President Chinchila has vetoed the law decriminalizing the photocopying of books.
The bill passed by the National Assembly, which sought to eliminate the penalties of up to five years in prison and fines for reproduced textbooks, has been vetoed by President Laura Chinchilla.
Justice Minister Fernando Ferraro said that "... the project is not necessary as the country's legislation does not seek to send book copiers to jail.
The law in Costa Rica that decriminalizes the business of photocopying disrupts the foundations of intellectual property rights, with the only justification for accessing protected property being the lack of economic means.
The first paragraph of the preamble to draft law No. 17,342, already approved by the Costa Rican Assembly and awaiting enactment or veto by President Chinchilla, shows that it is clearly a concept that degrades the legal structure of the nation: "the end justifies the means ":
The Chamber of Information and Communication Technologies and the American Costa Rican Chamber of Commerce have requested that the bill be vetoed by President Chinchilla.
An article in Elfinancierocr.com echoes the troubles caused by the adoption of the law which "allows without sanction copying of music CDs and movies or counterfeit software", in the national and creative sectors, and in the union that groups together American companies in the country.
The Legislative is moving forward a bill that will decriminalize the business of photocopying of books, on the basis of academic needs.
The aim of the "Law to protect the right to education against the excesses of intellectual property law" is to prevent owners of photocopying businesses from being affected by the secondary legislation of the Free Trade Agreement (FTA) with the United States on intellectual property protection.
The Legislative Assembly of Costa Rica passed modifications to intellectual property laws.
Specifically, they modified article 2 of the Intellectual Property Law, and article 8 of the Intellectual Property Observance Law.
This concludes the implementation agenda of the Free Trade Agreement between the United States and Central America.
Nacion.com reported that “these modifications increase fines for intellectual property violations and clarifies concepts related to phonograms and interpretation of musical works”.
In Compliance with the FTA, the Government sent Congress draft legislation that criminalizes the infringement of intellectual property rights.
As part of the framework Agenda for the Implementation of the Free Trade Agreement with the United States, Central America and Dominican Republic, the Ministry of Foreign Trade (COMEX) has sent a reform to the Law on Copyright and Related Rights to Congress for debate.
Congress also approved the abolition of criminal offenses against commercial and industrial secrets and confidential information.
Congress also approved the abolition of criminal offenses against commercial and industrial secrets and confidential information.
When this reform comes into force, it will effectively establish the civil courts as the only means of claiming damages for patent infringement or the disclosure of industrial or commercial secrets.
Costa Rica has passed a new intellectual property law, in keeping with its membership of Cafta, the free trade accord between Central America and the United States.
The new law was passed by Congress on a second reading. It strengthens Costa Rican legislation on intellectual property rights.