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

Panama Finalizes Supreme Court Ruling Scrapping Hutchison Ports Deal

Panama published the Supreme Court ruling that annuls the concession granted to a Hong Kong-based company to operate two ports at the entrances to...

CK Hutchison Requests Negotiations with Panama over Canal Ports

Hong Kong-based conglomerate CK Hutchison Holdings on February 19, 2026, called on the Panamanian government to open talks aimed at allowing its subsidiary to...

Public Image Ltd Set to Make Costa Rica Debut in April

Rock fans in Costa Rica have a major event on the horizon. Public Image Ltd, the band led by John Lydon, plans to play...

Costa Rica Flights Disrupted by US East Coast Snowstorm

A major winter storm pushing blizzard conditions across the U.S. Northeast is forcing widespread flight cancellations at airports that many Costa Rica travelers use...

UK police arrest ex-prince Andrew in historic blow to royal family

Britain's former prince Andrew was arrested Thursday on suspicion of misconduct during his time as a trade envoy, as UK police investigations into allegations...

Costa Rica Asks Nicaragua to Increase Patrols Over Illegal Gold Smuggling

Costa Rica asked Nicaragua to increase police patrols along the San Juan River. The request targets the movement of gold-bearing sediments taken illegally from...
Avatar
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel

Latest News from Costa Rica