COSTA RICA Trends and Developments Contributed by: Melissa Mora Martin, IDEAS IP
The reform agenda: institutional and operational priorities Re - centralisation of specialist prosecution / IP Prosecutor ’ s Office The re-establishment of a specialist prosecutorial unit – housed in the First Judicial Circuit of San José, with national competency for complex IP cases – is the institutional reform with the most immediate impact on enforcement quality. A unit of two to four specialist prosecutors, supported by a system of regional liaison prosecutors trained in IP fundamentals, would restore the institutional knowledge, consistent prosecution criteria and inter-agency relationships that the 2019 decentralisation dissolved. Centralised rights - holder database at customs A centralised, real-time accessible database of IP rights-holders and their designated local representa- tives – administered by the Registro de Propiedad Industrial or the Dirección General de Aduanas – would resolve one of the most persistent practical failures of border enforcement: the inability of customs officers to identify and contact the appropriate rep- resentative when a suspicious shipment is detected. The database should include trade mark registration details, representative contact information and prod- uct authentication resources for the most frequently counterfeited goods categories. Dedicated customs IP unit and mandatory notifications The creation of a dedicated Intellectual Property Unit within the Dirección General de Aduanas – staffed by officers with specific training in trade mark law and authentication methodology – is the structural foun- dation for effective border enforcement. Within that framework, mandatory notification procedures requir- ing officers to alert rights-holders or their representa- tives within a defined timeframe upon detention of suspected infringing goods would restore the border enforcement function that has effectively collapsed. The procedural obstacles that, since October 2024, have impeded training co-operation between practi- tioners and customs officials must be resolved as an immediate institutional priority.
Defined competencies : the OIJ and the PCF Legislative and administrative reform should: • expressly define the material competencies of the OIJ and the PCF in IP enforcement operations; • establish clear protocols for case referral and infor- mation sharing; and • introduce accountability mechanisms for both institutions. Resolving the opacity that currently characterises the PCF’s engagement with IP cases is essential for effec- tive multi-agency operational integration. Continuous specialist training Sustainable enforcement improvement requires a structural commitment to continuous specialist train- ing across all professional communities involved: prosecutors, judges, customs officials, police investi- gators and – following the General Police Law reform – municipal officers. Training should be developed through inter-institutional co-ordination among the Public Ministry’s training division, the National Com- mission for the Improvement of Justice Administra- tion ( Comisión Nacional para el Mejoramiento de la Administración de Justicia – CONAMAJ) of the Judi- cial Branch ( Poder Judicial ), the rights-holder com- munity, and international bodies including the World Intellectual Property Organization (WIPO) Academy, INTERPOL’s IP Crime Unit and the World Customs Organization. Permanent inter - institutional co - ordination A standing inter-agency working group – includ- ing representatives of the Public Ministry, OIJ, PCF, Dirección General de Aduanas , Registro de Propie- dad Industrial and the rights-holder community in an advisory capacity – would provide the co-ordination architecture that the current ad hoc approach cannot supply. This should be supported by a shared opera- tional intelligence platform enabling real-time informa- tion exchange and a case tracking system providing accountability across institutions. Conclusion Costa Rica stands at a decision point. The foun- dational legal architecture for effective trade mark enforcement is in place. What has been systemati-
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