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

Endangered White-Lipped Peccaries Found Slaughtered Inside Golfo Dulce Forest Reserve

Last Wednesday, the carcasses of ten wild pigs were found slaughtered inside the Golfo Dulce Forest Reserve on the Osa Peninsula in southern Costa...

Costa Rica’s Tourism Is Losing Ground to Mexico, Guatemala and Others

The National Chamber of Tourism (CANATUR) warned that Costa Rica's tourism ended 2025 with a modest 1% increase in international arrivals, a figure that...

Costa Rican Activist Stella Chinchilla Denies Role in Alleged Assassination Plot

Stella Chinchilla Mora, a vocal critic of the Costa Rican government, faces accusations of orchestrating a plot to assassinate President Rodrigo Chaves. The 62-year-old...

Australian Open 2026 Opens With Star Power, Heat & Drama

The Australian Open is barely underway and already the storylines are piling up: top seeds pushed early, brutal heat testing bodies and patience, and...

Gang Riots Erupt in Guatemala Prisons Over Transfer of Leaders

Gang groups rioted on Saturday in several Guatemalan prisons, where they have been protesting since 2025 over the transfer of their leaders to a...

Guatemala Decrees State of Siege After Gangs Kill Eight Police Officers

Guatemalan President Bernardo Arévalo on Sunday decreed a state of siege across the country after gangs killed eight police officers in recent hours and...
Avatar
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel

Latest News from Costa Rica