COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
In the case of a trade mark infringement, the owner of the trade mark may apply for destruc - tion or recall of infringing goods. However, this claim must fulfil the proportionality principle and this remedy will not apply if the destruction or impoundment is disproportionate in individual cases. 10.2 Monetary Remedies The general indemnification rules for damages under civil law apply. This means the owner of the infringed trade mark registration can seek compensation for all actual and direct damages that result from the infraction including lost prof - its. Furthermore, to determine the amount of dam- ages the judge can factor in the value of the infringed goods or services as per their market value or their suggested retail price and the prof - its received by the infringer from the unlawful conduct. 10.3 Attorneys’ Fees and Costs Each party is responsible for its own costs. How - ever, the losing party is required to reimburse the prevailing party for all litigation fee costs includ - ing the court fees, expenses and attorney fees of both parties in the statutory amount of the Costa Rican Bar Association. However, this does not include higher costs due to a fee arrangement. Fees may be appealed if further recourse options have not been exhausted. However, if the resolu - tion is final (ie, there is no further recourse), fees cannot be appealed. 10.4 Ex Parte Relief In Costa Rica, the constitutional due process principle requires the notification of the defend - ant who has the opportunity to participate in any proceeding that may affect its rights or cause
harm. This also grants the right to be heard before a preliminary injunction. Under exceptional circumstances of irreparable harm or urgency the court can order a provision - al or temporary remedy without prior notice to the other party. However, the affected party must be notified of the court resolution and can pre - sent its opposition within a three-day term. This scenario is unlikely in trade mark proceedings but is available under Costa Rican civil process. 10.5 Customs Seizures of Counterfeits or Parallel Imports In Costa Rica, parallel imports are permitted and there is no remedy against them from a trade mark perspective provided that the owner has recorded their contact and trade mark infor - mation in the customs database. If customs do detect an import of counterfeit products, a notice will be sent to the owner to inform them of the shipment. If deemed counterfeit, the trade mark owner is entitled to request the shipment not to be released and may initiate criminal pro - ceedings. It is possible to file the pertinent appeals against any decision that refuses a trade mark registra - tion. These appeals are resolved, in the first instance by the Trademark Office and in the second instance by the Administrative Board of Appeal of the Registry. The Costa Rican Trademark and Other Distinc - tive Signs Law grants the possibility to file an appeal against the Trademark Office’s resolution before the Administrative Board of Appeal. The Administrative Board of Appeal is an independ - 11. Appeal 11.1 Appellate Procedure
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