Code of Criminal Procedure
depending on the proceedings involved.
• Provision for the holding of summary civil intellectual property proceedings.
• One to three years of imprisonment for offences committed in any area of intellectual
property, including offences in breach of provisions on the protection of worksinvolving new digital technologies, in order to ensure effective observance of the
rights deriving from the new WIPO treaties.
Notwithstanding the changes introduced in the na tional legal order, the Government of Costa
Rica is aware of the need to continue the legislative and educational process of securing effective
protection of intellectual property rights.  It has accordingly submitted to the Legislative Assembly adraft law amending Law No. 8039, which proposes to increase prison sentences for offences againstIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 4
intellectual property rights, to reform the proceed ings for copyright infringements in order to make
them public, and to repeal Article 70 of the Law relating to the principle of significant injury.
In addition to the above initiative, the Costa Rican Government, acting through the Ministry
of Foreign Trade and the Ministry of Justice and Pardons, has pursued its efforts to coordinate
activities between the various bodies concerned and to ensure that officials receive training in the
different laws, so as to secure effective protection of  intellectual property.  At the internal level, the
Industrial Property Registry and the National Registry of Copyright and Related Rights (both of
which are attached to the Ministry of Justice and Pardons) have effected major administrative changes
in order to implement the new legislation.  With re spect to enforcement, the Government is continuing
to coordinate with the Public Prosecutor's Office, the Judicial Investigation Office, the GeneralDirectorate of Customs and the Judicial Training Institution – which provides training for judges – in
order to promote the new laws and their effective application.
Practically all the reforms described above were approved by 1 January 2000, thus enabling
Costa Rica to meet its intellectual property commitments under the TRIPS Agreement in asatisfactory manner.  Both the new laws and the amended legislation were notified in time to the
Secretariat of the Council for TRIPS.  Likewise, Costa Rica communicated its replies to the check-list
of issues on enforcement and to the questions posed in the preceding weeks by Switzerland, Japan,
Canada, the United States and the European Union sufficiently ahead of time for these documents to
be brought to the attention of the distinguished Memb ers of this Council.  We would like to take this
opportunity to thank the delegations that posed question s, since this gave us the possibility to address
numerous aspects of our legislation in greater detail.  We would finally remind you that all Costa
Rica's replies have already been circulated and that the questions received in recent days have already
been answered and are available in this room.
Costa Rica has derived a variety of benefits from the comprehensive reform of its intellectual
property legislation.  In particular, the country now has multilaterally recognized standards for the
protection of intellectual property rights, which has had a favourable impact on its general policy of
attracting foreign direct investment and in creating greater incentives for research and creative and
artistic development at the national level.
Costa Rica will pursue the efforts it has made so far to ensure effective implementation of
intellectual property legislation and reiterates its strict observance of the commitments undertaken
before the WTO.
II. REPLIES TO THE QUESTIONS POSED BY CANADA
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as req uired by Article 61 of the TRIPS Agreement and
throughout?
With respect to Article 61 of the TRIPS Agreement, one of the main innovations of the Law
on Procedures for the Enforcement of Intellectu al Property Rights, Law No. 8039 of 12 October 2000,
is the establishment of a list of offences for the purpose of protecting legal interests deriving from
trademarks and distinctive signs, undisclosed information, copyright and related rights, patents,
industrial designs, utility models and lay-out designs for integrated circuits.
Finally, it should be noted that Law No. 8039 provides for the seizure and destruction of
goods found to be fraudulent by a criminal court, whether on application or ex officio.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 5
2. What protection does your copyright legislation afford to "foreign works"?
In accordance with Article 3 of the Law on Copyright and Related Rights, Law No. 6683 of
14 October 1982 and its amendments, the works of foreign authors resident abroad enjoy in CostaRica the protection accorded them under international conventions to which Costa Rica is a party.
By Law No. 6083 of 29 August  1977, Costa Rica adopted the Berne Convention for the
Protection of Literary and Artistic Works, under which it applies the criteria of eligibility for
protection laid down in Article 3 of the Convention, that  is to say, according to the nationality of the
author or the place of publication of the work.
3. We understand that draft legislation concerning the protection of plant varieties is
before the Costa Rican Legislative Assembly.
(a) When is it likely to be effectively implemented?
Regarding plant varieties, it should be noted that the Executive has submitted a draft law on
the protection of plant varieties to the Legislative Assembly.  This draft law is not only a response to
Costa Rica's commitments under the TRIPS Agreement, but meets an obvious need for legislation in
support of the efforts made by public and private institutions involved in the breeding of new varieties
through genetic improvement programmes.
The text used as a basis for discussion was drawn up on the basis of the model law of the
UPOV Convention of 1991.  In addition, a draft law amending the Law on Seeds is also in the
legislative pipeline, giving the National Seeds Office the authority to register new plant varieties.
The draft law is in the legislative pipeline and is being examined by a Special Intellectual
Property Commission, composed of Deputies, representatives of the Executive and other interested
parties, with a view to examining and improving th e text proposed.  The Government of Costa Rica is
confident that the examination of the draft law will lead to a consensus text to be approved by the
Legislative Assembly before the end of the current Government's term of office, i.e., May 2002.
(b) What are the key improvements introduced by this draft legislation in respect of TRIPS
obligations?
Pursuant to Article 27.3(b) of the TRIPS Agreement, Costa Rica must provide for the
protection of plant varieties, either by patents or by an effective sui generis  system or by any
combination thereof.
Nevertheless, Article 65.4 of the TRIPS Agreement allows a developing country Member
obliged to extend patent protection to areas of technology not so protectable in its territory on the
general date of application of the Agreement to delay application, so Costa Rica can postpone
application of the protection of plant varieties for an additional period of five years, in other words, upto 2005.  This is quite clear, subject to the application of Articles 3, 4, and 5 of the TRIPS Agreement.
In this connection, the draft law transmitted to the Legislative Assembly by the Executive
implements the obligations under the TRIPS Agreem ent, taking into consideration the model law of
the UPOV Convention, according to the Act of 1991.
The following are some of the most relevant aspects of this draft law:IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 6
• The requirements of novelty, distinctness, uniformity, stability and an appropriate
denomination are laid down as conditions for the protection of plant varieties.;
• The persons who have the right to request protection are determined.
• The scope of the breeder's right is specified.
• The minimum period of protection is 25 years for trees and vines and 20 years for all
other plants.
• The possibility of granting contractual or compulsory licences is covered.
It is important to note that this draft law is still under discussion in the Legislative Assembly
by a Special Intellectual Property Commission established for this purpose.  The Commission maymake the amendments it deems necessary in order to obtain a consensus text that meets Costa Rica's
relevant multilateral obligations.
4. We understand that Regulations implementing Law No. 8039 of 12 October 2000 on
intellectual property right enforcement pro cedures are expected to enter into force in
October 2001.
(a) Please provide an update of the status of these Regulations.
The Government of Costa Rica is pleased to in form you that the Regulations of Law No. 8039
on Procedures for the Enforcement of Intellectual Property Rights, of 12 October 2000, have recently
been revised and approved by the Office of the Attorney-General of the Republic.  Consequently,these Regulations will soon be published following th e necessary legal procedures for their entry into
force.
(b) What are the key improvements introduced by this Law and Regulations in respect of
TRIPS obligations?
The Law on Procedures for the Enforcement of Intellectual Property Rights introduces
important provisions that protect the holders of intellectual property rights through the establishment
of precautionary measures, border measures, administrative proceedings and civil and criminal
proceedings, as required by the commitments in the TRIPS Agreement.
The most relevant aspects of these provisions are as follows:
• Protection of intellectual property right holders by means of the necessary rules on
precautionary measures (including those applied by the customs).
• Precautionary measures can be applied by the administrative or judicial authorities,
provided that the applicant can prove that he is the right holder or his representative.The competent authorities will require security from the applicant sufficient to
protect the alleged infringer and prevent abuse.
• Requirement to grant a hearing on the application of precautionary measures, unless
this might render them ineffective;  however, where a precautionary measure has been
imposed without a hearing, the authority shall notify the party concerned within three
working days of its imposition, at the latest.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 7
• The applicant must file an administrative  complaint or initiate legal proceedings
within one month of notification of the decision ordering the precautionary measure.
• The right holder may request the administrative or judicial authorities to order the
customs authorities to suspend importation or exportation at the time of clearance;
however, he must prove that he is the right holder or his representative, provide
security and supply the necessary information and a description of the goods so that
they are readily identifiable by the customs authorities.
• The customs authorities must act ex officio and suspend clearance of the goods if
there is a presumption that they infringe an intellectual property right.  The authorities
must report the commission of the offence to the Public Prosecutor's Office within
24 hours of retaining the goods.
• The judicial authorities may order the customs authorities to destroy or dispose of the
infringing goods.
• Protection of injured parties in the event of wrongful detention of the goods.
• Establishment of an Administrative Registration Court, which will exhaust the
administrative remedies and hear appeals against decisions taken by the Industrial
Property Registry and the National Registry of Copyright and Related Rights.
• Provision for the holding of summary civil intellectual property proceedings.
• Prison sentences of up to three years for offences against intellectual property rights.
Moreover, as regards the Regulations of Law No. 8039 – as indicated in the previous reply,
the draft was recently approved by the Attorney-Gen eral of the Republic – the following are some of
the main provisions:
• Definition of the content of an application for a precautionary measure.
• Provisions on the procedure for and imposition of precautionary measures and border
measures and on the cessation of their effects.
• Provisions on administrative procedures in relation to undisclosed information.
• Definition of the content of applications for layout-designs of integrated circuits.
• Authority to submit appeals for annulment and other appeals against any decisions
taken by the Industrial Property Registry and the National Registry of Copyright and
Related Rights.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 8
 III. REPLIES TO THE QUESTIONS POSED BY THE EUROPEAN COMMUNITIES
AND THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your
socio-economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
Pursuant to Article 8 of the TRIPS Agreement and to the extent allowed by Article 27.2
thereof, paragraph 4(a) of Article 1 of Law No. 6867 of 25 April 1983 and its amendments determines
that inventions whose commercial exploitation must objectively and necessarily be prevented in order
to protect health shall be included among the exceptions to patentability.
To date, the Industrial Property Registry has not applied this exception to any application for
registration of a patent.
One of the innovations introduced into Costa Rican legislation by Law No. 7975, the Law on
Undisclosed Information of 4 January 2000, is the regulation of cases where undisclosed test or other
data must be submitted as a condition of the approval of the marketing of pharmaceutical oragricultural chemical products;  such data shall be protected against any unfair commercial use and
any disclosure, in accordance with the provisions of Article 8 of the aforementioned Law No. 7975.  It
should be noted that this Article also establishes that, in the case of studies covered by the regulations
on the registration of drugs or agricultural chemical products, the competent authorities may use test
data without disclosing the information protected in order to prevent practices that may misleadconsumers or to protect human, animal or plant health, for the purpose of preventing the abuse of
intellectual property rights or the resort to practices that unreasonably restrain trade.
The competent authorities are currently workin g on the regulations for implementation of this
legislation.  One of the aspects to be covered in the regulations in question is the need for further
details on the scope of Article 8 of the aforementioned Law.
B.
COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires members to comply with Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971).
First of all, the Berne Convention for the Protection of Literary and Artistic Works was
adopted in Costa Rica as Law of the Republic No. 6083 of 29 August 1977.
Furthermore, the Law on Copyright and Re lated Rights, Law No. 6683 of 14 October 1982
and its amendments, implements the obligations derived from Article 9 of the TRIPS Agreement.
