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

Costa Rica Scrapped the Three Month Driving Limit for Foreign Licenses

If you are driving in Costa Rica on a license from home, the rule you have probably read online is out of date. You...

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...

The Lifeguards Who Transformed Playa Dominical in Costa Rica

Playa Dominical has a well earned reputation as one of Costa Rica’s premier surfing spots. Its powerful and consistent beach break draws riders from...

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...

Watch as Camera Thieves Impact Wildlife Studies in Costa Rica

Certain things are guaranteed when camera trapping in Costa Rica. Some things are magnificent, for instance, with enough time and even the smallest patch...

Costa Rica Moves Toward Satellite Cell Coverage With Starlink

Costa Rica is getting its first taste of satellite connected cell phones, and both of the biggest telecom operators are behind it. Liberty and...

Fewer Humpback Whale Sightings Reported in Costa Rica’s Golfo Dulce

Tour guides in Costa Rica’s Golfo Dulce say humpback whales have been more difficult to find this season, raising questions about whether warmer ocean...

El Salvador Faces a Major Test as TPS Ends in the United States

As Temporary Protected Status for roughly 170,000 to 200,000 Salvadorans in the United States comes to an end on September 9, most coverage of...

Google Wins Auction for Spirit Airlines’ Massive Data Archive, Raising Privacy Alarms

For all us fun that have flown Spirit to Costa Rica, it was announced that Spirit Airlines has agreed to sell a sprawling trove...
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