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 Estate Becomes Refuge for Rare Agami Heron

Around 1,000 agami herons have made a private estate in Guatuso their home, creating an unusual concentration of one of the most elusive heron...

Costa Rica Expands Online English Classes to 100 Rural Schools

More than 2,000 children in rural Costa Rican communities are now receiving English lessons through a technology-based program that connects small schools with specialized...

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 Documentary Reveals Why Whales From Two Hemispheres Choose Golfo Dulce

Golfo Dulce is the only place on Earth where humpback whales from both hemispheres give birth. A new Costa Rican documentary spent three years filming it.

Costa Rica Study Examines How Water-Resistant Sunscreen Affects Body Heat

Some water-resistant sunscreens may slightly reduce the body’s ability to cool itself during prolonged exercise in hot conditions, according to research conducted at the...

Costa Rica Closes Turrialba Volcano and Guayabo Monument Due to Heavy Rains

Two popular to visit in the Turrialba area have closed temporarily as continued rainfall and saturated ground raise the risk of landslides and other...

The Panama Canal Opened 112 Years Ago Today

Twelve years of digging, an estimated 27,500 deaths and roughly $375 million ended quietly on the morning of August 15, 1914, when a single...

Costa Rica Heavy Rains Cause Flooding and Travel Disruptions

Heavy rains from Tropical Wave No. 32 left flooding, overflowing rivers, landslides and road problems across several parts of Costa Rica, while forecasters warned...

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...
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