COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
12. Additional Considerations 12.1 Emerging Issues
Administrative Board of Appeal. The Administrative Board of Appeal is an independent administrative court whose interpretation may differ from the Trade - mark Office’s (even under the same arguments). In both cases, a hearing will be held, and the applicant can present arguments to try to overcome the refusal of the application. The appeal notice (a simple notice without arguments) must be filed within three days. The Administrative Board of Appeal will, within the next three to four months, deliver a note of acceptance, allowing the formal appeal (with all arguments and evidence) to be presented within 15 business days. As a rule, dead - lines cannot be extended. However, the applicant may request an extension of time to obtain or present additional documents or evidence, at the discretion of the Administrative Board of Appeal, based on its interpretation of how necessary it is to grant it. 11.2 Timeframes for Appealing Trial Court Decisions In civil proceedings, a first-instance court decision can be appealed to an appellate court. The compe - tent appeals court and the timeframe for submitting the appeal will depend on the total amount claimed in the lawsuit. For low-claim proceedings, the appeal must be filed with the Civil Appeals Court within five days of the notice of the first-instance court decision. For lawsuits that exceed the low-claim thresholds, the appeal has to be filed within 15 days before the First Chamber of the Supreme Court.
Recent emerging issues in Costa Rica now include: • electronic filing and a complete registration proce - dure; and • electronic certificates being available. There have not been notable cases in Costa Rica recently. Courts may cite foreign cases or jurispru - dence, especially if the jurisdiction cited has a similar legal system or is a signatory to the same treaty as Costa Rica. 12.2 Trade Mark and Copyright Use on the Internet Costa Rican law does not establish special rules gov - erning trade marks on the internet or service provider liability. General liability and compensation principles apply, as online infringement carries the same liability as infringement in traditional commerce. If the service provider is not acting diligently and is favouring the infringement, they could be liable for damages under civil liability principles (eg, for failing to respond to or co-operate with duly justified requests).
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