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Costa Rica Update Concerning Payment of Patent Annuities

Patent annuities in Costa Rica have been a subject of controversy for IP holders since 1995, when the Constitutional Court annulled provisions of the Regulations to the Patents, Designs and Industrial Models Law establishing their payment.

Government fees are considered to be a matter of taxation and, thus, require congressional approval. However, patent annuities were established via executive decree issued solely by the executive branch of the government.

Trademark coexistence agreements under fire

Note: (October 16, 2009) Although there has been no express change in the official position of either the Trademarks Office or the Appeals Board, registrations based on coexistence agreements have been recently issued. In either case, applicants are advised to be cautious before signing these kind of agreements and entering into obligations based on the same.

Free Trade Agreement with China Facing Obstacles

Recently, negotiations for the Costa Rica - China Free Trade Agreement have begun facing obstacles from industries pushing for the exclusion of certain goods. Costa Rica proposed liberalization of up to 90% of the market under the agreement, during the fourth round of negotiations celebrated in Peking, China.
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