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

The History of Pirate Raids Along Costa Rica’s Coast

Long before Costa Rica became synonymous with cloud forests and wildlife reserves, its coastlines were contested territory in one of history's most dramatic power...

DEA Renews Extradition Request for Alleged Drug Trafficker

U.S. authorities have renewed their push to extradite Jonathan Álvarez Alfaro, the Costa Rican suspect known as “El Profe” or “Gato,” reviving a case...

Costa Rica Real Estate Escrow Rules Explained for Foreign Buyers

There is a big difference between an escrow contract and a trust contract. In the escrow contract one party places certain funds in the...

Costa Rica Report Says Gentrification Is Reshaping Guanacaste

A new study from the National University’s Observatory on Tourism, Migration and Sustainability in the Chorotega Region says development in some of Guanacaste’s best...

Costa Rica’s Liberia Airport Posts Best Quarter in History

Guanacaste’s main international airport in Liberia just posted the strongest first quarter in its history, another sign that Costa Rica’s Pacific gateway is carrying...

Costa Rica’s Hello Brete Program Promises Free English Training

Outgoing President Rodrigo Chaves Robles stood before a crowd at the historic Antigua Aduana in San José, the venue for our country’s Hello Brete...
Avatar

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel