COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
USD10,000 to USD15,000, plus taxes, government fees, and expenses. However, this will depend on the defendant’s resistance, the costs of obtaining evi - dence, counterclaims, etc. 9. Defences and Exceptions to Infringement 9.1 Defences to Trade Mark Infringement There are two types of defences: formal and mate - rial. The formal defences refer to procedural aspects and include, among others, expiration of rights due to claims filed beyond the statute of limitations, inad - equate representation, lack of legal capacity, lack of actual interest in the case, lack of jurisdiction, exist - ence of settlement agreements, or any defence based on general civil, administrative or criminal law princi - ples. The material defences refer to substantive matters regarding the use of the trade mark. In this regard, a defendant may invoke an earlier right to use a specific trade mark. Defendants may also refer to the use of their own name or address, or the use of the trade mark as an indication concerning the kind, quality, quantity, intended purpose, value, geographical ori - gin, time of production or time of rendering a service, or other characteristics of the goods or services, as far as the use of the trade mark by a third party is neces - sary and in line with good faith practices in industrial or commercial matters. There is no definitive list or statute; the defence will depend on the evidence and the arguments to prove that the counterfeit mark or work is original. 9.2 Defences to Copyright Infringement (Fair Use/Fair Dealing) The only exceptions are if there is no economic benefit or profit (eg, personal or educational use). However, exceptions are extremely limited and are not laid down in law. A judge would usually decide on or grant these exceptions. It is important to note that copyright cas - es are uncommon in Costa Rica. If the law does not include a provision for it, these circumstances would be determined by jurisprudence or on a case-by-case basis.
Satire or parody as an exception to copyright infringe - ment has limits. These limitations are damage to the work or the author, as well as the risk of confusion. In Costa Rica, it is expressly prohibited, as the authorisa - tion of the right holder is required. 9.3 Exhaustion A trade mark is considered in use when it has been placed on the market, in the quantity and form that normally corresponds, considering the size of the market, the nature of the products and the modalities under which they are marketed or when the products or services have been exported or provided abroad from Costa Rica (if applicable). According to Costa Rican legislation, the registration of a trade mark grants its owner the right to prohibit a third party from using the trade mark on legitimate - ly marked goods introduced into commerce, in the country or abroad, by the owner or another person having the owner’s consent, provided that the goods and the containers or packaging have not undergone any modification, alteration or deterioration and that they do not cause prejudice to the owner. The first sale initiates the owner’s rights, but it does not exhaust them. Copyrights are protected from their conception. However, in legal practice, it is important to prove the authorship of the work. It is important to note that copyright cases are uncommon in Costa Rica. If the law does not contemplate it, these circumstances would be determined by jurisprudence or on a case- by-case basis. The general rule is that there is no issue if there is no economic benefit or profit (eg, personal or educational use).
10. Remedies 10.1 Injunctive Remedies
All injunctions available under civil or criminal pro - ceedings are available for trade marks. In civil pro - ceedings, the trade mark owner, as plaintiff, may seek injunctive relief when there is a reasonable probability that their rights will be affected by the infringement.
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