COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
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 Dis - tinctive Signs Law”) while copyrights are mainly governed by Law No 6683 (the “Copyright and related Rights Law”). Furthermore, Law No 8039 (the “Law on Procedures for Enforcement of Intellectual Property Rights”) applies to trade mark and copyright infringement cases, while Law No 7472 (the “Competition and Consumer Defence Law”) relates to unfair competition cas - es that involve trade marks. Court Decisions Trade mark rights are not governed by case law. Costa Rican courts are allowed to interpret the legal provisions regarding trade marks when deciding the cases before them. The only bind - ing court decisions are those that come from the Constitutional 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 Distribution 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 Performers, Producers of Phonograms and Broadcasting Organisations. The Paris Convention, the Nice Agreement, the TLT, the TRIPS Agreement and the Berne Con - vention 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, distinc - tive signs must be properly registered to be fully protected. Common law trade mark rights do not apply in Costa Rica. Costa Rica does not have specific trade marks that are protected by statute in a different way to ordinary trade marks. The only special protec - tion according to Costa Rican law is regarding famous or notorious trade marks.
97
CHAMBERS.COM
Powered by FlippingBook