Industrial Designs Law in Costa Rica
Here’s an overview of Industrial Designs Law in Costa Rica:
Industrial Designs Law in Costa Rica
Legal Framework
Industrial design protection in Costa Rica is governed by the Industrial Design Law No. 6867 (enacted in 1983, with subsequent amendments).
Costa Rica is a member of several international treaties, including:
Paris Convention for the Protection of Industrial Property
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Hague Agreement Concerning the International Registration of Industrial Designs (acceded in 2012)
The law is administered in coordination with the Registro de la Propiedad Industrial of the Registro Nacional (National Registry).
Competent Authority
The Registro de la Propiedad Industrial, part of the Registro Nacional, is responsible for registration and administration of industrial designs.
Key Features:
Definition of Industrial Design
An industrial design refers to the appearance of a product or part of a product, including lines, contours, colors, shape, texture, or materials, that gives it a unique and ornamental appearance.
Registration Process
Applications must be filed with the Registro de la Propiedad Industrial, including:
Clear representations of the design (drawings or photographs)
Description of the design and indication of the products it applies to (classified according to the Locarno Classification).
Formal examination is carried out to verify completeness.
Substantive examination checks for novelty and originality.
If accepted, the design is registered and published for opposition.
Opposition
There is a 30-day period after publication during which third parties may file oppositions.
Duration and Renewal
Initial protection is granted for 5 years from the filing date.
The registration can be renewed twice, each renewal extending protection by 5 years, for a maximum term of 15 years.
Rights Conferred
Exclusive rights to use, manufacture, sell, import, or license the product with the registered design.
The right to prevent unauthorized copying or imitation of the design.
Grounds for Refusal
Designs lacking novelty or originality.
Designs dictated solely by technical function (non-protectable under design law).
Designs contrary to public order or morality.
Infringement and Enforcement
Enforcement available through civil courts, which can order injunctions, damages, and seizure of infringing products.
Customs authorities may assist in preventing the import of counterfeit or infringing products.
International Protection
Costa Rica’s membership in the Hague Agreement allows applicants to file international design applications designating Costa Rica.
Priority rights are recognized under the Paris Convention.
Summary
Costa Rica offers formal industrial design protection for up to 15 years through registration with the Registro de la Propiedad Industrial. The system provides exclusive rights and remedies against infringement, aligned with international IP treaties and standards.
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