Brands, represented by trade or service marks, are crucial assets for the success of most companies. Proper management of intellectual property assets requires periodic evaluation, in order to ensure adequate, timely and cost-effective control.
Brief Overview of Intellectual Property in Costa Rica
Costa Rica follows standard international practice in terms of the cost, the complexity, and the steps entailed in securing protection of your intellectual property rights. In fact, we adhere to the main international norms to protect and enforce the intellectual property rights held around the world, including:
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.
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.
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. Business & Economy Directory
Asesores Legales en Propiedad Industrial, S.A. is glad to announce that we have managed to have the first trademark applications processed by the Costa Rican Trademarks Office under the Trademark Law Treaty.