In particular, Articles 1 to 21 of the Berne Convention, except for Article 16, have been
incorporated into Costa Rican legislation by m eans of Articles 1 to 76 of the above-mentioned
Law No. 6683, while Article 16 of the Berne Convention has been incorporated through theprovisions of Articles 41 and 71 of the Law on Procedures for the Enforcement of Intellectual
Property Rights, Law No. 8039 of 12 October 2000.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 9
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Article 1.2 of the Law on Copyright and Related Rights, Law No. 6683 of 14 October 1982
and its amendments, states that "'literary and artistic works' shall be taken to mean all productions in
the literary and artistic domain, whatever the form of expression thereof, such as: … computer
programs, including successive versions thereof and derived programs".
In addition, Article 8 of the aforementioned Law No. 6683 protects databases as compilations.
Regarding the term of protection of these rights, Article 58 of the aforementioned Law
provides that the author's rights last throughout his lifetime.  After the author's death, persons who
have lawfully acquired the rights may utilize them for a period of 70 years.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Article 16 of the Law on Copyright and Rela ted Rights, Law No. 6683 of 14 October 1982
and its amendments, states that the author of a literary or artistic work shall have the exclusive right to
use it.
Article 16(g)  provides that the exclusive rights  of the author include the right of distribution,
while Article 4(p) of the same Law No. 6683 establishes the scope of this right, including making the
original or copies of the work or phonogram available to the public through rental.
In addition, Article 82(c) of the aforementioned Law No. 6683 provides that the producers of
phonograms or videograms have the exclusive right to authorize or prohibit the commercial rental to
the public of the originals or copies.
Lastly, Article 86 of Law No. 6683 provides that the rights of broadcasting organizations
include the right to authorize or prohibit communication to the public of their television broadcasts in
premises open to the public.  The scope of the rights of distribution is covered by Article 4(p) of thisLaw.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Articles 77 et seq. of the Law on Copy right and Related Rights, Law No. 6683 of
14 October 1982 and its amendments, establish provisions relating to the protection of performers.  In
particular, Article 78 states that performers or their agents, heirs, successors or assignees, having
acquired their status free or for a consideration, shall have the right to authorize or prohibit the
fixation, reproduction, communication to the public, transmission or retransmission by radio ortelevision or any other form of use of their performances.
Article 82 of the aforementioned Law No. 6683 provides that producers of phonograms or
videograms have the exclusive right to authorize or prohibit:
• Direct or indirect reproduction of their phonograms or videograms.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 10
• The first public distribution of the original and each copy of the phonogram by means
of sale, rental or any other means.
• Commercial rental to the public of the originals or copies.
• Import of copies of the phonogram made without the producer's authorization.
• Transmission and retransmission by radio or television.
• Public performance by any means or form of use.
• Making their phonograms available to the public by wire, cable, optic fibre,
radioelectric waves, satellite or any other similar means that gives the public access toor remote communication of protected works from the place and at the time they
choose.
Lastly, Article 86 of Law No. 6683 provides that broadcasting organizations have the right to
authorize or prohibit the fixation or reproduction of their broadcasts, the retransmission, subsequent
distribution and communication to the public of their television broadcasts, in premises open to the
public.
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Firstly, it is important to note that Costa Rica has not submitted to the WIPO any restriction
on the protection of owners of intellectual creations under Article 6 of the Berne Convention or
Article 16 of the Rome Convention.
Regarding limitations or exceptions in Costa Rican  legislation relating to copyright or related
rights, there are some relevant provisions and they are all in conformity with Articles 13 and 14.6 of
the TRIPS Agreement.
For example, Articles 67 et seq. of the La w on Copyright and Related Rights, Law No. 6683
of 14 October 1982 and its amendments, establishes certain exceptions to protection, including the
following:
• News having the character of items of press information.
• Articles on current affairs published in magazines or periodicals may be reproduced
unless expressly prohibited, but the source must be mentioned.
• Speeches delivered in deliberative assemblies or at public meetings, and also
pleadings before the courts may be published in the periodical press, broadcast onradio or television, without any authorization.  They may not, however, be published
as separate editions or in a collection without the consent of the author.
• Reproduction by photographic or other pictorial processes of statues, monuments and
other works of art acquired by the authorities and displayed in streets, parks and
museums.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 11
7. Please state the terms of protection of each right described above and the work or
subject-matter to which it applies.
In Articles 58 to 62 and Article 87 of the Law on Copyright and Related Rights, Law
No. 6683 of 14 October 1982 and its amendments, details are given concerning the terms of
protection for works and related rights, which are in general 70 years.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
It should be noted that in Costa Rica the Berne Convention for the Protection of Literary and
Artistic Works was approved as Law of the Republic No. 6083 of 29 August 1977.
Regarding retroactive protection, Article 159 of the Law on Copyright and Related Rights,
Law No. 6683 of 14 October 1982 and its amendments, contains a transitional provision to the effectthat works which, upon entry into force of the Law, were registered at the National Library and
belong to the private domain shall retain all acquired rights without the need for compliance with any
formality.
C.
TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable .
Article 2 of the Law on Trademarks and Other Distinctive Signs, Law No. 7978 of
6 January 2000, defines a "distinctive sign" as any sign that constitutes a trademark, a trade name oran emblem.
The same Article defines a "trademark" as any sign or combination of signs that allows the
goods or services of a person to be distinguished from those of another person inasmuch as they are
sufficiently distinctive or are capable of identify ing the goods of services to which they apply in
comparison with goods or services of the same kind or category;  "trade name" is defined as a sign
bearing a name or a mixed sign that identifies or distinguishes a firm or establishment;  and "emblem"as a representational sign that identifies or distinguishes a firm or establishment.
In addition, Articles 3 et seq. of Law No. 7978 include inter alia  provisions referring to signs
that may constitute a trademark;  trademarks that are unacceptable for intrinsic reasons;  trademarks
that are unacceptable because of third party rights; and the procedure for the registration oftrademarks.
Articles 64 et seq. of Law No. 7978 contain prov isions on trade names – which also apply to
emblems – concerning the acquisition of the rights;  unacceptable trade names (and emblems) and the
procedure for registering such signs.
10. Please confirm whether or not services are a protectable subject-matter in your
trademark law.   Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Article 3 of the Law on Trademarks and Other Distinctive Signs, Law No. 7978 of
6 January 2000, states that trademarks refer in particular to any sign or combination of signs capableIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 12
of distinguishing goods or services.  It also states that the nature of the product or services to which
the trademark applies shall not under any circumstances be an obstacle to its registration.
Furthermore, as indicated in the reply to the previous question, the aforementioned
Law No. 7978 protects trade names as distinctive signs, specifically in Articles 64 to 69.
Lastly, the Industrial Property Registry does not register sound or perfumes as distinctive
signs.  Nevertheless, Law No. 7978 provides that trademarks may consist of the shape, presentation or
packaging of products, their containers or wrappi ng or the means or shops where the corresponding
products or services are sold.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.   Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
The definition and conditions of use of a trademark are covered by Article 40 of the Law on
Trademarks and other Distinctive Signs, Law No. 7978 of 6 January 2000.
Regarding the requirement to use the trademark, Article 4 of Law No. 7978 sets out the
relevant provisions and Article 8(c) prohibits registration of a trademark if a third party has a better
right on grounds of use.
Lastly, Article 39 of the aforementioned Law No. 7978 sets out the requirements for
annulment of a registration due to failure to use the trademark.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Article 20 of the Law on Trademarks and Other Distinctive Signs, Law No. 7978 of
6 January 2000, provides that a trademark may be renewed indefinitely for successive ten-year
periods as of the previous date of expiry.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
As mentioned in the reply to question 4 above, Article 40 of the Law on Trademarks and
Other Distinctive Signs, Law No. 7978 of 6 January 2000, sets out the conditions for use of
trademarks;  regarding the requirement to use the trademark, Article 4 of Law No. 7978 sets out therelevant provisions and Article 8(c) prohibits registration of a trademark if a third party has a better
right on grounds of use.
Lastly, Article 39 of the aforementioned Law No. 7978 sets out the requirements for
annulment of a registration due to failure to use the trademark.
D.
GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
Article 3.2 of the Law on Trademarks and Other Distinctive Signs, Law No. 7978 of
6 January 2000, states that, without prejudice to the provisions on geographical indications in the
Law, trademarks may refer to national or foreign geographical names provided that they areIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 13
sufficiently distinctive and that their use is not likely to create confusion regarding the origin, source,
qualities or characteristics of the products or services for which the trademarks are used or to which
they are applied.
In addition, Article 7(1) of the aforementioned Law provides that a sign containing a
geographical indication that does not meet the requirements in the second paragraph of Article 3
mentioned above may not be registered as a trademark.
15. Please give the definition of a geographical indication in your legislation.
Article 2 of the Law on Trademarks and other Distinctive Signs, Law No. 7978 of
6 January 2000, defines geographical indications as the geographical name of a country, region or
locality used in the presentation of a good to indicate its place of origin, source, processing, harvesting
or mining.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
As indicated in the reply to the previous question, Article 2 of the Law on Trademarks and
other Distinctive Signs, Law No. 7978 of 6 Janua ry 2000, defines a geographical indication as the
geographical name of a country, region or locality used in the presentation of a good to indicate itsplace of origin, source, processing, harvesting or mining.  The same Article defines an appellation of
origin as the geographical name, designation, expression, image or sign of a country, region or
locality in that country, whose qualities and characteristics are exclusively due to the geographical
medium, including natural and human factors.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Article 71 of Law No. 7978 of 6 January 2000 st ates that a geographical indication (which
also applies to wines and spirits) may not be used in trade for any purpose connected with the
designation or presentation of a product or service if the indication is false or, even though literally
true with regard to the territory, region or locality of origin of the products or services, indicates orsuggests to the public a false or deceptive notion of their origin or if its use might mislead the public
as to the origin, source, characteristics or qualities of the product or services.
In addition, Article 72 of the aforementioned Law No. 7978 prohibits the use in advertising
and in trade documentation relating to the sale, presentation or offer of products or services of anindication liable to create confusion or error as to the geographical origin of the products because they
did not originate in the place designated by the geographical indication or, even if the true origin of
the product or services is indicated, where confusion is nevertheless created in the minds of the
public.  The use of expressions such as "kind", "type", "style", "imitation" or the like in the
registration of trademarks is also prohibited.
Articles 75 et seq. of the aforementioned Law No. 7978 provide that the registration of a
trademark for wines or spirits consisting of a geographical indication may be prohibited or cancelled
if the product in question does not show the geographical indication for which registration is sought.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 14
Article 75(c) of the Law on Trademarks  and Distinctive Signs, Law No. 7978 of
6 January 2000, provides that a sign that is the common or generic name of a product may not be
registered as an appellation of origin.  The name shall be considered a common or generic name when
it is deemed to be such by experts in this type of product or by the general public.
An appellation of origin accompanied by the generic name of the respective product or an
expression related to the product may be registered;  the protection, however, shall not extend to the
generic name or the expression used.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
Article 25 of the Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of
25 April 1983, defines an industrial design as any arrangement of lines or colours or any three-dimensional shape, whether or not associated with li nes or colours, provided that this arrangement or
shape gives an industrial or craft product a particular appearance and can be used as a model for its
manufacture.
In addition, the aforementioned Article provides that the protection granted under the Law
does not include the elements or characteristics of the industrial design or model that are solely used
to achieve a technical or functional effect.
Costa Rica's legislation does not have any special rules on the registration of textile designs.
The provisions referred to in the reply to the previous question, notably Article 28 of Law No. 6867 of25 April 1983 and its amendments, apply to the registration of textile designs so there are no
unreasonable obstacles to the protection of this type of intellectual property.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied designs.
