WORLD TRADE
ORGANIZATIONIP/N/1/CRI/1/Add.1
28 September 2001
(01-4635)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
COSTA RICA
Addendum
By means of a communication from its Permanent Mission, dated 17 September 2001,
Costa Rica has transmitted the following notification to the Secretariat.
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In accordance with the provisions of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS), the Go vernment of Costa Rica has the honour to notify the following:
- Annex I - Communication relating to Articles 3, 4 and 5 in conjunction with
Article 63.2 of the TRIPS Agreement, and the Decision of the Council for TRIPS of
21 November 1995 (IP/C/2).
- Annex II - Communication concerning Article 69 of the TRIPS Agreement and the
Decision of the Council for TRIPS of 21 September 1995 (IP/C/M/3).1
- Annex III - Communication concerning Arti cle 63.2 of the TRIPS Agreement and the
Decision of the Council for TRIPS of 21 November 1995 (IP/C/2 and 4).
- Annex IV - Communication concerning Article 70, paragraphs 8 and 9, in
conjunction with Article 63.2 of the TRIPS Agreement, and the Decision of the
Council for TRIPS of 21 November 1995 (IP/C/2).
                                                     
1 See also document IP/N/3/Rev.5/Add.1.IP/N/1/CRI/1/Add.1
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ANNEX I
COMMUNICATION CONCERNING TRIPS ARTICLES 3, 4 AND 5 IN
CONJUNCTION WITH ARTICLE 63.2, AND THE DECISION OF
THE COUNCIL FOR TRIPS OF 21 NOVEMBER 1995 (IP/C/2)
Pursuant to TRIPS Articles 3, 4 and 5, Costa Rica hereby notifies that the relevant national
legislation on intellectual property contains no provision contrary to the principles of national
treatment or most-favoured-nation treatment.
Costa Rica accords to the nationals of all other WTO Members as defined in Article 3.1 of the
TRIPS Agreement, treatment no less favourable than that which it accords to its own nationals with
regard to the protection of intellectual property.
Similarly, Costa Rica accords immediately and unconditionally, to the nationals of all other
WTO Members, as defined in Article 1.3 of the TRIPS Agreement, any advantage, favour, privilegeor immunity that it grants to the nationals of any other country with regard to the protection of
intellectual property.
It is Costa Rica's understanding that, in accordance with the provisions of the TRIPS
Agreement and for the purposes of Articles 3 and 4, the term "protection" covers aspects relating tothe existence, acquisition, scope, maintenance and observance of intellectual property rights, as well
as aspects relating to the exercise of intellectual property rights specifically dealt with in the
Agreement.
It should also be mentioned that Costa Rica has not notified to the World Intellectual Property
Organization (WIPO) any restriction on the protection of right holders under the Paris Convention for
the Protection of Industrial Property and the Berne Convention for the Protection of Literary and
Artistic Works, nor any reservation under the Ro me Convention for the Protection of Performers,
Producers of Phonograms and Br oadcasting Organizations.
Finally, Costa Rica notifies that, in accordance with TRIPS Article 63.2, the relevant national
legislation on intellectual property was duly notified in accordance with the procedural requirementsunder the Agreement.
In this connection, please refer to do cument IP/N/1/CRI/1 of 20 December 2000.IP/N/1/CRI/1/Add.1
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ANNEX II
COMMUNICATION CONCERNING TRIPS ARTICLE 69 AND THE DECISION
OF THE COUNCIL FOR TRIPS OF 21 SEPTEMBER 1995 (IP/C/M/3)
Pursuant to TRIPS Article 69, Costa Rica hereby notifies the national contact points
concerned with intellectual property:
- Ministry of Foreign Trade
Directorate General of Foreign Trade
Avenida 1 y 3, calle 40, Paseo Colón, San José, Costa RicaTel: (506) 256-7111
Fax: (506) 255-3281
E-mail: info@comex.go.cr
- Industrial Property Register
Edificio del Registro Nacional, Zapote, San José, Costa Rica
Tel/fax: (506) 234-1537
 - National Registry of Copyright and Related Rights
Edificio del Registro Nacional, Zapote, San José, Costa RicaTel/fax: (506) 280-7794
- General Customs Directorate
Opposite the Ministry of Public  Education, San José, Costa Rica
Tel: (506) 233-9525Fax: (506) 223-7334
Costa Rica would point out that the relevant national legislation on intellectual property was
duly notified in accordance with the procedural requirements of TRIPS Article 63.2.  This legislation
can also be obtained at the e-mail address www.comex.go.cr, by clicking on approved intellectual
property legislation under "Acuerdos de la OMC" (WTO Agreements).IP/N/1/CRI/1/Add.1
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ANNEX III
COMMUNICATION CONCERNING TRIPS ARTICLE 63.2 AND THE DECISION
OF THE COUNCIL FOR TRIPS OF 21 NOVEMBER 1995 (IP/C/2 AND 4)
Pursuant to TRIPS Article 63.2, Costa Rica hereby notifies that the relevant national
legislation on intellectual property was duly notified in accordance with the procedural requirements
of the Agreement.
In this connection, please refer to do cument IP/N/1/CRI/1 of 20 December 2000.IP/N/1/CRI/1/Add.1
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ANNEX IV
COMMUNICATION CONCERNING TRIPS ARTICLE 70, PARAGRAPHS 8 AND 9,
IN CONJUNCTION WITH ARTICLE 63.2, AND THE DECISION OF
THE COUNCIL FOR TRIPS OF 21 NOVEMBER 1995 (IP/C/2)
The provisions of TRIPS Article 70, paragraphs 8 and 9, refer to those Members which, at the
date of entry into force of the Agreement, do not make patent protection available for pharmaceutical
and agricultural chemical products, in conformity with their obligations under Article 27 of the same
Agreement.
In Costa Rica, prior to the reforms introduced  at the end of 1999 to comply with TRIPS-
related obligations, patent protection was in fact accorded to pharmaceutical and agrochemical
products, although such protection was limited to a period of one year.
For that reason, by means of a transitional provision contained in Law No. 7979 of
6 January 2000 amending the Law on Patents for Invention, Industrial Designs and Utility Models, it
was stipulated that, where the term of protection for a patent for invention is less than 20 years -
according to the amendment of Article 17 of the above-mentioned Law on Patents - and the protected
subject-matter has not passed into the public domain, the right holder must request an extension of the
term and, for that purpose, submit an application in writing to the Industrial Property Register beforethe patent expires in Costa Rica.  The reforms introduced by Law No. 7979 shall be applicable in all
other respects.
In this connection, nine applications for extension of the term of patent protection have to
date been granted.  None of those nine requests related to patents for pharmaceutical or agrochemicalproducts.
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