Costa Rica builds respect for IP rights

• Pages: 28-30

p. 28 2012 | 5

COSTA RICA

BUILDS RESPECT

FOR IP RIGHTS

Since its es tablishm ent in Decemb er 2002 , Costa

Rica’s Administrative Registration Tribunal (ART) has

made great s trides in boostin g intellectual pr operty (IP)

awareness in t he countr y and in inst illing con dence

in the nati onal IP system . In the lead up to t he its 10th

anniversa ry celebrat ions, WIPO Magazin e sat down with

ART’s Presiden t, Ms. Guad alupe Ort iz, to learn m ore

about the Tribun al’s work and its pl ans for the fut ure.

BACKGROUND

Costa Rica’s Law No. 8039 on Procedures on Enforceme nt

of Intellectual Propert y Rights, enacted in 2000, grew out of

the country’s commitment to implement the provisions of the

World Trade Organization (WTO) Agreeme nt on Trade-Related

Aspects of Intellectual Proper ty Rights (TRIPS), and its recogni-

tion of the importance of IP a s a catalyst for economic growth

and development. This law provide s for the establishment of

ART, an independent, specialized body to adjudi cate appeals

relating to decisions and other ac tions taken by the country’s

national IP registries. Th e Tribunal, attached to the Ministry of

Justice, is a lynchpin in the cou ntry’s strategy to build greater

understanding and re spect for IP rights and the IP system as a

whole. The Tribunal is the only one of its kind in L atin America

that handles cases involving both intangible and tangible rights.

BUILDING CONF IDENCE IN THE IP SYSTEM

In its 10-year existence, the Tribunal has handled some 6,500

cases, of which only aroun d 20 have been passed to the

law courts for resolution. “ This reects the high level of con-

dence that users have in the system. One of the s trengths

of our system is that we offer a streamline d and transparent

service. Appli cants that wish to appeal the deci sion of one

of our national IP registries c an defend their rights, and have

a second opportun ity to present their case,” Ms. Ortiz notes.

“We strongly embrace the prin ciple of public servi ce. Users

have quick and easy access to the law a nd are guaranteed

an opportunit y to discuss all the issues relating to the ir case,”

she explains. Regardle ss of whether or not the Tribunal’s de-

cision is favorable to users, they ben et from a well-argued

legal explanation as to the rights o r wrongs of their case and

From left to rig ht: Tribunal jud ges Lic. Kathya Mora

Cordera, MSc , Guadalupe Or tiz Mora, MSc, Nor mal Ureña

Boza, Lic. I Ise Diaz Diaz , Dr. Pedro Suarez Bal todano.

Photo: ART-Costa Rica