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

Another Tropical Wave Arrives as Costa Rica School Closures Rise Again

When will it end? Costa Rica’s recovery from this month’s flooding suffered a setback today as the number of schools without in-person classes rose...

Panama and El Salvador Declare Alerts as El Niño Intensifies

Panama and El Salvador declared states of alert on Tuesday over the El Niño climate phenomenon, which is expected to reach record levels and...

U.S. President Trump Announces Major Venezuela Oil Deal

President Donald Trump announced a sweeping oil agreement with Venezuela that he says will expand U.S. reserves, attract billions in private investment and eventually lower gasoline prices.

Coco Gauff and Arthur Fils Win Cincinnati Open Titles

Coco Gauff and Arthur Fils left the Cincinnati Open with the biggest trophies on Sunday, August 23, after winning two very different singles finals...

Costa Rica Relies on One Machine for Key Cancer Treatment

Costa Rica’s public health system depends on a single machine at Hospital México to provide an important form of cancer treatment, leaving patients vulnerable...

Is Costa Rica’s 98% Literacy Rate Really Accurate?

Costa Rica has long promoted itself as the most literate country in Central America, and by the numbers it is. Government statistics put the...

Costa Rica Delays Yellow Fever Vaccine Rules Until October

Costa Rica has delayed new yellow fever vaccination rules for travelers to eight countries, giving you another month to get vaccinated before the requirements...

The Hidden Climb in Tortuguero Most Visitors Never Discover

Just beyond Tortuguero’s famous canals, Cerro Tortuguero offers a rainforest hike and one of the most impressive panoramic views on Costa Rica’s Caribbean coast.

Hilton Signs Luxury Resort and Residences Next to Manuel Antonio Park

Hilton has signed an agreement for its first LXR-branded property in Costa Rica, a seven-story luxury resort paired with 116 private residences on a...
Avatar
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

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