COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
authorised symbol is ® or the phrase “Regis - tered Trademark”. 2.6 Related Rights Trade marks can also be protected as copy - rights. According to Costa Rican legislation, one of the limitations to registering a trade mark is if it infringes a third-party copyright. 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works According to the Copyright and related Rights Law, the following are eligible for copyright pro - tection: • all productions in the literary, scientific and artistic fields, whatever the form of expres - sion, such as books, pamphlets, letters and other writings; • computer programs, including their succes - sive versions and derived programs; • lectures, addresses, sermons and other works of a similar nature; • dramatic musical works, choreographic works and pantomimes; • musical compositions, whether or not accom - panied by music, and cinematographic works, to which assimilated works are expressed by a process analogous to cinematography; • drawing, painting, architecture, sculpture, engraving and lithography works, photo - graphic works and works expressed by a process analogous to photography; • works of applied art, such as illustrations, maps, plans, sketches and plastic works relating to geography, topography, architec - ture or science; • collections of works such as encyclopaedias and anthologies which, by virtue of the selec -
tion or arrangement of the subject matter, constitute intellectual creations; • compilations of data or other material, in machine-readable or other form, which, by reason of the selection or arrangement of their contents, constitute creations of an intel - lectual nature; and • derivative works such as adaptations, transla - tions, musical arrangements and other trans - formations of original works which, while not in the public domain, have been authorised by their authors. If the requirements for copyright registration are met, industrial designs may be admissible for copyright protection. 3.2 Essential Elements of Copyright Protection There is no examination in the registration pro - cess, if the originality element is met. Copyright applications are essentially a deposit procedure, with formalities being the only elements exam - ined. Originality is not regulated in the normative bodies, as there are different legal conceptions, which is why it is reserved for jurisprudence. It is a prerequisite for access to protection, in relation to the commitment and creativity contributed to the work. It also requires the individualised expression of the author, as well as the author’s personality. Originality is not linked or subordi - nated to the genre, extent or artistic merit, or purpose of the work, as these are irrelevant to copyright. A work may meet the requirement of originality, even if it expresses a subject matter that was previously known or disclosed. The threshold of originality is exceeded when the creative capac - ity, reflected in the work, goes beyond the com -
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