Article 25.4 of the Law on Patents, Industria l Designs and Utility Models, Law No. 6867 of
25 April 1983, provides that the owner of a protected industrial design shall have the right to prevent
third parties not having the owner's consent from making, selling or importing articles bearing or
embodying a design that is a copy, or substantially a copy, of the protected design.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Article 31 of the Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of
25 April 1983, provides that the first part of the Law – concerning patents – shall be applicable, as
appropriate, to the protection of industrial designs and utility models.
Consequently, the provisions applicable to compulsory licences for industrial designs that
implement the commitments in Article 31 of the TRIPS Agreement are paragraphs 1, 5, 6, 7, 9 and 10
of Article 18, and Articles 19 and 20 of the aforementioned Law No. 6867.  Articles 25 and 30 of the
Law on Procedures for the Enforcement of Intellectual Property Rights, Law No. 8039 of12 October 2000, also apply.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 15
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Article 30 of the Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of
25 April 1983, establishes a term of ten years for registration of an industrial design.
F. PATENTS
23. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
The first paragraph of Article 2 of the Law on Patents, Industrial Designs and Utility Models,
Law No. 6867 of 25 April 1983, provides that an invention is patentable if it is new, involves an
inventive step and is capable of industrial application.
For this purpose, paragraph 3 of the aforementioned Law states that an invention is new when
it did not previously exist in the state of the art.  The state of the art shall comprise everything that hasbeen disclosed or made available to the public an ywhere in the world and by any means prior to the
date of filing of the patent application in Costa Rica or, where appropriate, prior to the applicable date
of priority.  The state of the art shall also comprise the content of any other patent application pending
before the Industrial Property Registry whose date of filing or, where appropriate priority, is prior to
the date of the application being examined, but only to the extent that the content thereof was includedin the earlier application when published.  The state of the art shall not comprise anything disclosed
within the year prior to the date of filing the application in Costa Rica or, where appropriate, during
the year prior to the applicable date of priority, prov ided that such disclosure is directly or indirectly
the result of acts carried out by the inventor or his successor in title or is the result of failure to
observe the terms of a contract or of an unlawful act committed against one of the former.
The disclosure resulting from publication by an industrial property office in the course of the
procedure for granting a patent shall not be included among the aforementioned exceptions unless the
application published has been filed by a person who had no right to the patent or the publication has
been made unlawfully.
Article 2.5 of the aforementioned Law No. 6867 states that an invention shall be deemed to
involve an inventive step if, for a person with average skills in the corresponding field, the invention
is neither obvious nor obviously derived from the relevant state of the art.
Lastly, Article 2.6 of Law No. 6867 provides that an invention shall be considered capable of
industrial application when its subject-matter may be produced or used in industry, understood in thewidest sense and including inter alia  crafts, agriculture, mining, fisheries and services.
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Article 1 of the Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of
25 April 1983, as amended by Law No. 7979 of 6 January 2000, specifies what are not considered
inventions, as well as a series of exceptions to patentability.
For the purposes of the Patent Law, the following shall not be considered inventions:IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 16
• Discoveries, scientific theories, mathematical methods and computer programs
considered in isolation.
• Purely aesthetic creations, literary and artistic works.
• Economic, advertising or business plans, principles and methods and those relating to
purely mental or intellectual activities or games.
• The juxtaposition of known inventions or the mixing of known products, or the
alteration of the shape or use, dimensions or materials thereof, except where they are
so combined or merged that they cannot function separately or where theircharacteristic properties or functions are so altered as to produce an industrial result
that is not obvious to a person with technical skill in the field concerned.
The following are the exceptions mentioned in Law No. 6867 and amendments thereto:
• Inventions whose commercial exploitation must objectively and necessarily be
prevented in order to protect public order, morality, human, animal or plant life or
health or to avoid serious prejudice to the environment.
• Diagnostic, therapeutic and surgical methods for the treatment of humans or animals.
• Plants and animals.
• Essentially biological processes for the production of plants or animals.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  on morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
As allowed by Article 27.2 of the TRIPS Agreement and in accordance with the reply to
question 24, paragraph 4(a) of Article 1 of Law No. 6867 of 25 April 1983 and its amendments
includes among the exceptions to patentability inventions whose commercial exploitation must
objectively and necessarily be prevented in order to protect public order and morality, among other
exceptions.
To date, the Industrial Property Registry has not applied such exceptions to any application
for registration of a patent.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
As allowed by Article 27.3(a) of the TRIPS Agreement and in accordance with the reply to
question 24, paragraph 4(b) of Article 1 of Law No. 6867 of 25 April 1983 and its amendments
includes among the exceptions to patentability diagnostic, therapeutic and surgical methods for the
treatment of humans or animals.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 17
As allowed by Article 27.3(b) of the TRIPS Agreement and in accordance with the reply to
question 24, paragraphs 4(c) and (d), of Article 1 of Law No. 6867 of 25 April 1983 and its
amendments include among the exceptions to patentability plants and animals and essentiallybiological processes for the production of plants or animals.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
In fixing the criteria on what is not considered an invention and on exclusions from
patentability (specified in the reply to question 24 above), Costa Rica's legislation does not take
account of micro-organisms, non-essentially biological processes or microbiological processes.  In
Costa Rica, therefore, such products or processes, if they meet the conditions for patentability laid
down in Law No. 6867 of 25 April 1983 and its amendments, may be registered as inventions.
In the specific case of plant varieties, Costa Rica does not yet have any special provisions
because it is covered by the delay allowed by Article 65.4 of the TRIPS Agreement.  Nevertheless, it
should be noted that the Executive has submitted a draft law on the protection of plant varieties to the
Legislative Assembly and this is now being examined by the Deputies and the sectors concerned.
This draft law is not only a response to Costa Rica's commitments under the TRIPS
Agreement, but meets an obvious need for legislation in support of the efforts made by public and
private institutions involved in the breeding of new varieties through genetic improvement
programmes.
The text used as a basis for discussion was drawn up on the basis of the model law of the
UPOV Convention of 1991.  In addition, a draft law amending the Law on Seeds is currently in the
legislative pipeline, giving the National Seeds Office the authority to register new plant varieties.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Article 16 of Law No. 6867 of 25 April 1983 and its amendments contains the provisions on
the rights conferred by patents and the limitations thereon.  Paragraph 1 of this Article provides that
one of the exclusive rights given to a patent owner is that of preventing third parties not having the
owner's consent from offering for sale or importing a product where it is the subject-matter of a patent
or, where the subject-matter of the patent is a process, from offering for sale or importing at least oneproduct directly obtained by that process.
It should also be noted that Costa Rican legislation allows parallel imports under the
conditions set out in Article 16 of the aforementioned Law No. 6867.  The second paragraph of this
Article, in accordance with Article 30 of the TRIPS Agreement, states that, provided that theseexceptions do not unreasonably conflict with a normal exploitation of a patent nor unreasonably
prejudice the legitimate interest of the patent owner or licensee, the rights conferred by the patent do
not extend to the acts of selling, offering for sale, using, importing or in any other way marketing a
product protected by a patent after it has been placed on sale in any country with the consent of the
owner or licensee.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 18
Article 1 of the Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of
25 April 1983 and its amendments, defines what is meant by patentable inventions, which may
include products.  Even though it is not specified in Costa Rica's law, patents may be registered for
pharmaceutical or agricultural chemical products provided that they meet the patentability criteria laiddown in Article 2 of the Law.
Regarding these products, it should be noted that Article 6.8 of the aforementioned Law
No. 6867 contains a provision prohibiting their manufacture, import and marketing if, after a patent
has been registered, the Ministry of Health in the case of drugs, therapeutic articles and substances, or
the Ministry of Agriculture and Livestock in the case of agricultural chemicals, finds that the process
or product does not meet the original criteria under which it was authorized.  Such a prohibition mustbe requested by the Ministry concerned and is without liability for the State.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
As explained in the reply to question 29 above, Article 16 of Law No. 6867 of 25 April 1983
and its amendments covers the rights conferred by patents and the limitations thereon.  Paragraph 1(b)
of the Article defines the owner's rights where the subject-matter of the patent is a process in cases in
which certain acts are carried out in respect of at least one product obtained directly by that process.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prior informed consent to its use).  If such
additional conditions exist, please point out the relevant legislations and describe the additional
conditions in detail.
Article 6(4) of the Patent Law lays down the requirements for the filing of applications in
accordance with Article 29 of the TRIPS Agreement.
In the case of patents involving elements of biological diversity, Articles 63 et seq. of the Law
on Biological Diversity, Law No. 7788 of 30 April 1998, set out the regulations for access to genetic
and biochemical elements of biodiversity ex situ  and in situ  and Article 65 contains the provision on
prior informed consent.  Nevertheless, these provisions have not yet been put into effect so for the
moment they cannot be used against third parties.
In this connection, one important provision that must be taken into account is Article 68 of the
aforementioned Law on Biological Diversity, which determines as a rule of interpretation that theprovision in this Law on access to genetic and biochemical elements of biodiversity shall not
constitute a disguised restriction on or a barrier to trade.  The Article also states that any interpretation
to the contrary will be declared null by the administrative or legal authorities, as appropriate.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Article 16 of Law No. 6867 of 25 April 1983 and its amendments contains the provisions on
rights conferred by patents and limitations thereon.  The exceptions to these rights are specified in
paragraph 2 of the Article, which states that they  shall apply provided that they do not unreasonably
conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate
interests of the patent owner or his licensee.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 19
The rights conferred by a patent do not extend to legal acts of any nature provided that they
are carried out in a private circle and for non-commercial purposes;  acts carried out for experimental
purposes relating to the subject-matter of the invention patented;  and parallel imports (in the terms
described in the reply to question 29 above), inter alia .
34. Please explain whether or not your legislatio n provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
The Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of 25 April 1983
and its amendments, covers the possibility of granting compulsory licences according to the criteria
set out in Article 31 of the TRIPS Agreement on "Other use without authorization of the right holder".
The provisions implementing the commitments imposed by Article 31 are paragraphs 1, 5, 6,
7, 9, and 10 of Article 18, Articles 19 and 20 of the aforementioned Law No. 6867, together withArticles 25 and 30 of the Law on Procedures for the Enforcement of Intellectual Property Rights, Law
No. 8039 of 12 October 2000.
Regarding the individual merits of the applican t for a compulsory licence, paragraph 6 of the
aforementioned Article 18 states that he must have already proved that he has sufficient capacity towork the patented invention and that he has tried to obtain an authorization from the owner of the
rights, on reasonable commercial terms and conditions, and that his efforts have not been successful
within a period of three years as of the date of granting of the patent or four years as of the filing of
the patent application, whichever is the longer.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
Regarding the definition of a reasonable period of time in Costa Rica's Law, Article 18 of the
Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of 25 April 1983 and its
amendments, provides that the granting of a patent in volves the obligation to work the patent in Costa
Rica in a permanent and stable manner so as to ensure that the market has an adequate and reasonable
supply within a period of three years as of the date of granting of the patent or four years as of the
date of filing the patent application, whichever is longer.  Working of the patent may not be
suspended for more than one year.
Regarding the granting of a patent in order to supply the market, paragraph 3 of the
aforementioned Article 18 provides that, for this purpose, local production and lawful import of theproduct shall be considered forms of exploitation.
36. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
Before the entry into force of Law No. 7979 of 6 January 2000, which amends the Law on
Patents, Industrial Designs and Utility Models, Law No. 6867 of 25 April 1983, Costa Rica granted a
term of 12 years' protection to patents in general but only one year for patents for drugs, food
products, agricultural chemicals, inter alia .IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 20
One of the most important amendments to Law No. 7979 is that to Article 17 of the
aforementioned Law No. 6867, which extends patent protection to 20 years.  Costa Rica does not
grant any additional protection to inventions after the expiry of this term.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
According to a transitional provision in Law No. 7979 of 6 January 2000, which amends the
Law on Patents, Industrial Designs and Utility Models, when the term of a patent is less than 20 years
– according to the amendment to Article 17 of the aforementioned Patent Law No. 6867, of25 April 1983 – and protection of the subject-matter has not fallen into the public domain, the owner
may request an extension of the term subject to making an application in writing to the Industrial
Property Registry prior to the expiry of the patent in Costa Rica.  In other cases, the amendments
introduced by Law No. 7979 shall apply.
In this connection, to date, nine requests for the extension of the term of patents have been
granted.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Costa Rican legislation provides for the principle of the burden of proof for process patents in
accordance with the obligation deriving from Article 34 of the TRIPS Agreement.  The specific
provision implementing that obligation can be found in Article 39 of the Law on Procedures for the
Enforcement of Intellectual Property Rights, Law No. 8039 of 12 October 2000.
G.
LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
There was no legislation in Costa Rica protecting layout-designs (topographies) of integrated
circuits until the enactment of a special law, Law No. 7961 of 17 December 1999 entitled "Law on the
Protection of Layout-Designs of Integrated Circuits ".  This Law includes the following provisions:
• The technical concepts necessary to protect layout-designs are defined.
• The requirements of originality are determined.
• Acts that are lawful or unlawful if carried out without the permission of a right holder
are defined.
• The terms of protection are defined.
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 21
Article 8 of Law No.7961 of 17 December 1999 determines the exclusive rights conferred on
the owner by registration of a layout-design of an integrated circuit.  More specifically, the Article
gives the owner the right to prevent third pers ons from performing any of the following acts:
• Reproducing, through incorporation in an integrated circuit or in any other way, all or
part of the protected layout-design that complies with the requirement of originality.
• Marketing, importing, offering for sale, selling or otherwise distributing the protected
layout-design, an integrated circuit incorporating this design or an article containingthe circuit.
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
Article 13 of Law No. 7961 of 17 December 1999 contains a provision entitled "innocent
infringer", according to which performance of any of the acts covered by the exclusive rights of theowner in respect of an integrated circuit that unlawfully incorporates a layout-design or an article
containing such an integrated circuit shall not be  considered an infringement of the rights in a
registered layout-design where the person performing the act does not know or has no reasonable
ground to know that the layout-design had been reproduced unlawfully.
Without prejudice to the provision cited in the previous paragraph, after a person has been
informed that the layout-design was unlawfully reproduced, he may continue to perform the acts with
respect to the stock on hand or ordered before such time, nevertheless, at the request of the owner of
the right, he shall pay compensation equivalent to the royalty that would be payable under a licence.
42. Please state the term of protection granted by your legislation to topographies.
Article 7 of Law No. 7961 of 17 December 1999 establishes the term of protection for layout-
designs as ten years as of the date of filing the application for registration or the last day of the
calendar year in which the layout-design was first commercially exploited anywhere in the world,whichever is the earlier.
Paragraph 2 of this Article also states that the protection of a registered layout-design shall in
any event lapse at the expiry of a period of 15 years from the last day of the calendar year in which
the layout-design was created.
H.
PROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
Costa Rica had no special legislation on undisclosed information until the enactment of Law
No. 7975 of 4 January 2000.  This Law does not fix a specific period for the protection of this type ofbusiness or industrial secret.  Protection is permanent provided that the undisclosed information meets
the requirements laid down in Article 2 of the Law.
44. Please explain how your legislation defines undisclosed information.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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Article 2.1 of Law No. 7975 of 4 January 2000 provides protection for undisclosed
information, meaning information referring to business or industrial secrets which a natural or legal
person keeps confidential in order to prevent info rmation lawfully within their control from being
disclosed to, acquired by or used by others without their consent in a manner contrary to honestcommercial practices, provided that the information meets the following requirements:
• Is secret in the sense that it is not, as a body or in the precise configuration and
assembly of its components, generally known among or readily accessible to personswithin the circles that normally deal with the kind of information in question.
• The person lawfully in control of the information has taken reasonable and
proportionate steps to keep it secret.
• Has commercial value because it is secret.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
One of the innovations introduced into Cost a Rican legislation by Law No. 7975, the Law on
Undisclosed Information of 4 January 2000, is the regulation of the circumstances in which
undisclosed test or other data must be submitted to official bodies as a condition of approval of the
marketing of pharmaceutical or agricultural chemical products;  such data shall be protected against
any unfair commercial use and any disclosure, in accordance with the provisions of Article 8 of the
aforesaid Law No. 7975.
The competent bodies are currently working on the regulations necessary to implement this
legislation.  Among other things, the regulations will deal in more detail with the scope of Article 8 of
the aforesaid Law.
In addition, attention should be drawn to Ar ticle 9 of the aforesaid Law No. 7975, which
refers to the protection of undisclosed information in administrative or judicial proceedings.  It
provides that, in any administrative or judicial pr oceedings in which one of the parties is required to
present undisclosed information, the authority hearing the case shall take all necessary steps to
prevent its disclosure to third parties not involved in the dispute.
I. E
NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
The Law on Procedures  for the Enforcement of Intellectual Property Rights, Law No. 8039
of 12 October 2000, introduces important provisions to protect the holders of intellectual propertyrights through the establishment of precautionary measures, border measures, administrative
proceedings and civil and criminal proceedings.
The most relevant aspects of these provisions are as follows:
• Protection of intellectual property right holders by means of the necessary rules on
precautionary measures (including those applied by the customs).IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 23
• Precautionary measures can be applied by the administrative or judicial authorities,
provided that the applicant can prove that he is the right holder or his representative.
The competent authorities will require security from the applicant sufficient to protect
the alleged infringer and prevent abuse.
• Requirement to grant a hearing on the application of precautionary measures, unless
this might render them ineffective;  however, where a precautionary measure has beenimposed without a hearing, the authority shall notify the party concerned within
three working days of its imposition, at the latest.
• The applicant must file an administrative  complaint or initiate legal proceedings
within one month of notification of the decision ordering the precautionary measure.
• The right holder may request the administrative or judicial authorities to order the
customs authorities to suspend importation or exportation at the time of clearance;
however, he must prove that he is the right holder or his representative, provide
security and supply the necessary information and a description of the goods so that
they are readily identifiable by the customs authorities.
• The customs authorities must act ex officio and suspend clearance of the goods if
there is a presumption that they infringe an intellectual property right.  The authorities
must report the commission of the offence to the Public Prosecutor's Office within
24 hours of retaining the goods.
• The judicial authorities may order the customs authorities to destroy or dispose of the
infringing goods.
• Protection of injured parties in the event of wrongful detention of the goods.
• Establishment of an Administrative Registration Court, which will exhaust the
administrative remedies and hear appeals against decisions taken by the Industrial
Property Registry and the National Registry of Copyright and Related Rights.
• Provision for the holding of summary civil intellectual property proceedings.
• Prison sentences for offences against intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Article 49 of Costa Rica's Political Constitution provides for administrative litigation
jurisdiction within the Judiciary in order to guar antee the legality of the State's administrative
function, of its institutions and of any other public body.
In this connection, once the Regulations of the Law on Procedures for the Enforcement of
Intellectual Property Rights, Law No. 8039 of 12 October 2000, are in force and the Administrative
Registration Court is functioning, appeals against decisions taken by the Court may be made through
administrative litigation channels.  The special provisions applicable to this procedure are to be found
in the Law Regulating the Administrative Litigation Jurisdiction, Law No. 3367 of 12 March 1966
and its amendments.IP/Q/CRI/1, IP/Q2/CRI/1,
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It should be recalled that, in view of the n eed to strengthen administrative procedures in
intellectual property cases and thus avoid recourse to judicial channels, Articles 19 et seq.  of Law
No. 8039 provide for the creation of the Administrative Registration Court, which will exhaust
administrative channels for any appeals lodged against decisions of the Industrial Property Registryand the National Registry of Copyright and Related Rights, as well as other registries forming part of
the National Registry.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
Pursuant 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 evidence within its control.  Article 39 of the
Law on Procedures for Enforcement, for example, states that "In abridged proceedings or in cases of
unfair competition in the context of summary proceedings, where a party has identified any relevantevidence 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."
As far as undisclosed information (business or industrial secrets) is concerned, Article 39 of
Law No. 8039 on Procedures for Enforcement provides that, where a request is made for evidencewithin the control of the opposing party, it shall be presented on condition that its protection is
guaranteed.
In addition, Article 9 of the Law on Undisclosed Information, Law No. 7975 of
4 January 2000, states that "In any administrative or judicial proceedings in which one of the parties isrequired to present undisclosed information, the authority hearing the case shall take all necessary
steps to prevent its disclosure to third parties not in volved in the dispute.  None of the parties to the
proceedings may disclose or use such information."
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Article 5 of the Law on Procedures for the Enforcement of Intellectual Property Rights,
Law No. 8039, provides that the immediate cessation of the acts constituting the infringement are one
of the precautionary measures that may be ordered by the competent authorities.
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Pursuant to Article 221 of the Code of Civil Pr ocedure, in judgments 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 judgments when deciding on exce ptions or incidental claims which terminate 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 Law No. 8039 on Procedures for the Enforcement of
Intellectual Property Rights provide that if a precautionary measure was requested prior to theproceedings and a petition is not presented within one month from notification of the order imposing
the measure or if the precautionary measure is annulled or for any other reason becomes without
effect, any person claiming the right to compensation for the injury caused as a result of the measure's
imposition shall make a request within one month to the body hearing the initial case.  If he does notIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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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.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
As indicated in the reply to the previous question, according to Article 221 of the Code of
Civil Procedure, in judgments 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 judgments when deciding
on exceptions or incidental claims which terminate the proceedings, the losing party shall be ordered
to pay the personal and procedural costs, including attorney's fees.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
Article 17 of the Law on Procedures for the Enforcement of Intellectual Property Rights, Law
No. 8039 of 12 October 2000, contains a provision on the destruction and seizure of goods.  This
Article provides that, when a judicial authority issues an order authorizing the destruction of goods, it
shall take into account the interests of third parties and the proportionality between the seriousness of
the infringement and the measure ordered.  The final decision by the judicial authority may provide
that the customs authorities destroy or dispose of counterfeit or illegal goods.
The customs authorities shall not permit the reexport of counterfeit or illegal goods in an
unaltered state or subject them to a different cust oms procedure, until the competent judicial authority
takes a decision on their destination or destruction.
Articles 41 and 71 of Law No. 8039 of 12 October 2000 also provide that in civil and criminal
proceedings, at the request of a party or ex officio, the judicial authorities may order the seizure of the
counterfeit or illegal goods, either in the form of an interlocutory order or in a ruling.  The destruction
of the goods may be ordered in a ruling.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
According to Article 3 of Law No. 8039 of 12 October 2000, when ordering a precautionary
measure, the judicial authorities, the Industrial Property Registry or the National Registry of
Copyright and Related Rights shall require the person requesting the measure to deposit sufficient
security before ordering the measure in order to protect the alleged infringer and prevent abuse.
Article 9 of the aforementioned Law No. 8039 prov ides that, if a judicial complaint is not
lodged within the time-limit or if the precautionary measure is annulled or for any other reason
becomes without effect, any person claiming the right to compensation for the injury caused as a
result of the measure's imposition shall make a reques t within one month to the authority hearing the
original 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.
According to Article 227 of the Code of Ci vil Procedure, in civil proceedings when
preventive seizure has been ordered, if a complaint is not submitted within the time-limit fixed for thispurpose or is definitively rejected in a final ruling, the seizure shall be lifted and the plaintiff shall be
ordered to compensate for the injury caused.  Accord ing to the provisions in the Criminal Code, it is
also possible to bring an accusation for slander and, ei ther in criminal or civil proceedings, to bring a
civil action for indemnification of the injury caused.IP/Q/CRI/1, IP/Q2/CRI/1,
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54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Section I, Chapter II of Law No. 8039 of 12 October 2000, the Law on Procedures for the
Enforcement of Intellectual Property Rights, establishes the rules relating to precautionary measures.
The following are among the most relevant provisions:
• Precautionary measures can be applied by the administrative or judicial authorities,
provided that the applicant can prove that he is the right holder or his representative.
The competent authorities will require security from the applicant sufficient to protect
the alleged infringer and prevent abuse.
• Referral to the Code of Civil Procedure and the Code of Criminal Procedure for the
application of precautionary measures, although some of the measures that may berequested are mentioned, including the cessation of the acts that constitute
infringement; seizure;  the suspension of release of the goods, and the deposit of
security.
• Requirement to grant a hearing on the application of precautionary measures, unless
this might render them ineffective; however, where a precautionary measure has beenimposed without a hearing, the authority shall notify the party concerned within
three working days of its imposition, at the latest.
• The applicant must file an administrative  complaint or initiate legal proceedings
within one month of notification of the decision ordering the precautionary measure.
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
Article 10 of Law No. 8039 of 12 October 2000 empowers the right holder to request the
administrative authorities (Director of the Industrial Property Registry or the Director of the National
Registry of Copyright and Related Rights) or the judicial authorities to order the customs authorities
to suspend import or export of counterfeit goods at the time of clearance;  however, he must prove
that he is the right holder or his representative, provide security and supply the information and adescription of the goods so that they are readily identifiable by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Articles 10 et seq. of the Law on Procedures for the Enforcement of Intellectual Property
Rights, Law No. 8039 of 12 October 2000, establish the rules relating to border measures.  These
provisions apply to all intellectual property rights.
The provisions on the application of border measures in the aforementioned Law No. 8039
include the following:
• The right holder may request the administrative authorities (Director of the Industrial
Property Registry or the Director of the National Registry of Copyright and RelatedRights) or the judicial authorities to order the customs authorities to suspend import or
export of counterfeit goods at the time of clearance;  however, he must prove that heIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 27
is the right holder or his representative, provide security and supply the information
and a description of the goods so that they are readily identifiable by the customs
authorities.
• The customs authorities must act ex officio and suspend release of the goods if there
is a presumption that they infringe an inte llectual property right.  The authorities must
report the commission of the offence to the Public Prosecutor's Office within 24 hours
of retaining the goods.
• The customs authorities must, in response to an application by the right holder,
communicate the name and address of the shipper, the importer or exporter and theconsignee of the goods, as well as the volume and description of the goods withheld,
provided that the Industrial Property Registry, the National Registry of Copyright andRelated Rights or the judicial authorities have proof of an infringement.
• The customs authorities may act ex officio to suspend the release of goods.
• The judicial authorities may order the customs authorities to destroy or dispose of the
infringing goods.
• Protection of injured parties in the event of wrongful detention of the goods.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
As indicated in the reply to question 52 above, Articles 41 and 71 of Law No. 8039 of
12 October 2000 provide that in civil and criminal pro ceedings, at the request of a party or ex officio,
the judicial authorities may order, either in the form of an interlocutory ruling or in a judgment, the
seizure of counterfeit or illegal goods.  The destruction of the goods may be ordered in a judgment.
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
Article 12 of Law No. 8039 of 12 October 2000 specifies the cases in which border measures
do not apply.  In this connection, the Law determines that border measures do not have to be applied
to lawful imports and quantities of goods that are contained in travellers' personal luggage.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
With respect to Article 61 of the TRIPS Agreement, one of the main innovations of the Law
on Procedures for the Enforcement of Intellectu al Property Rights, Law No. 8039 of 12 October 2000,
is the establishment in Articles 44 et seq. of a list of offences for the purpose of protecting legal
interests deriving from trademarks and distinctive signs, undisclosed information, copyright and
related rights, patents, industrial designs, utility models and layout-designs of integrated circuits.  All
these offences are punishable by a prison sentence of one to three years.
Nevertheless, the Government of Costa Rica is aware that the enactment of Law No. 8039 is
only the beginning of a legislative and educational process of securing effective protection forintellectual property rights.  Accordingly, the Govern ment has taken the initiative of submitting to the
Legislative Assembly a draft law amending Law No. 8039, which will increase the prison sentences
for offences against intellectual property rights to four years, reform the proceedings for copyrightIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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offences to make them public, and repeal Article 70 of the Law relating to the principle of significant
injury.
 IV. REPLIES TO THE QUESTIONS POSED BY THE UNITED STATES
A. GENERAL PROVISIONS
1. Please describe, in relation to each form  of intellectual property covered by the
TRIPS Agreement, including plant variety protection, the manner in which national treatment
and most-favoured-nation treatment are provided to nationals of other WTO Members and cite
to the relevant provisions of law.
Under the principle of non-discrimination, Costa Rica does not envisage in its legislation any
exception to the principle of national treatment or the most-favoured-nation principle.  More
specifically, the country has not submitted to WIPO  any restriction to the protection of owners of
intellectual creations under Article 6 of the Berne Convention or under Article 16 of the Rome
Convention.
In the particular case of plant varieties, Costa Rica has as yet no special provisions in this
regard owing to the fact that the country has taken advantage of the delay allowed under Article 65.4
of the TRIPS Agreement.  However, it should be pointed out that the Executive has submitted to
Legislative Assembly a draft law on the protection of plant varieties, which is being studied by the
deputies and the sectors concerned.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Costa Rica complies with Article 9
of the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations
relating to the latter Article under the TRIPS Agreement.
First of all, the Berne Convention for the Protection of Literary and Artistic Works was
adopted in Costa Rica as Law of the Republic No. 6083 of 29 August 1977.
Furthermore, the Law on Copyright and Re lated Rights, Law No. 6683 of 14 October 1982
and its amendments, implements the obligations derived from Article 9 of the TRIPS Agreement, inaddition to protecting the moral rights contained in Article 6 bis of the Berne Convention.
In particular, Articles 1 to 21 of the Berne Convention, except for Article 15, have been
incorporated into Costa Rican legislation by means of Articles 1 to 76 of the above-mentioned
Law No. 6683, while Article 16 of the Berne Convention has been incorporated through theprovisions of Articles 41 and 71 of the Law on Procedures for the Enforcement of Intellectual
Property Rights, Law No. 8039 of 12 October 2000.
3. Please explain how the copyright law of Costa Rica protects computer programs as
literary works and compilations of data as re quired by Article 10 of the TRIPS Agreement and
cite to the relevant provisions of law.
Article 1.2 of the Law on Copyright and Related Rights, Law No. 6683 of 14 October 1982
and its amendments, states that "'literary and artistic works' shall be taken to mean all productions in
the literary and artistic domain, whatever the form of expression thereof, such as: … computerprograms, including successive versions thereof and derived programs".IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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In addition, Article 8 of the above-mentioned Law No. 6683 protects databases as
compilations.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Costa Rica.
Article 16 of the Law on Copyright and Rela ted Rights, Law No. 6683 of 14 October 1982
and its amendments, states that the author of a literary or artistic work shall have the exclusive right to
use that work.
The exclusive rights of the author include, und er Article 16(g), the right of distribution, while
Article 4(p) of the same Law No. 6683 establishes the scope of this right, namely the placing of the
original or copies of the work or phonogram at the disposal of the public by sale, rental, importation,
lending or in any other similar form.
5. Please state the length and terms of protection the copyright law of Costa Rica provides
for a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
Article 1.2 of the Law on Copyright and Related Rights, Law No. 6683 of 14 October 1982
and its amendments, recognizes as literary and artistic works photographic works and works
expressed by a process analogous to photography.  It also recognizes works of applied art such as
illustrations, maps, plans, sketches and three-dimensional works relating to geography, topography,
architecture or science.
Consequently, the authors are the owners of the economic and moral rights over such literary
and artistic works.
6. Please describe the protection the copyright law of Costa Rica provides for performers,
and the term of the protection.
Articles 77 et seq. of the Law on Copy right and Related Rights, Law No. 6683 of
14 October 1982 and its amendments, establish provisions relating to the protection of performers.  In
particular, Article 78 states that performers or their agents, heirs, successors or assignees, having
acquired their status either free or for a consideration, shall have the right to authorize or prohibit the
fixation, reproduction, communication to the public, transmission or retransmission by radio ortelevision or any other form of use of their performances.
Furthermore, in accordance with Article 87 of the above-mentioned Law No. 6683, the
protection granted in respect of the rights of performers is 70 years, counted from 31 December of the
year when the performance took place.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Pleasedescribe how the copyright law of Costa Rica implements these obligations and indicate the
term of protection.
Articles 81 et seq. of the Law on Copy right and Related Rights, Law No. 6683 ofIP/Q/CRI/1, IP/Q2/CRI/1,
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14 October 1982 and its amendments, govern the protection of producers of phonograms.
Article 82 of Law No. 6683 was amended by Law No. 7979 of 6 January 2000 so as to
establish, among other rights, that producers of phonograms shall have the exclusive right to authorizeor prohibit the direct or indirect reproduction of their phonograms and the commercial rental to the
public of the originals or copies.
Furthermore, as mentioned above, under Article 87 of Law No. 6683 the protection granted to
producers of phonograms is 70 years, counted from 31 December of the year when the fixation took
place.
C. TRADEMARKS
8. Please describe the subject-matter that can comprise a trademark under the trademark
law of Costa Rica.
Article 3 of the Law on Trademarks and Other Distinctive Signs, Law No. 7978 of
6 January 2000, refers to the signs that may constitute a trademark.  This provision states that,
trademarks comprise, in particular, any sign or combination of signs capable of distinguishing the
goods or services, especially words or series of words (including names of persons), letters, numbers,
figurative elements, figures, monograms, portraits, labels, coats of arms, patterns, vignettes, borders,
lines or stripes, combinations and arrangements of colour, and any other distinguishing mark.  Theymay also consist in the shape, presentation or packaging of the products, or their containers or
wrapping or the mode or place of sale of the corresponding products or services.
Furthermore, Article 3 of the above-mentione d Law No. 7978 states that the nature of the
product or service to which the trademark is to be applied, will in no circumstances constitute anobstacle to the registration of the trademark.
9. Please describe in detail how Costa Rica protects well-known trademarks and service
marks and cite to the relevant provisions of law.
One of the main innovations of the Law on Trademarks and Other Distinctive Signs,
Law No. 7978 of 6 January 2000, was the protection under Costa Rican law of well-knowntrademarks of goods or services.
By virtue of Article 6 bis of the Paris Convention, Law No. 7484 of 28 March 1985 and, more
specifically, Article 44 of the above-mentione d Law No. 7978, Costa Rica acknowledges the right of
the owner of a well-known trademark to prevent an unauthorized third party from taking improperadvantage of knowledge of the trademark or weakening its distinctive force or commercial or
advertising value.  In addition, this Article stipulates that the articles falling within Part II of
Law No. 7978 relating to the general provisions on trademarks (namely, registration, the duration,
renewal and modification of registration, and the rights, obligations and limitations relating to the
registration of trademarks) will also apply in the case of well-known trademarks on goods or services.
