

Currently released so far... 12900 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
2011/05/01
2011/05/02
2011/05/03
2011/05/04
2011/05/05
2011/05/06
2011/05/07
2011/05/08
2011/05/09
2011/05/10
2011/05/11
2011/05/12
2011/05/13
2011/05/14
2011/05/15
2011/05/16
2011/05/17
2011/05/18
2011/05/19
2011/05/20
2011/05/21
2011/05/22
2011/05/23
2011/05/24
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Consulate Karachi
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AE
ASEC
AS
AR
AMGT
AFIN
AORC
AU
AG
AF
APER
ABLD
ADCO
ABUD
AM
AID
AJ
AEMR
AMED
AL
ASUP
AN
AIT
ACOA
ANET
ASIG
AA
AGMT
AINF
AFFAIRS
ADANA
AY
AADP
ARF
ACS
AGR
AMCHAMS
AECL
AUC
APEC
APECO
AFGHANISTAN
ACAO
ASEAN
ADM
AGAO
AND
ADPM
ATRN
ALOW
AROC
APCS
AORG
AO
AODE
ACABQ
AX
AMEX
AZ
ARM
AQ
ATFN
AMBASSADOR
ACBAQ
AFSI
AFSN
AC
ASEX
AER
AVERY
AGRICULTURE
ASCH
AFU
AMG
ATPDEA
ASECKFRDCVISKIRFPHUMSMIGEG
AORL
BR
BO
BA
BM
BL
BH
BK
BEXP
BILAT
BTIO
BF
BU
BD
BY
BE
BG
BB
BBSR
BT
BRUSSELS
BP
BX
BC
BIDEN
BMGT
BWC
BN
BTIU
CA
CS
CO
CD
CR
CPAS
CDG
CI
CDC
CBW
CU
CVIS
CE
CONS
CH
CMGT
CASC
CY
CW
CG
CJAN
CIDA
CODEL
CWC
CIA
CBSA
CEUDA
CFED
CLINTON
CAC
CL
CACS
CIC
CHR
CAPC
CM
CT
CTR
COM
CROS
CN
COPUOS
CV
CF
CARSON
CONDOLEEZZA
CICTE
CYPRUS
COUNTER
COUNTRY
CBE
CKGR
CVR
COUNTERTERRORISM
CITEL
CLEARANCE
COE
CARICOM
CB
CSW
CITT
CACM
CDB
CJUS
CTM
CAN
CLMT
CBC
CNARC
CIS
EFIN
ECON
ETRD
EAID
EC
EU
EUN
EINV
EG
ETTC
EIND
ELAB
EAGR
ECIN
EINT
ENRG
EFIS
ELTN
EAIR
EPET
EZ
ET
ENERG
ECPS
EWWT
EI
ETRN
EINVECONSENVCSJA
EEPET
EUNCH
ER
ES
EN
EMIN
ESENV
ENNP
ENGR
ETRDEINVECINPGOVCS
ENVI
ECINECONCS
ELN
EFTA
ELECTIONS
ENVR
EXTERNAL
ENIV
ESA
EPA
ETRO
ETRDECONWTOCS
EUR
ECUN
EXIM
EK
EUREM
ECONOMY
EUMEM
ERNG
EFINECONCS
EAIDS
ECA
ETRC
EINVEFIN
ETC
EAP
EINN
ECONOMIC
EXBS
ENGY
ECONOMICS
EIAR
EINDETRD
ECONEFIN
EURN
EDU
ETRDEINVTINTCS
ECIP
EFIM
EREL
EINVETC
ECONCS
ETRA
EAIG
EUC
ERD
IQ
IR
IS
IN
IA
IC
IZ
ICRC
ID
IDA
IT
IO
IAEA
ICJ
ICAO
IV
IBRD
IMF
IAHRC
IWC
ILO
ISLAMISTS
IGAD
ILC
ITU
ITF
INRA
INRO
ICTY
INRB
ITALY
IBET
IL
INTELSAT
ISRAELI
IMO
IDP
ICTR
ITRA
IRC
IRAQI
IEFIN
IPR
IIP
INMARSAT
ITPGOV
ITALIAN
INTERNAL
IRS
INTERPOL
IEA
INR
ISRAEL
IZPREL
IRAJ
IF
ITPHUM
IACI
INDO
KPAO
KMDR
KCOR
KNNP
KJUS
KCRM
KDEM
KVPR
KTFN
KPRP
KTIP
KSCA
KSUM
KTEX
KIDE
KIRF
KV
KTIA
KN
KG
KFRD
KWMN
KUNR
KISL
KU
KGHG
KPKO
KOMS
KPAL
KIPR
KMCA
KOMC
KRVC
KSEP
KAWC
KOLY
KWBG
KACT
KFLO
