COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
Zurcher, Odio & Raven Plaza Roble Edificio Los Balcones Costa Rica Tel: +506 2201 3800 Fax: +506 2201 7150 Email: info@zurcher-ip.com Web: www.zurcherodioraven.com
1. Trade Mark and Copyright Law 1.1 Governing Law In Costa Rica, trade marks are mainly governed by Law No 7978 (the “Trademark and Other Distinctive Signs Law”), while copyrights are mainly governed by Law No 6683 (the “Copyright and Related Rights Law”). Furthermore, Law No 8039 (the “Law on Pro - cedures for Enforcement of Intellectual Property Rights”) applies to trade mark and copyright infringe - ment cases, while Law No 7472 (the “Competition and Consumer Defence Law”) relates to unfair competition cases involving trade marks. Court Decisions Trade mark rights are not governed by case law. Costa Rican courts are permitted to interpret legal provisions regarding trade marks when deciding cases. The only binding court decisions are those issued by the Con - stitutional Chamber of the Supreme Court. Common law trade marks and/or copyrights do not apply in Costa Rica. 1.2 Conventions and Treaties/Rights of Foreign IP Holders In Costa Rica, treaties and conventions rank above regular law. Costa Rica is a member of the following treaties that include trade mark provisions: • the Paris Convention; • the Nice Agreement; • the Trademark Law Treaty (TLT); • the TRIPS Agreement; • the WIPO Performances and Phonograms Treaty; • the WIPO Copyright Treaty (WCT);
• the Brussels Convention Relating to the Distribu - tion of Programme-Carrying Signals Transmitted by Satellite; • the Berne Convention for the Protection of Literary and Artistic Works; and • the Rome Convention for the Protection of Per - formers, Producers of Phonograms and Broadcast - ing Organisations. The Paris Convention, the Nice Agreement, the TLT, the TRIPS Agreement and the Berne Convention also contain provisions on copyrights. 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks The types of distinctive signs under the Costa Rican legal system are:
• trade marks; • trade names; • slogans; • special designs; and • three-dimensional trade marks. Additionally, there are: • certification trade marks; • collective trade marks; • denomination of origin; and • geographical indication.
Although use is important in Costa Rica, distinctive signs must be properly registered to be fully protect -
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