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

Trump Brings Latin American Conservative Leaders to Florida Summit

US President Donald Trump, currently waging a war with Iran, hosts a dozen right-wing leaders from Latin America and the Caribbean on Saturday to...

Costa Rica Women March for Democracy and Rights on International Women’s Day

Women and supporters march in downtown San José today to observe International Women's Day and voice demands for greater rights and protections. The 8M...

Women in Costa Rica Struggle More to Find Jobs Than Men

Women in Costa Rica continue to participate in the labor market at lower rates than men, according to the most recent statistics from the...

Costa Rica Rejects U.S. Bid to Extradite Caribbean Drug Boss

The Criminal Court of Limón turned down a U.S. request to extradite Gilberth Hernán Bell Fernández, known as 'Macho Coca,' on Monday afternoon. Judge...

El Salvador Accused of Crimes Against Humanity

A group of international jurists yesterday, accused the government of Salvadoran President Nayib Bukele of committing crimes against humanity, including torture and disappearances, in...

Venezuela Reports 475% Inflation as Reforms Begin

Venezuelan inflation soared to 475 percent in 2025, the highest in the world, driven by a tightening of US sanctions in the lead up...
Avatar
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel

Latest News from Costa Rica