Finally, Article 45 of the above-mentioned Law No. 7978 provides an enunciative list of
criteria for establishing whether a trademark is well known.IP/Q/CRI/1, IP/Q2/CRI/1,
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D. GEOGRAPHICAL INDICATIONS
10. Please describe in detail how the laws of Costa Rica provide for the recognition andprotection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of geographicalindications so protected.
The Law on Trademarks and Other Distinct ive Signs, Law No. 7978 of 6 January 2000,
defines geographical indications as the geographical name of a country, region or locality used in the
presentation of a good to indicate its place of origin, provenance, manufacture, harvesting or mining.
Article 71 et seq. of this Law does not permit a geographical indication to be used in trade for
any purpose connected with the designation or presentation of a product or service if such indication
is false or indicates or suggests to the public a false or deceptive notion of its origin or if its use might
mislead the public as to the origin, provenance or characteristics or the qualities of the product or
services.
Geographical indications may not be used in such a way as to constitute an act of unfair
competition.
In addition, Law No. 7978 prohibits the use in advertising and in trade documentation relating
to the sale, presentation or offer of products or services of an indication liable to create confusion orerror as to the geographical origin of the products because they did not originate in the place
designated by the geographical indication or, even if the origin of the product or service is indicated,
where confusion is nevertheless created in the minds of the public.  Law No. 7978 also prohibits the
use of expressions such as "kind", "type", "style", "imitation" or the like in the registration of
trademarks.
In connection with the procedure and conditions for registering appellations of origin, it
should be noted that Article 75 et seq. of Law No. 7978 contain the most important special provisions,
including:  prohibition, application, procedure, duration and modification and cancellation of the
registration.
To date, six appellations of origin have been registered and several applications for
registration have been made, including those relating to coffee, bananas, cheese and wood.
11. Please describe in detail the manner in which the additional protection required for
wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications forsuch products.
Article 71 of Law No. 7978 of 6 January 2000 st ates that a geographical indication (which
will also apply in the case of wines and spirits) may not be used in trade for any purpose connected
with the designation or presentation of a product or service if such indication is false or, althoughliterally true with regard to the territory, region or locality of origin of the products or services,
indicates or suggests to the public a false or deceptive notion of their origin or if its use might mislead
the public as to the origin, provenance, characteristics or qualities of the product or services.
In addition, as mentioned above, Article 72 of Law No. 7978 prohibits the use in advertising
and in trade documentation relating to the sale, presentation or offer of products or services of an
indication liable to create confusion or error as to the geographical origin of the products because they
did not originate in the place designated by the geographical indication or, even if the true origin ofIP/Q/CRI/1, IP/Q2/CRI/1,
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the product or service is indicated, where confusion is nevertheless created in the minds of the public.
The use of expressions such as "kind", "type", "style", "imitation" or, the like in the registration of
trademarks is also not allowed.
Article 75 et seq. of the aforementioned Law No. 7978 provide that the registration of a
trademark for wines or spirits consisting in a geographical indication may be prohibited or cancelled if
the product in question does not have the geographical indication claimed for registration purposes.
To date, there has only been one registration in Costa Rica of an appellation of origin relating
to spirits and no other application has been submitted for this kind of product.
E. INDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law in Costa Rica, and describe the nature of the
protection provided.
The protection of industrial designs is governed by Law No. 6867 of 25 April 1983, the Law
on Patents, Industrial Designs and Utility Models and its amendments.
Article 25 et seq. of Law No. 6867 establish the rules regarding industrial designs and utility
models.  Article 26.1 of that Law stipulates th at new and original industrial designs obtained
independently will be protected.  However, Article 25.2 of that same Law provides that the protection
granted shall not include the elements or characteristics of the industrial design that only serve to
achieve a technical or functional effect.
Article 25.4 of Law No. 6867 provides that the ow ner of a protected industrial design shall
have the right to prevent third parties not having the owner's consent from making, selling or
importing articles bearing or embodying a design which is a copy, or substantially a copy of the
protected design.
In addition, Law No. 6867 sets forth in Article 28 the requirements for submitting an
application for the registration of an industrial design or utility model to the Industrial Property
Registry.
Finally, Article 30 of Law No. 6867, through an amendment incorporated by Law No. 7979
of 6 January 2000, establishes a period of protection of ten years upon registration of the industrial
design.
13. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
There are no specific rules under Costa Rican legislation for the registration of textile designs.
The provisions cited in response to the previous question, especially Article 28 of Law No. 6867 of
25 April 1983 and its amendments, are applicable for the registration of textile designs andconsequently the protection of this kind of intellectual property is not unreasonably impaired.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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F. PATENTS
14. Please describe in detail the way in which the patent law of Costa Rice implementsArticle 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiologicalprocesses and plant varieties.  Please cite to the relevant provisions of the law.
Article 1 of the Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of
25 April 1983, as amended by Law No. 7979 of 6 January 2000, defines what is meant by patentable
inventions, which may include products or processes.  Article 2.1 of this same Law establishes that an
invention is patentable if it is new, involves an inventive step and is capable of industrial application.
Furthermore, Article 2.7 stipulates that patentable inventions will be those that fulfil the requirementslaid down in the law without discrimination as to the place of invention, the field of technology and
whether the products are imported or locally produced.
In addition, Article 1 of the aforementioned Law No. 6867 indicates what is not regarded as
an invention, together with a series of exceptions to patentability.
For the purposes of the patent law, the following are not regarded as inventions:
• Discoveries, scientific theories, mathematical methods and computer programs
considered in isolation.
• Purely aesthetic creations, literary and artistic works.
• Economic, advertising or business plans, principles and methods and those relating to
purely mental and intellectual activities and games.
• The juxtaposition of known inventions or the mixing of known products, or the
alteration of the shape or use, dimensions or materials thereof, except where they are
so combined or merged that they cannot function separately, or where theircharacteristic properties or functions are so altered as to produce an industrial result
that is not obvious to a person with technical skill in the field concerned.
The exceptions mentioned in Law No. 6867 and its amendments are as follows:
• Inventions, the prevention of the commercial exploitation of which is objectively
necessary to protect ordre public, morality or human, animal or plant life or health orto avoid serious prejudice to the environment.
• Diagnostic, therapeutic and surgical methods for the treatment of humans or animals.
• Plants and animals.
• Essentially biological processes for the production of plants or animals.
In the case of plant varieties, it is important to note that the Executive has submitted to the
Legislative Assembly a draft law on the protection of plant varieties.  This draft law is a response not
only to the commitments undertaken by our country under the TRIPS Agreement, but also to the clear
need to have legislation that supports the efforts of public and private institutions that are nowintervening in the generation of new varieties through programmes of genetic improvement.IP/Q/CRI/1, IP/Q2/CRI/1,
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The text for discussion was prepared on the basis of the model law of the UPOV Convention
of 1991.  In addition, it should be mentioned that a draft law is currently in the legislative pipeline
with a view to amending the Law on Seeds so as to give powers to the National Seeds Office for theregistration of new plant varieties.
15. Please describe in detail the rights provided to patent holders under the patent law of
Costa Rica and cite to the relevant provisions of law.
Under Article 16.1 of Law No. 6867 of 25 April 1983, the patent gives the owner the
exclusive right to exploit the invention and to award licences to third parties for exploitation.  Inaddition, the patent confers on its owner the following exclusive rights:
Where the subject-matter of a patent is a product, to prevent third parties not having the
owner's consent from the acts of:  making, using, offering for sale, selling or importing for these
purposes that product.
Where the subject-matter of a patent is a process, to prevent third parties not having the
owner's consent from the act of using the process, and from the acts of:  using, offering for sale,
selling or importing for these purposes at least the product obtained directly by that process.
16. Please describe in detail any provision s in the laws of Costa Rica permitting
unauthorized used of a patent, citing to the relevant provisions of law, and describe in detail the
conditions under which such use can occur.
The Law on Patent, Industrial Designs and Utility Models, Law No. 6867 of 25 April 1983
and its amendments, provides for the granting of compulsory licences subject to the conditions of
Article 31 of the TRIPS Agreement on "Other Use Without Authorization of the Right Holder".
The provisions implementing the obligations deriving from the aforesaid Article 31 are
paragraphs 1, 5, 6, 7, 9 and 10 of Article 18, Article 19 and Article 20 of the above-mentioned
Law No. 6867, as well as Articles 25 and 30 of the Law on Procedures for the Enforcement of
Intellectual Property Rights, Law No. 8039 of 12 October 2000.
17. What term of protection does the patent law of Costa Rica provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
Prior to the entry into force of Law No. 7979 of 6 January 2000, which amends the Law on
Patents, Industrial Designs and Utility Models, Law No. 6867 of 25 April 1983, Costa Rica granted
12 years' protection to patents in general, but only one year to patents for medicines, foodstuffs,
agricultural chemical products, and so forth.
One of the most significant amendments of Law No. 7979 is the amendment to Article 17 of
the aforesaid Law No. 6867, which extends the protection for patents to 20 years.
18. Please describe in detail how Costa Rica has extended the term of protection required
by Article 33 of the TRIPS Agreement to patents that existed and were protected in Costa Ricaon 1 January 2000 and cite to the relevant provisions of law.
By a transitional measure established in Law No. 7979 of 6 January 2000, which amends the
Law on Patents, Industrial Designs and Utility Models, it was provided that when the term of theIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 35
patent is less than 20 years – in accordance with the amendment to Article 17 of the aforesaid Law on
Patents, No. 6867 of 25 April 1993 – and the protection has not passed into the public domain, the
owner will have to apply for an extension by submitting an application in writing to the Industrial
Property Registry before the expiry of the patent in Costa Rica.  In other respects, the amendmentsintroduced by Law No. 7979 will apply.
On this basis, to date, nine applications for the extension of the term of a patent have been
granted.
G. LAY-OUT DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection  for lay-out designs of integrated circuits
provided under the laws of Costa Rica, including the term of protection, and cite to the relevant
provisions of  law.
There was no legislation in Costa Rica protecting the lay-out designs (topographies) of
integrated circuits until the promulgation of a special law, Law No. 7961 of 17 December 1999entitled "Law on the protection of lay-out designs of integrated circuits".  This Law includes the
following provisions:
• It defines the technical concepts necessary to protect layout designs.
• It determines the requirements of originality.
• It determines what acts are lawful or unlawful if they are carried out without the
permission of the right holder.
Lay-out designs are protected for ten years from the date of submission of the application for
registration or for 15 years from the last day of the calendar year in which the layout was designed.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Costa Rica provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and cite to the
relevant provisions of law.
Costa Rica had no specific legislation on undisclosed information until the promulgation of
Law No. 7975 of 4 January 2000.  The scope of protection defined in Article 2 of this Law
implements the obligations deriving from Article 39.2 of the TRIPS Agreement.
21. Please describe in detail the manner in which protection is provided for test data
regarding pharmaceutical and agricultural chemical products submitted to the Government of
Costa Rica in order to obtain marketing approval in Costa Rica, and cite to the relevantprovisions of law.
One of the innovations introduced into Cost Rican legislation by Law No. 7975, the Law on
Undisclosed Information of 4 January 2000, is the regulation of the circumstances in which
undisclosed test or other data must be submitted as a condition of approval of the marketing ofpharmaceutical or agricultural chemical products;  such data shall be protected against any unfair
commercial use and any disclosure, in accordance with the provisions of Article 8 of the aforesaid
Law No. 7975.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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The competent bodies are currently working on the regulations necessary to implement this
legislation.  Among other things, the regulations will deal in more detail with the scope of Article 8 of
the aforesaid Law.
22. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible.
Human medicines are registered by the Ministry of Health, while veterinary medicines and
agricultural chemical products are registered by the Ministry of Agriculture and Livestock.
If it is decided to import or market patents on medicines or agricultural chemical products,
they must first be registered at the respective ministry.  For that to take place, a series of requirements
needs to be met, including the provision of formulas (qualitative and quantitative), although officialsare forbidden to reveal such formulas for the term  of protection of the patent, i.e. 20 years.  This
prohibition derives from the provisions of the Law on Undisclosed Information, Law No. 7975 of
4 January 2000.
In the case of both the importation and the marketing of products, the information supplied by
the first registrant is not public.  In the event of a second registrant wishing to market or import the
product, he will have to request the Ministry to check that the respective formulas are identical.
However, in no circumstances will private individuals have access to the information.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Costa Rica provide for
effective action against infringement of intellectual property rights as required by Article 41.1
of the TRIPS Agreement.
The Law on Procedures for the Enforcement of Intellectual Property Rights, Law No. 8039 of
12 October 2000, introduces important provisions for protecting the holders of intellectual property
rights through the establishment of precautionary measures, border measures, administrativeproceedings and civil and criminal proceedings.
The aforesaid Law No. 8039 includes expeditious remedies to prevent infringements of
intellectual property rights and to deter further infringements, as stipulated in Article 41.1 of the
TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party's claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Costa Rica provide this authorizat ion, citing to the relevant provisions of law or
regulation.
Article 39 of the Law on Procedures for the Enforcement of Intellectual Property Rights,
Law No. 8039 of 12 October 2000, states that "In accelerated proceedings or in cases of unfair
competition in the context of summary proceedings, where a party has identified any relevantevidence 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.  Where necessary, such evidence will be presented on
condition that the protection of undisclosed information is guaranteed".IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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25. Please describe in detail all of the civil remedies that are available to right holders under
the laws of Costa Rica, citing to the relevant provisions of law or regulation.
Section I, Chapter IV of Law No. 8039 on Procedures for the Enforcement of Intellectual
Property Rights establishes the rules for civil proceedings.  Law No. 8039 refers to the Code of Civil
Procedure in connection with the application of pr ecautionary measures and accelerated proceedings.
With regard to the above, it should be pointed out that Article 420 of the Code of Civil
Procedure was amended by Law No. 7979 of 6 January 2000 so as to allow intellectual property cases
to be heard under the accelerated procedure – which is a much more expeditious than ordinaryproceedings.  However, cases of unfair competition relating to trademarks are dealt with under the
summary procedure (which is even more rapid) in accordance with the provisions of Article 17 of the
Law on the Promotion of Competition and Effective Protection of Consumers, Law No. 7472, which
refers to Article 432 of the Code of Civil Procedure.
Other important provisions contained in Section 1 of Chapter IV of Law No. 8039 refer to the
determination of damages and the authorization of the seizure and destruction of goods in a civil
judgment.
26. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Costa Rica, citing to the relevant provisions  of law and regulation,
and indicate any condition under which a right holder may avail itself of those procedures and
remedies.
Section I, Chapter II of Law No. 8039 of 12 October 2000, the Law on Procedures for the
Enforcement of Intellectual Property Rights, establishes the rules relating to precautionary measures.
Among the most relevant provisions are the following:
• Applicability of precautionary measures by the administrative or judicial authority,
provided that the applicant can show that he is in fact the holder or his representative.
The competent authority will require security from the applicant sufficient to protect
the alleged infringer and prevent abuse.
• Reference to the Code of Civil Procedure and the Code of Criminal Procedure for the
application of precautionary measures, although some of the measures that may berequested are mentioned, including the cessation of the acts that constitute
infringement; seizure;  the suspension of release of the goods, and the furnishings of
security.
• Requirement to grant a hearing on the application of precautionary measures, unless
this might render them ineffective; however, where a precautionary measure has beenexecuted without a hearing, the authorities shall notify the party concerned within
three working days of its execution, at the latest.
The applicant must file an administrative comp laint or initiate legal proceedings within one
month of notification of the decision adopting the precautionary measure.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Costa Rica that provide forborder enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.
Article 10 et seq. of the Law on Procedures for the Enforcement of Intellectual Property
Rights, Law No. 8039 of 12 October 2000, lay down the rules governing border measures.  These
provisions apply to all intellectual property rights.
The following provisions on the application of border measures in the aforementioned
Law No. 8039 should be noted:
• The right holder may request the administrative authority (Director of the Industrial
Property Registry or the Director of the National Registry of Copyright and Related
Rights) or the judicial authority to order the customs authorities to suspend
importation or exportation at the time of clearance; however, he must show that he is
in fact the holder or his representative, provide security and supply the necessaryinformation and description of the goods so that the customs authorities can easily
identify them.
• The customs authorities must act ex officio and suspend release of the goods if there
is a presumption that they infringe an intellectual property right.  The authorities must
report the commission of the offence to the Public Prosecutor's Office within 24 hoursof retaining the goods.
• The customs authorities must, in response to an application by the right holder,
communicate the name and address of the consignor, the importer or exporter and theconsignee of the goods, and also the quantity and description of the goods withheld,
provided that an infringement has been found to exist by the Industrial PropertyRegistry, the National Registry of Copyright and Related Rights or the judicial
authority.
• The customs authorities may act ex officio to suspend the release of goods.
• The judicial authorities may order the customs authorities to destroy or dispose of the
infringing goods.
• Protection of injured parties in the event of unjustified retention of the goods.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of law.
As indicated in the previous reply, the provisions contained in Articles 10 et seq. of
Law No. 8039 of 12 October 2000 are applicable to all forms of intellectual property and not
exclusively to counterfeit trademark goods or pirated copyright goods.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Costa Rica are empowered to act ex officio and, if so, please identify the intellectual property
areas subject to ex officio action.
As indicated in the previous replies, one of the distinctive features of Law No. 8039 of
12 October 2000 on Procedures for the Enforcement of Intellectual Property Rights is that its
provisions cover all kinds of intellectual property.
In the specific case of ex officio action on the part of the custom authorities, Article 16 of the
above-mentioned Law No. 8039 permits it when they have sufficient grounds for considering that anintellectual property right is being infringed, in which case they must act ex officio and suspend
release of the goods, either on the basis of the grounds themselves or because the goods might mislead
customers.  Within 24 hours of the goods being w ithheld, the customs authorities must notify the
Public Prosecutor's Office that one of the offences covered by this Law has been committed.  If they
fail to do so, the goods shall be returned and the customs authorities shall be liable under the terms ofthe General Public Administration Law – which establishes the liability of the government for the
conduct of public officials, whether lawful or unlawful.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Costa Rica implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement  on a commercial scale.  Please cite to the
relevant provisions of law and regulation.
With respect to Article 61 of the TRIPS Agreement, one of the main innovations of the Law
on Procedures for the Enforcement of Intellectu al Property Rights, Law No. 8039 of 12 October 2000,
is the establishment in Article 44 et seq. of a list of offences for the purpose of protecting legal
interests deriving from trademarks and distinctive signs, undisclosed information, copyright and
related rights, patents, industrial designs, utility models and lay-out designs for integrated circuits.
All these offences are punishable by a prison sentence of one to three years.
Nevertheless, the Government of Costa Rica is aware that the promulgation of Law No. 8039
on Procedures for the Enforcement of Intellectual Property Rights is only the beginning of a
legislative and educational process of securing effective protection for intellectual property rights.
Accordingly, the government has taken the initiative of submitting to the Legislative Assembly a draft
law amending Law No. 8039, which will increase the sentences for offences against intellectualproperty rights to four years, reform the proceedings for copyright offences to make them public and
repeal Article 70 of the law relating to the principle of significant injury.
31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use ofwhich has been the commission of the offence.  Please describe the provisions in the laws of
Costa Rica that provide for such remedies, and describe the circumstances in which those
remedies would be imposed, citing to the relevant provisions of law or regulation.
Article 71 of Law No. 8039 of 12 October 2000 provid es, that, either at the request of a party
or ex officio, the judicial authorities may, in an interlocutory judgment or in a final ruling in criminal
cases, order the seizure of counterfeit or illegal goods.  However, the destruction of the goods may
only be ordered in a final ruling.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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32. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Costa Rica that provide for such procedures and remedies, citingto the relevant provisions of law or regulation.
As already indicated, in Costa Rica the Law on Procedures for the Enforcement of Intellectual
Property Rights, Law No. 8039 of 12 October 2000, establ ishes in Article 44 et seq. a list of offences
for the purpose of protecting legal interests deriving from all the areas of intellectual property
recognized in the TRIPS Agreement and protected by national legislation, i.e. trademarks and
distinctive signs, undisclosed information, copyright and related rights, patents, industrial designs,utility models and lay-out designs for integrated circuits.  All these offences are punishable by
imprisonment.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit lay-out design, and trade secret
enforcement for 2000, including the number of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and the
amount of damages awarded.
In view of the fact that Law No. 8039 on Procedures for the Enforcement of Intellectual
Property Rights has only recently come into force – October 2000 – the judicial authorities do not at
present have any official statistics on the applications filed in civil proceedings and, specifically, on
intellectual property cases filed under the accelerated procedure.
However, experience has shown that in Costa Rica the holders of intellectual property rights
prefer to pursue the path of criminal proceedings and, within such proceedings, bring civil actions for
compensation or seek some kind of settlement between the interested parties through conciliation.
34. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fineswere paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
Prior to the entry into force of the Law on Procedures for the Enforcement of Intellectual
Property Rights, Law No. 8039 of 12 October 2000, criminal proceedings generally arose as a result
of complaints regarding the infringement of copyright and related rights (software piracy by end users
and distributors); copying, reproduction, sale, distribution and stocking of phonograms, films and
musical compositions.  In these cases there was intervention by the courts (warrants for raids, searches
and the seizure of counterfeit goods), all with positive results.  Since the Law on Procedures for theEnforcement of Intellectual Property Rights came into force, in San Jose alone there have been
63 complaints regarding offences concerning copyright, trademarks and other areas of intellectual
property.  These complaints have been pursued in accordance with the appropriate procedures. 
3
As mentioned above, despite the fact that the aforesaid Law No. 8039 has only recently come
into force – October 2000 – there have been successful  cases of its application, not only with regard to
                                                     
3 Information provided by the Office of the Prosecution Service for Miscellaneous Offences.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 41
copyright and related rights – as in recent years – but also in other areas of intellectual property.
There have been successful cases of the application of precautionary measures against the
counterfeiting of trademarks, especially by means of preventive seizures carried out in recent months.
Another example of the effective implementation of this Law has been the use by the holders
of intellectual property rights of the administrative remedy of precautionary measures.  The
Directorate of the Industrial Property Registry has successfully carried out about eight seizures.
 V. REPLIES TO THE QUESTIONS POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Related Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Costa Rica does not provide for any exception to the principles of national treatment and
most-favoured-nation treatment under the Law on C opyright and Related Rights, Law No. 6683 of 14
October 1982 and its amendments.
In this connection, Costa Rica has not notifie d the World Intellectual Property Organization
(WIPO) of any restriction of protection under Article 6 of the Berne Convention for the Protection ofLiterary and Artistic Works or of any reservation under Article 16 of the Rome Convention for the
Protection of Performers, Producers of Pho nograms and Broadcasting Organizations.
 VI. REPLIES TO THE QUESTIONS POSED BY SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
The Law on Trademarks and Other Distinct ive Signs, Law No. 7978 of 6 January 2000,
defines geographical indications as the geographical name of a country, region or locality used in the
presentation of a good to indicate its place of origin, provenance, manufacture, harvesting or mining.
This Law does not permit a geographical indication to be used in trade for any purpose
connected with the designation or presentation of a product or service if such indication is false or
indicates or suggests to the public a false or deceptive notion of its origin or if its use might mislead
the public as to the origin, provenance, characteristics or qualities of the product or services.
