Costa Rica – Latam Guideline
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- Costa Rica – Latam Guideline
Trademarks
Patents
Designs
Customs
Data protection
Trademarks
WIPO-administered Treaties:
Contracting Party of the Madrid System: NO.
Trade Mark Law in force:
Trademark Law 7978 of 2000 and its Regulation.
Classification:
Nice classification, 10th edition
Multiclass Applications:
YES.
Registrable trademarks:
Words, letters, numbers, numerals, figurative elements, monograms, pictures, tags, lines, traces, patterns, combinations and dispositions of colours, sounds, packaging or wrapping of products.
Formal filing requirements:
- Power of Attorney duly notarised : Original POA will be necessary at the time of filing the application
When an application is submitted without the original Power of Attorney at the time of filing we must file the official document (a company´s certification issue by the corresponding Houses of Incorporation), stating the existence of the society in the country of origin. Once you have filed this company’s certification, we will have 2 months to file the original Power of Attorney. - Certified copy of priority application and its translation into Spanish within a 90-days term from filing date. Original copy is required.
Examination:
Absolute grounds for refusal: YES.
Relative grounds for refusal: YES.
Opposition period:
2 months from the first publication date.
Average time from filing to grant:
Approximately 6 months, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
Use requirements:
YES. Cancellation can be requested if the trade mark has not been used for 5 years, counting from the registration date. Partial cancellation is possible.
Renewal terms:
1 year prior to the renewal date.
Grace period: 6 months.
Patents
WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 31 months.
Patent Law in force:
Patent Law 6867/1983.
Types of protection available:
Patent of Invention; Utility Model.
Formal filing requirements:
- Power of Attorney duly notarized within 90 days from filing. No possible extension of term.
- Assignment document from the inventors duly notarized and legalized up to Apostilled within 60 days from office action. Extendable term of 60 days.
- Certified copy of priority application within 90 days from filing (not required for entry into national phase of PCT applications provided that PCT/IB304 form is available).
- Sequence listings must be filed in WIPO Standard ST.26 format.
Filing of the patent application in a foreign language:
Available. Belated submission of the Spanish translation is possible within 60 days from office action. Unextendable term
Substantive examination must be requested by the applicant:
YES, within 1 month after receipt of official request.
Search report must be requested by the applicant:
NO
Observations by third parties:
YES, within three months from the third publication
Opposition:
YES, within three months from the third publication
Average time from filing to grant:
5-6 years.
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
10 years from filing date.
Maintenance:
Yearly after grant.
Compulsory licensing:
YES
Designs
WIPO-administered Treaties:
Contracting Party of the Hague System: NO.
Applicable Law:
Law 6867 on Patents, Industrial Designs and Utility Models.
Grace period for filing applications, from disclosure:
Multiple design applications -one application for different embodiments-available:
Formal filing requirements:
Identification of the applicant and inventors.
5 graphic representations.
Description.
Power of Attorney notarized.2 months from notification.
Assignment document legalized and authenticated by the Costa Rican Consulate or by means of the Apostille, along with its Spanish translation. 2 Months from notification.
Priority document, when applicable. 3 months from Notification.
Locarno classification:
YES.
Deferred publication:
- Once all the requirements have been filed, the PTO will issue 2 edicts, one which must be published in the Official Newspaper “La Gaceta” and the other which must be published in another local newspaper.
Registration Proceeding Outline:
Filing. Publication. Oppositions. Official Examination. Decision.
Opposition:
YES. Oppositions can be filed within 3 months from the publication. Once the design is granted, only the applicant can cancel the registration.
Average time from filing to grant:
1 year.
Term of Protection and Maintenance:
10 years. No maintenance fees for designs in Costa Rica.
Customs
Does it accept an administrative request for surveillance?
NO
Intellectual property rights protected through an administrative request for surveillance
As it does not accept the Request, no IPRs can be applied for.
Requirement to file for an application of an administrative request for surveillance
As it does not accept the Request, there are not requirements.
Procedure (special aspects)
Although there isno surveillance application procedure, in practice the power of attorney and trademark or copyright registration certificates are presented to Customs so that the authorities are aware of the trademark rights and and request for an unofficial “look out”.
Once a shipment is seized, Customs would notify the representative of the Trademark in Costa Rica and provides a very short term to confirm if the owner wishes to proceed with the on-site review of the merchandise, in order to determine the counterfeit character of the merchandise; and issue the mandatory complaint. In this case, customs would seize the merchandise, which will remain in the custody of the Judiciary, a criminal proceeding must be filed in court, this must be filed not only with the initial complaint, but also with a complaint and civil action for compensation.
Data protection
Territory: Costa Rica
Data Protection Regulations:
- Law on the Protection of Individuals with regard to the processing of their personal data No. 8968.
- Regulation to the Law on the Protection of the Person with regard to the Processing of Personal Data N° 37554-JP.
Regulatory purpose: This law is of public order and aims to guarantee to any person, regardless of their nationality, residence or domicile, respect for their fundamental rights, specifically, their right to informational self-determination in relation to their private life or activity and other personality rights, as well as the defence of their freedom and equality with regard to the automated or manual processing of data corresponding to their person or property.
Parties:
- Data controller: Yes. The natural or legal person who administers, manages, or oversees the database, whether a public or private entity, competent under the law to decide what is the purpose of the database, which categories of personal data shall be recorded and what kind of processing shall be applied to them.
- Data Processor: Yes. Any natural or legal person, public or private entity, or any other body that processes personal data on behalf of the controller of the database.
- Data Protection Officer: No.
- Supervisory Authority: if the Personal Data Protection Agency (PRODHAB)
- Other: Technology intermediary or service provider: Natural or legal person, public or private, providing infrastructure, platform, software or other services.
Principles:
- Informational self-determination
- Informed consent
- Quality of information
Obligations:
- Register of Processing Activities: Yes, databases must be registered with PRODHAB.
- Impact Assessments: Yes, if provided for in action protocols and/or security measures.
- Risk analysis: Yes.
- Technical and organisational security measures: Yes.
- Duty to inform: Yes.
- Data Protection Officer: No.
Data subjects’ rights:
- Right of Access: Yes.
- Right of rectification: Yes.
- Right of Suppression: Yes.
- Right to limitation: Yes.
- Right to portability: Yes.
- Right to object: Yes.
- Automated individual decisions, including profiling: No.
International transfers:
Those responsible for databases, whether public or private, may only transfer data contained therein when the right holder has expressly and validly authorised such transfer and it is done without violating the principles and rights recognised by law.
There is no list of countries considered safe.
Sanctioning regime: Yes.
- For minor offences, a fine of up to five basic salaries for the position of judicial assistant I, according to the Budget Law of the Republic.
- For serious misconduct, a fine of five to twenty basic salaries for the position of judicial assistant I, according to the Budget Law of the Republic.
- For very serious offences, a fine of fifteen to thirty basic salaries for the post of judicial assistant I, according to the Budget Law of the Republic, and suspension from the operation of the file for one to six months.
Certification or accreditation of compliance for companies: No.
Other highlights: There is currently a draft law in the legislative stream which, if passed, would repeal the current law and regulations.
