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

Family Demands Answers on Missing Political Prisoners in Nicaragua

Relatives of a retired military officer and his wife, who were detained a year ago in Nicaragua, demanded Saturday that the government of Daniel...

American Detained in Costa Rica Over $3.6 Million Investment Fraud Case

OIJ Interpol agents detained a 46-year-old American in Pavas, San José, on an FBI warrant. A US civil case traces nearly $2.8 million to Costa Rican banks.

Costa Rica Drills for Disaster Today While Its Quake Sensors Go Unfunded

Costa Rica evacuates at 10 a.m. today. The alarms are not real, you should go along with whoever asks you to leave the building,...

The Unexpected Reason Some Travelers May Prefer Costa Rica

My friend Tomas has worked most of his life in one kind of tourism or another. He’s 100 percent Tico but spent many years...

Costa Rica Hands Macho Coca and Compadre to US Agents in New York Cases

Costa Rica surrendered two men wanted on United States drug trafficking charges to American agents on this morning, closing extradition proceedings that had run...

Costa Rica’s Wild Capuchin Monkeys Are Using AI Touchscreens

Wild white-faced capuchin monkeys in Costa Rica are learning to use a touchscreen in the middle of the forest, giving researchers a new way...

Costa Rica Raises Yellow Alert as Tropical Wave Arrives

If you are driving on the Caribbean side or through the Northern Zone today, check that your route is open before you leave the...

Mother’s Day Is a Full National Holiday in Costa Rica

Today is Día de la Madre, and it is a full national holiday in Costa Rica, not just a greeting-card occasion. Public offices are...

Missing Hiker Found Alive After Four Days in Costa Rica’s Chirripó National Park

A 58-year-old Costa Rican hiker who had been missing for four days inside Chirripó National Park was found alive this morning, ending an extensive...
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