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 Raids 80 Locations in Major Fuel Theft and Organized Crime Investigation

Costa Rica's OIJ carried out 80 raids Friday against an alleged network accused of stealing 654,000 liters of fuel and $1.5 million in cargo, with 22 detained.

Dollar Holds as Central Bank Warns US Rates Could Push It Higher

The dollar has eased from its early-October high, but Central Bank President Róger Madrigal warns a widening US rate gap could lift it again.

Costa Rica Sends ₡1.5 Billion to Red Cross as Branches Still Face Pressure

Visit Site Costa Rica has ordered a ₡1.5 billion transfer to the Red Cross to help keep its emergency network running. President Laura Fernández instructed...

Costa Rica’s OIJ Warns of Motorcycle Groups Blocking Roads and Attacking Drivers

Packs of motorcyclists performing stunts, blocking traffic and in some cases assaulting drivers who confront them have become a serious problem, an OIJ traffic crimes chief warned.

The Night Costa Rica Witnessed Central America’s Worst Soccer Tragedy

This month marks the 30th anniversary of the worst soccer tragedy in Central American history. The setting was Estadio Mateo Flores in Guatemala City....

Costa Rica’s Prison Population Hits Record Ahead of Mega-Prison Opening

Costa Rica held a record 21,173 adults in prison as of Oct. 7, up 42% since 2022, as the government prepares to open its 5,100-bed CACCO maximum-security prison.

Costa Rica’s First Artificial Beach Runs on Well Water as Guanacaste Dries Out

Costa Rica's first artificial beach draws on well water as Guanacaste heads into an El Niño dry season with forecasts of 80% less rain.

Prosecutors Probe Clearing on Protected Land Beside Montezuma Waterfall

Inspectors found trees cut and a hillside terraced on 6,564 square meters near Montezuma's waterfall, including public heritage land. The criminal case remains open.

Is Snoop Dogg’s Costa Rica Concert Still Happening?

Snoop Dogg’s highly anticipated concert in Costa Rica remains scheduled for December 3, despite recent legal developments involving one of the event’s producers. The...
Loading…

Latest News from Costa Rica

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