COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
ited and are not laid down in law. A judge would usually decide on or grant these exceptions. It is important to note that copyright cases 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 infringement 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 authorisation of the right hold - er 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 mar - keted or when the products or services have been exported or provided abroad from Costa Rica (if applicable). According to Costa Rican legislation, the regis - tration of a trade mark grants its owner the right to prohibit a third party from using the trade mark on legitimately 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 con - tainers 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 concep - tion. However, on legal practice, it is important to be able 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 proceedings are available for trade marks. In civil proceedings, the trade mark owner as plaintiff may file for injunctive relief when there is a rea - sonable degree of probability that their rights will be affected by the infraction. The judge has discretion to order remedies, such as forcing the infringer to forfeit the infring - ing product. All remedies will comply with the proportionality principle, which means that the judge must analyse the severity of the infringe - ment, the extent of the actual or potential dam - ages that can be caused, the legitimate interests of third parties or the public interest considera - tions. The judge can also request a bond or guarantee that will need to be posted by the plaintiff to guarantee the damages caused to the defend - ant if the final decision of the case does not rule in the plaintiff’s favour or if the plaintiff does not pursue the case all the way through. Bond amounts are usually set by a judge on a case- by-case basis. Proceeding and bond amounts are regulated by civil law and are usually valued or assessed by an expert or appraiser appointed by the judge.
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