RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/269/Add.1
29 June 2001
(01-3257)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Responses by Costa Rica to the Questions Posed by the United States
Addendum
By means of a communication from the Permanent Mission of Costa Rica, dated
13 June 2001, the Secretariat has received the following responses to the questions posed by the
United States circulated in document IP/C/W/268.
_______________
A. GENERAL
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 65.4of 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.IP/C/W/269/Add.1
Page 2
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
addition 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 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 the
provisions 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".
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.  InIP/C/W/269/Add.1
Page 3
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 or
television 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 orprohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe 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 of
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 authorize
or prohibit the direct or indirect reproduction of their phonograms and the commercial rental to thepublic 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 Ot her 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.  They
may also consist in the shape, presentation or packaging of the products, or their containers orwrapping 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 an
obstacle 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-known
trademarks of goods or services.IP/C/W/269/Add.1
Page 4
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 improper
advantage 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 ofLaw 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.
D. 
GEOGRAPHICAL INDICATIONS
10. Please describe in detail how the laws of Costa Rica provide for the recognition and
protection 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 geographical
indications 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 or
error as to the geographical origin of the products because they did not originate in the placedesignated 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 therelevant provisions of law or regulation, and provide examples of geographical indications for
such products.IP/C/W/269/Add.1
Page 5
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, although
literally 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 misleadthe 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 of
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 ifthe 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 toachieve 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 theprotected 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.IP/C/W/269/Add.1
Page 6
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 and
consequently the protection of this kind of intellectual property is not unreasonably impaired.
F. PATENTS
14. Please describe in detail the way in which the patent law of Costa Rice implements
Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes 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 patentableinventions, 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 requirements
laid 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 patentablility.
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 their characteristic properties or functions are so altered as
to produce an industrial result that is not obvious to a person with technical skill in the fieldconcerned.
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.IP/C/W/269/Add.1
Page 7
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 now
intervening in the generation of new varieties through programmes of genetic improvement.
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 the
registration 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 aw ard licences to third parties for exploitation.  In
addition, 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
unauthorised 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,
agrochemical products, etc.
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.IP/C/W/269/Add.1
Page 8
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 Rica
on 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 the
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 amendments
introduced 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 th e 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 Lawimplements 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.IP/C/W/269/Add.1
Page 9
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 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 aforesaidLaw 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.
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 41.1of 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 provisional 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.IP/C/W/269/Add.1
Page 10
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 proceedin gs, where a party has identified any relevant
evidence to substantiate its claims and this lies within the control of the opposing party, the judge
shall be empowered to order him to produce it.  Where necessary, such evidence will be presented oncondition that the protection of undisclosed information is guaranteed".
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 CivilProcedure in connection with the application of provisional 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 Effectiv e 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 provisional measures.
Among the most relevant provisions are the following:
• Applicability of provisional 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 fro m 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 provisional 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 provisional measures, unless this
might render them ineffective; however, where a provisional measure has been executed
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 provisional measure.IP/C/W/269/Add.1
Page 11
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Costa Rica that provide for
border 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 Copyright and Related Rights Registry)
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 necessary information and descriptionof 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 reportthe 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 consignor, the importer or exporter and the
consignee 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 Property Registry,
the National Copyright and Related Rights Registry 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 remove 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.
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.IP/C/W/269/Add.1
Page 12
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 an
intellectual 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 of
the General Public Administration Law – which establishes the liability of the government for theconduct 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, includingimprisonment 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 intellectual
property rights to four years, reform the proceedings for copyright offences to make them public andrepeal 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 of
which 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.
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, citing
to the relevant provisions of law or regulation.IP/C/W/269/Add.1
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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 neighbouring rights, patents, industrialdesigns, 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 atpresent 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 forcompensation 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 usersand 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 the
Enforcement 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 intellectualproperty.  These complaints have been pursued in accordance with the appropriate procedures.
1
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
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 provisional 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
                                                     
1 Information provided by the Office of the Prosecution Service for Miscellaneous Offences.IP/C/W/269/Add.1
Page 14
of intellectual property rights of the administrative remedy of provisional measures.  The Directorate
of the Industrial Property Registry has successfully carried out about eight seizures.
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