KHIV
KZ
KGIC
KBCT
KDRG
KBTR
KCFE
KE
KHLS
KMPI
KAWK
KPWR
KIRC
KRAD
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KFLU
KPLS
KRIM
KSTH
KDDG
KPRV
KICC
KS
KSAF
KBIO
KREC
KCGC
KCIP
KTDB
KWAC
KPAI
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFSC
KSTC
KMFO
KID
KNAR
KMIG
KVRP
KNEI
KGIT
KNSD
KHDP
KSAC
KWMM
KR
KCOM
KAID
KENV
KVIR
KHSA
KO
KCRS
KPOA
KTER
KFIN
KSPR
KTBT
KX
KCMR
KMOC
KCRCM
KBTS
KSEO
KOCI
KNUP
KPAONZ
KNUC
KNNPMNUC
KERG
KSCI
KTLA
KCSY
KTRD
KMRS
KNPP
KJUST
KRCM
KCFC
KCHG
KREL
KFTFN
KLIG
KDEMAF
KGCC
KICA
KHUM
KSEC
KPIN
KESS
KDEV
KPIR
KWWMN
KOM
KWNM
KRFD
KRGY
KIFR
KWMNCS
KPAK
MARR
MOPS
MUCN
MCAP
MNUC
MEPP
MTCRE
MASS
MO
MIL
MX
MAS
MEDIA
MAR
MI
MQADHAFI
MPOS
MTCR
MK
MG
MA
MY
MU
ML
MPS
MW
MD
MARAD
MC
MR
MT
MTRE
MASC
MRCRE
MAPP
MZ
MP
MOPPS
MTS
MLS
MILI
MEPN
MEPI
MEETINGS
MERCOSUR
MCC
MIK
MAPS
MV
MILITARY
MDC
MASSMNUC
NI
NZ
NL
NO
NPT
NATO
NS
NU
NP
NPA
NSFO
NDP
NT
NW
NASA
NSG
NE
NORAD
NAFTA
NG
NATIONAL
NSSP
NV
NSF
NK
NA
NEW
NPG
NR
NGO
NIPP
NZUS
NH
NC
NRR
NAR
NATOPREL
NSC
OIIP
OPRC
OTRA
OEXC
OREP
OSCE
OVIP
OPAD
OBSP
OECD
OFFICIALS
OAS
OPDC
ODIP
OPCW
OES
OFDP
OPIC
OCS
OIC
OHUM
OSCI
OVP
ODC
OIE
OTR
OMIG
OSAC
OFDA
ON
OCII
PREL
PINR
PGOV
PARM
PE
PTER
PHUM
PO
PINS
PREF
PK
PM
POL
PBTS
PNAT
PHSA
PAS
PA
PL
PGIV
PHUMPREL
POGOV
PAK
PEL
PROP
PP
PINL
PBT
PTBS
PG
PINF
PRL
PALESTINIAN
PSEPC
POSTS
PAHO
PHUMPGOV
PGOC
PNR
PREFA
PMIL
POLITICS
POLICY
PROV
PBIO
PREO
PAO
PDOV
PGOF
POV
PCI
PRAM
PSI
POLITICAL
PAIGH
PJUS
PARMS
PROG
PTERE
PRGOV
PORG
PS
PKFK
PSOE
PEPR
PPA
PINT
PMAR
PRELP
PNG
PFOR
PUNE
PGOVLO
PHUMBA
POLINT
PGOVE
PHALANAGE
PARTY
PDEM
PECON
PY
PLN
PHUH
PF
PHUS
PU
PARTIES
PCUL
PGGV
PSA
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
RU
RS
REGION
REACTION
REPORT
RO
RW
RCMP
RSO
RP
RM
ROOD
RFE
RICE
ROBERT
RSP
RF
RELATIONS
RIGHTS
RIGHTSPOLMIL
RUPREL
SENV
SY
SNAR
SCUL
SP
SF
SW
SOCI
SU
SMIG
SO
SA
SR
SZ
SI
SC
SEVN
SN
STEINBERG
SK
SH
SNARCS
SPCE
SARS
SNARN
SG
SL
SYRIA
SIPRS
SAARC
SNARIZ
SWE
SYR
SEN
SCRS
SAN
ST
SIPDIS
SSA
SPCVIS
SOFA
SENVKGHG
SANC
SHI
SHUM
TU
TSPA
TBIO
TS
TRGY
TINT
TPHY
TN
TW
TH
TZ
TSPL
TP
TBID
TI
TF
TD
TT
TNGD
TL
TC
THPY
TIP
TX
TV
TK
TERRORISM
TO
TRSY
TURKEY
TFIN
TAGS
TR
UK
UNSC
UNGA
UNESCO
UNHRC
UP
UN
USTR
US
UNDC
UY
UNICEF
UNDP
UNMIK
UNAUS
UNCHC
UNCSD
USOAS
UNFCYP
UG
UNIDROIT
UNO
UV
UNHCR
UNEP
USEU
UZ
UNCND
USUN
UNCHR
USNC
USPS
USAID
UE
UNVIE
UAE
