COSTA RICA Trends and Developments Contributed by: Melissa Mora Martin, IDEAS IP
cally absent is the operational infrastructure – regula- tory, institutional and procedural – that would translate that architecture into consistent, effective practice. The reforms proposed in this article are individually justified and collectively transformative. None requires building new institutions; all require institutional will, co-ordinated effort and the political recognition that IP enforcement is not a peripheral commercial concern but a matter of economic integrity, consumer protec- tion, public health and national security. The legislative priorities – implementing regulations for Law No 8039, clarification of the importation defini- tion, reform of the General Police Law, recognition of large-scale IP crimes as organised criminal conduct and a digital enforcement framework – address the statutory gaps that have paralysed enforcement for over two decades. The institutional priorities – re-cen- tralised specialist prosecution, a centralised rights- holder database, a dedicated customs IP unit, defined institutional competencies, continuous training and permanent inter-agency co-ordination – address the operational failures that have allowed sophisticated counterfeiting networks to exploit an under-equipped system.
With appropriate reforms, Costa Rica has the capacity to become a regional leader in effective trade mark protection. The path is clear; what is needed remains the commitment to follow it.
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