Geographical indications may not be used in such a way that they constitute an act of unfair
competition.
In addition, the Law prohibits the use in advertising and in trade documentation relating to the
sale, presentation or offer of products or services of an indication liable to create confusion or error as
to the geographical origin of the products because they did not originate in the place designated by the
geographical indication or, even if the origin of the product or service is indicated, where confusion is
nevertheless created in the minds of the public.  Law No. 7978 also prohibits the use of expressions
such as "kind", "type", "style", "imitation" or the like in the registration of trademarks.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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In connection with the procedure and conditions for registering appellations of origin, it
should be noted that Article 75 et seq. of Law No. 7978 contain the most important special provisions,
including:  prohibition, application, procedure, duration, and modification and cancellation of the
registration.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exist and how they
comply with Article 27 of the TRIPS Agreement.
Article 1 of the Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of
25 April 1983, as amended by Law No. 7979 of 6 January 2000, defines what is meant by patentable
inventions.  Inter alia , they may be products or processes, among which pharmaceutical products are
regarded as inventions.
Likewise, Article 1 of the aforementioned Law No. 6867 indicates what is not regarded as an
invention, together with a series of exceptions to patentability.
For the purposes of the Patent Law, the following are not regarded as inventions:
• Discoveries, scientific theories, mathematical methods and computer programs
considered in isolation.
• Purely aesthetic creations, literary and artistic works.
• Plans, principles and methods pertaining to  economics, advertising or business, those
relating to purely mental and intellectual activities, and games.
• The juxtaposition of known inventions or the mixing of known products, or the
alteration of the form, dimensions or materials thereof, except where they are so
combined or merged that they cannot function separately, or where their characteristic
properties or functions are altered to produce an industrial result that is not obvious to
a person with technical skill in the field concerned.
The exceptions mentioned in Law No. 6867 and its amendments are as follows:
• Inventions, the prevention of the commercial exploitation of which is objectively
necessary to protect ordre public , morality or human, animal or plant life or health or
to avoid serious prejudice to the environment.
• Diagnostic, therapeutic and surgical methods for the treatment of humans or animals.
• Plants and animals.
• Essentially biological processes for the production of plants or animals.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 43
In compliance with the obligation deriving from Article 27.1 of the TRIPS Agreement,
Article 2.7 of Law No. 6867 of 25 April 1983 and it s amendments establish that all products or
processes that meet the patentability requirements of the Law shall be patentable inventions, without
discrimination as to the place of invention, the field of technology or whether the products are
imported or locally produced.
Likewise, Article 18 of the aforementioned La w contains provisions concerning lack or
insufficiency of industrial exploitation, which are consistent with Article 31 of the TRIPS Agreement.
This Article specifies that the granting of a patent brings with it the obligation to exploit the patent in
Costa Rica, continuously and steadily, so that the market is suitably and reasonably supplied within a
period of three years from the granting of the patent or four years from the patent application,whichever is the longer.  Moreover, exploitation may not be suspended for more than one year.  For
these purposes, local production and lawful importation are regarded as forms of exploitation.
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevantprovisions of law.
The Law on Patents, Industrial Designs and Utility Models, Law No. 6867 of 25 April 1983
and its amendments, provides for the granting of compulsory licences subject to the conditions of
Article 31 of the TRIPS Agreement.
The provisions implementing the obligations deriving from the aforesaid Article 31 are
paragraphs 1, 5, 6, 7, 9 and 10 of Article 18 and paragraphs (a) and (b) of Article 19 of Law No. 6867.
See also Articles 25 and 30 of the Law on Procedures for the Enforcement of Intellectual Property
Rights, Law No. 8039 of 12 October 2000.
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
Costa Rican legislation incorporates the principle of burden of proof for process patents in
accordance with the obligation deriving from Article 34 of the TRIPS Agreement.  The specific
provision implementing that obligation can be found in Article 39 of the Law on Procedures for theEnforcement of Intellectual Property Rights, Law 8039 of 12 October 2000.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for marketauthorization of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does your
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
Before the entry into force of the Law on Undisclosed Information, Law No. 7975 of
4 January 2000, Costa Rica did not have any legislation of this kind.
Among other things, Law No. 7975 provides that where undisclosed test or other data must be
submitted as a condition of approval of the marketing of pharmaceutical or agricultural chemicalIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 44
products, such data shall be protected against any unfair commercial use and any disclosure, except
where the use of such data is necessary to protect the public or steps are taken to ensure protection
against any unfair commercial use.
The competent bodies are currently working on the regulations necessary to implement this
legislation.  Among other things, the regulations will deal in more detail with the scope of what may
be regarded as practices that unreasonably restrain trade.
Despite the fact that the regulations are still being drafted, it should be pointed out that
Article 8 of Law No. 7975 not only in cludes the provisions of Article 39 of the TRIPS Agreement but
also those of Article 8 of that Agreement which – like Article 8 of the Costa Rican Law – states thatMembers may apply appropriate measures, provided that they are consistent with the provisions of the
TRIPS Agreement, to prevent the abuse of intellectual property rights by right holders or the resort to
practices that unreasonably restrain trade.
Follow-up questions:
A.  Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorization of a pharmaceutical or of
an agricultural chemical product, please explain in detail if your law prohibits a second
applicant from relying on, or from referring to, the original data of the first applicant, when
applying subsequently for market authorization for his own product.  Does the responsible State
Agency require the same amount of data from the second applicant as from the first applicant?
What will the new draft regulation provide in  this regard?  Will the draft amendment set a
specific term of protection for undisclosed te st or other data of the first applicant?
Previously, Costa Rica had no specific legislation concerning undisclosed information, so it
adopted Law No. 7975 on 4 January 2000.  The Law does not set a particular term of protection for
this type of trade or industrial secret.  Protection remains in force as long as the undisclosed
information continues to fulfill the requirements established in Article 2 of the Law.
Article 2.1 of Law No. 7975 of 4 January 2000 provides protection for undisclosed
information,  which is understood to mean any information relating to trade and industrial secrets kepton a confidential basis by natural or legal persons, to prevent information lawfully within their control
from being disclosed to, acquired by or used by others without their consent in a manner contrary to
honest commercial practices so long as such information:
• Is secret in the sense that it is not, as a body or in the precise configuration and
assembly of its components, generally known among or readily accessible to persons
within the circles that normally deal with the kind of information in question;
• is lawfully in control of a person who has taken reasonable and proportionate steps to
keep it secret;
• has commercial value because it is secret.
One of the innovations introduced into Costa Rican legislation by Law No. 7975 is the
regulation of cases where undisclosed test or other data must be submitted to official bodies as a
condition for the approval of the marketing of pharmaceutical or agricultural chemical products;  such
data is protected against any unfair commercial use and any disclosure under Article 8 of the
aforementioned Law No. 7975.IP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 45
In fact, while the competent bodies are not currently preparing an amendment to the Law,
they are working on the regulations necessary to impl ement this legislation.  Among other things, the
regulations will deal in more detail with the scope of Article 8 of the aforesaid Law.
In addition, attention should be drawn to Article 9 of Law No. 7975, which refers to the
protection of undisclosed information in administrative or judicial proceedings.  It 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 prevent its
disclosure to third parties not involved in the dispute.
More specifically, human medicines are registered with the Ministry of Health, while
veterinary medicines and agricultural chemicals are registered with the Ministry of Agriculture and
Livestock.
If it is decided to import or market patents on medicines or agricultural chemical products,
they must first be registered at the respective ministry.  For that to take place, a series of requirements
need to be met, including the provision of formulas (qualitative and quantitative), although officials
are forbidden to reveal such formulas for the term  of protection of the patent, i.e. 20 years.  This
prohibition derives from the provisions of the Law on Undisclosed Information, Law No. 7975 of
4 January 2000.
In the case of both the importation and the marketing of products, the information supplied by
the first registrant is not public.  In the event of a second registrant wishing to market or import the
product, he will have to request the Ministry to check that the respective formulas are identical.
However, in no circumstances will private individuals have access to the information.
B.  Please explain in more detail what yo ur legislation considers as "practices that
unreasonably restrain trade" (as mentioned in your answer).
As was explained in the previous reply, the competent bodies are not currently preparing an
amendment to the Law on Undisclosed Information, but are working on the regulations necessary to
implement that legislation.  Among other things, these regulations will deal in more detail with thescope of Article 8 of the Law.
One of the aspects that will have to be considered in developing these regulations will be the
scope of what should be understood as practices that unreasonably restrain trade.  This means
referring, at least, to the provisions of Law No. 7472 of 20 December 1995 (Law on the Promotion ofCompetition and Effective Protection of Consumers).  Article 1 of this Law stipulates that the purpose
of the Law is to protect, in an effective manner, the legitimate rights and interests of consumers, to
protect and promote the process of competition and free market participation through the prevention
and prohibition of monopolies, monopolistic practices and other restraints on the effective operation
of the market, and to eliminate unnecessary regulation of economic activity.
D. 
ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
The Law on Procedures for the Enforcement of Intellectual Property Rights introduces
important provisions for protecting the holders of intellectual property rights through theIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
Page 46
establishment of precautionary measures, border measures, administrative proceedings and civil and
criminal proceedings.
The most relevant aspects of these provisions are as follows:
• Protection of intellectual property right holders by means of rules required in
connection with precautionary measures (including those applied by customs).
• Applicability of precautionary measures by the administrative or judicial authority,
provided that the applicant can show that he is in fact the holder or his representative.
The competent authority will require security from the applicant sufficient to protect
the alleged infringer and prevent abuse.
• Requirement to grant a hearing on the application of precautionary measures, unless
this might render them ineffective;  however, where a precautionary measure has beenexecuted without a hearing, the authority shall notify the party concerned within three
working days of its execution, at the latest.
• The applicant must file an administrative  complaint or initiate legal proceedings
within one month of notification of the decision adopting the precautionary measure.
• The right holder may request the administrative or judicial authority to order the
customs authorities to suspend importation or exportation at the time of clearance;
however, he must show that he is in fact  the holder or his representative, provide
security and supply the necessary information and a description of the goods so that
the customs authorities can easily identify them.
• The customs authorities must act ex officio and suspend clearance of the goods if
there is a presumption that they infringe an intellectual property right.  The authorities
must report the commission of the offence to the Public Prosecutor's Office within
24 hours of retaining the goods.
• The judicial authorities may order the customs authorities to destroy or dispose of the
infringing goods.
• Protection of injured parties in the event of unjustified retention of the goods.
• Establishment of an Administrative Registration Tribunal, which will exhaust the
administrative remedies and hear appeals against decisions taken by the Industrial
Property Registry and the National Registry of Copyright and Related Rights.
• Provision for the holding of summary civil intellectual property proceedings.
• Prison sentences for offences against intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminalenforcement.
Although the new Law on Procedures for the Enforcement of Intellectual Property Rights has
only been in force for a short time, Costa Rica has made significant progress and there have alreadyIP/Q/CRI/1, IP/Q2/CRI/1,
IP/Q3/CRI/1, IP/Q4/CRI/1
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been several positive cases of application of the legislation, such as, for example, seizure operations
carried out against several enterprises engaged in counterfeiting trademarks.
Nevertheless, the Government of Costa Rica is aware that the promulgation of the Law on
Enforcement No. 8039 is only the beginning of a legislative and educational process of securing
effective protection for intellectual property rights.  Accordingly, the Government has taken the
initiative of submitting to the Legislative Assembly a draft law amending Law No. 8039 which will
lengthen sentences for offences against intellectual property rights, reform the proceedings against
copyright to make them public and repeal Article 70 of the Law relating to the principle of significant
injury.
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