COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
ties specialised in intellectual property are the Trademark Office and the Administrative Board of Appeal. The Costa Rican legal system does not include a jury. The Trademark Office is composed of examining attorneys and formal observations or office actions and refusals are issued by indi - vidual examiners. The Administrative Board of Appeal is composed of a court of five judges and one processing judge. The parties have no influence over who makes the decisions. 8.2 Effect of Registration Registrations are presumptively valid and pro - vide exclusivity over all products or services covered by the registration certificate. Therefore, the registered owner is considered as the actual owner of the trade mark. Furthermore, Article 25 of the Trademark and Other Distinctive Signs Law states that the owner of the trade mark will have the exclusive right to prevent third parties from using similar or identical signs in commerce without its prior consent when there is a likelihood of confusion. If the sign used by the third party is identical or is for identical goods or services, there will be a presumption of confusion. There is no established extent when it comes to amount. The qualification relies on whether the goods or services are identical, related, or similar to the point of confusion. 8.3 Costs of Litigating Infringement Actions The typical costs are approximately 10% of the estimation of the claim, with minimum fees rang - ing from USD10,000 to USD15,000 plus taxes, government fees and expenses. However, this will depend on the resistance from the defend -
ant, costs for obtaining evidence, counterclaims, etc.
9. Defences and Exceptions to Infringement 9.1 Defences to Trade Mark Infringement There are two types of defences: formal and material. The formal defences refer to procedural aspects and include among others, expiration of rights due to claims filed beyond the statute of limitations, inadequate representation, lack of legal capacity, lack of actual interest in the case, lack of jurisdiction, existence of settlement agreements, or any defence based on general civil, administrative or criminal law principles. The material defences refer to substantive mat - ters 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 origin, time of pro - duction 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 necessary and in line with good faith practices in industrial or commercial matters. There is no definitive list or statute as 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 lim -
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