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

Costa Rica Suspends Investigation Into Who Ordered Roberto Samcam’s Murder

Costa Rica’s prosecutor’s office has suspended its investigation into who ordered the 2025 killing of retired Nicaraguan military officer Roberto Samcam, an outspoken critic...

Iron Maiden Ends 10-Year Absence With 50th-Anniversary Show in Costa Rica

Iron Maiden returned to Costa Rica after 10 years, bringing its 50th-anniversary tour and a song never played here before.

Costa Rica Concert Producers Arrested in $850,000 Money Laundering Probe

Two well-known Costa Rican concert producers were among 18 people arrested Wednesday in a money laundering investigation into whether an alleged drug trafficking organization...

Costa Rica Beats Haiti 2-0 as Bryan Ruiz Finishes Interim Run Unbeaten

Costa Rica beat Haiti 2-0 last night at Estadio Ricardo Saprissa, closing its Concacaf Nations League group stage with a second consecutive victory under...

Costa Rica Red Cross Considers Ending Overnight Shifts at 20 Branches

The Costa Rican Red Cross is considering eliminating overnight shifts at 20 local branches as financial pressure continues to affect its emergency-response network. The...

Costa Rica’s Playa Sámara Residents Push to Restore Long-Damaged Mangrove

Residents of Playa Sámara are pushing for the restoration of the Río Lagarto mangrove, an ecosystem that environmental authorities say was heavily altered by...

Costa Rica Sends ₡1.5 Billion to Red Cross as Branches Still Face Pressure

Visit Site Costa Rica has ordered a ₡1.5 billion transfer to the Red Cross to help keep its emergency network running. President Laura Fernández instructed...

Magnitude 7.6 Quake Centered in Panama Is Felt Across Most of Costa Rica

A powerful earthquake centered in southern Panama shook much of Costa Rica today. The long, rolling motion sent people out of homes and offices...

Dollar Holds as Central Bank Warns US Rates Could Push It Higher

The dollar has eased from its early-October high, but Central Bank President Róger Madrigal warns a widening US rate gap could lift it again.
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel