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

Bukele and Elon Musk Bring Grok AI to El Salvador Public Schools

El Salvador’s president Nayib Bukele and billionaire Elon Musk announced Thursday an “alliance” to use Grok, the artificial intelligence system of social network X,...

Carlos Alcaraz Edges Joao Fonseca in Miami Exhibition

Carlos Alcaraz outlasted Joao Fonseca in a thrilling exhibition match at the Miami Invitational. The world number one from Spain claimed victory with a...

Costa Rican Family Seeks Justice After U.S. Hearing in Vílchez Homicide

A judge in Sequatchie County, Tennessee, moved forward with charges against two men accused in the death of Silvia Gabriela Vílchez Mora, a 50-year-old...

Bad Bunny Wows Costa Rica Crowd with Hits and Heartfelt Words

Bad Bunny delivered a powerful performance last night at the National Stadium, kicking off two sold-out dates on his DeBÍ TiRAR MáS FOToS World...

Travel and Leisure Spotlights Nicaragua as a Top Destination

Travel and Leisure magazine put out a feature on December 4 highlighting Nicaragua as a key spot for trips blending high-end options with outdoor...

Costa Rica Assembly to Vote on Chaves Immunity Lift

The Legislative Assembly has set December 16 for a key plenary session to vote on removing President Rodrigo Chaves' immunity. The move follows a...
Avatar
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel

Latest News from Costa Rica