No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeArchiveCAFTA Bill Violates Constitution

CAFTA Bill Violates Constitution

A bill to crack down on intellectual property violations is unconstitutional, the Supreme Court said earlier this month in a ruling that sets back President Oscar Arias’ free-trade agenda.

The bill, which calls for hefty fines or prison terms for copyright, trademark and patent violations, was intended to put Costa Rica in compliance with the Central American Free-Trade Agreement with the United States (CAFTA).

The Constitutional Chamber of the Supreme Court (Sala IV) said the punishment for displaying copyrighted works without the author’s permission – a $2,700 to $227,000 fine or a two-month to six-year prison term, depending on the work’s value – is disproportional and excessive.

Another problematic clause would have allowed authorities to seize pirated or falsified material and other evidence related  to the crime. That violates a constitutionalmandate that private documents and communication are “inviolable,” justices said.

The ruling could delay the bill’s passage by several months. Lawmakers must further debate the bill and hold a second vote. The opposition Citizen Action Party (PAC) could then challenge the bill again before the Sala IV, which takes about a month to reach a decision.

The bill is one of 12 required, in some form, to enter CAFTA before an Oct. 1 deadline. Six have become law.

The Sala IV has thus far found fault with one other CAFTA bill, the one that would lift a state telecommunications monopoly. Due to a technical glitch, lawmakers held a vote without debating motions proposed by PAC lawmaker Leda Zamora. They must now debate the bill further.

 

Trending Now

How to Watch the Super Bowl in Costa Rica

Costa Rica has always been a soccer-first country, where passions run deepest for fútbol and La Sele. Yet over the past decade-plus, the Super...

La Fortuna Tops Travel + Leisure’s List as Costa Rica’s Prime Wellness Spot

For those who haven't been here before, La Fortuna sits in the northern part of the country, near Arenal Volcano. The area draws visitors...

February Slump Hits Costa Rica Hotels: Weather and Airfares to Blame

Hotel operators in Guanacaste and the Central Pacific report lower occupancy rates for February 2026 than in the same month of 2024 and 2025....

Costa Rica Fossil Discovery Reveals Mastodon and Sloth Giants

Researchers at the Museo Nacional de Costa Rica have confirmed a major paleontological find in the province of Cartago: fossil remains from a mastodon-like...

U.S.-China Tensions Fuel Legal Battle Over Panama’s Strategic Ports

Hong Kong-based conglomerate CK Hutchison Holdings issued a warning on Thursday, stating it would pursue legal action against Danish shipping firm Maersk if the...

Daddy Yankee Brings Faith-Focused Testimony to Costa Rica

Puerto Rican artist Daddy Yankee plans to visit Costa Rica later this month to present his conference "El Testimonio." The event takes place on...
Avatar
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel

Latest News from Costa Rica