Geographical Indications Law in Costa Rica
Costa Rica has a comprehensive legal framework for the protection of Geographical Indications (GIs), primarily governed by Law No. 7978 on Trademarks and Other Distinctive Signs (2000), as amended by Law No. 8632 (2008). This legislation aligns with international standards, including the TRIPS Agreement, and is complemented by Executive Decree No. 33743 (2007), which provides detailed regulations for GIs and Appellations of Origin.
Legal Framework for Geographical Indications in Costa Rica
1. Law No. 7978 on Trademarks and Other Distinctive Signs
Definition of Geographical Indication: Article 2 of the law defines a geographical indication as a sign that identifies a product as originating from a specific territory, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin.
Registration Process: Article 76 outlines the requirements for registering a geographical indication or appellation of origin, including details about the applicant, the geographical area, the goods or services, and the essential qualities or characteristics of the product.
Term and Modification of Registration: Registrations are of indefinite duration and may be amended to reflect changes in the geographical area, goods, or characteristics.
Protection Against Misuse: Article 48 of Law No. 8039 (2000) criminalizes the fraudulent use of geographical indications or appellations of origin that mislead the public, with penalties ranging from fines to imprisonment, depending on the severity of the offense.
2. Executive Decree No. 33743 on Regulations Implementing GIs
Approval and Implementation: Issued on March 14, 2007, and amended by Executive Decree No. 41572 (2019), this decree establishes the procedures for the registration and administration of GIs and appellations of origin.
Role of the Regulatory Council: A regulatory council is responsible for granting authorization to use a GI or appellation of origin, ensuring compliance with established norms, and taking corrective actions in cases of misuse.
Judicial Protection: Producers or entities affected by irregular use of a GI or appellation of origin can seek judicial remedies through summary proceedings, in addition to administrative actions.
Notable Example: "Banano de Costa Rica"
In 2010, "Banano de Costa Rica" became the first geographical indication registered in the country. The registration defines the entire territory of Costa Rica as the geographical area for banana production, with adherence to strict standards set by the Corporación Bananera Nacional (CORBANA). This initiative has enhanced the international recognition and marketability of Costa Rican bananas.
International Recognition
Costa Rica has actively sought international protection for its GIs. In 2022, the European Union recognized "Tarrazú" coffee as a protected geographical indication under the EU-Central America Association Agreement, reflecting Costa Rica's commitment to safeguarding its unique agricultural products in global markets.
Summary
Costa Rica's legal framework for the protection of geographical indications is robust, aligning with international standards and providing clear procedures for registration, administration, and enforcement. The country's proactive approach has led to the successful registration of notable GIs, enhancing the global competitiveness of its unique products.
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