UNODC
UNCHS
UNFICYP
UNDESCO
UNC
UNPUOS
Browse by classification
Community resources
courage is contagious
Viewing cable 09SANJOSE138, 2008 SPECIAL 301 REVIEW - COSTA RICA
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09SANJOSE138.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09SANJOSE138 | 2009-03-04 15:38 | 2011-03-21 16:30 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy San Jose |
VZCZCXYZ0001
RR RUEHWEB
DE RUEHSJ #0138/01 0631538
ZNR UUUUU ZZH
R 041538Z MAR 09
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC 0545
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
UNCLAS SAN JOSE 000138
SENSITIVE
SIPDIS
EEB/TPP/IPE FOR TMCGOWAN AND SKEAT
PLEASE PASS TO USTR FOR JGROVES AND GVETERE
E.O. 12958: N/A
TAGS: ETRD ECON KIPR CS
SUBJECT: 2008 SPECIAL 301 REVIEW - COSTA RICA
REF: A) 09 STATE 8410
B) 06 SAN JOSE 0464
C) 07 SAN JOSE 0335
D) 08 SAN JOSE 0155
E) 08 SAN JOSE 0959
-------
SUMMARY
-------
¶1. (U) Since last year's report (Ref D), the GOCR enacted a number
of laws related to Intellectual Property Rights (IPR) as required by
the Central American Free Trade Agreement (CAFTA-DR), but the
success in passing new IPR legislation highlighted the country's
failure to enforce existing laws. Costa Rica's Attorney General
publicly and repeatedly stated that Costa Rica should use its
limited investigative and prosecutorial resources to pursue violent
and drug-related crimes and instructed staff prosecutors to pursue
IPR cases only if they implied harm to people or the environment.
¶2. (U) Nonetheless, there was IPR progress. The Costa Rican
Industrial Registry issued many more patents than in recent years.
A number of Costa Rican officials received training in IPR
enforcement, administration, prosecution, and customs from USPTO,
DHS, WIPO, and others. The Judicial Branch, through the Judicial
School, has engaged in IPR training and wants to provide more
training opportunities for judges and prosecutors. Due to the
CAFTA-DR-related legislative gains (which required significant
political will by the executive branch), and improvements with
registrations, Post recommends that Costa Rica's ranking not be
lowered, and that the country remain on the Watch List for the 2009
Special 301 Report (Ref A). END SUMMARY.
----------------------------
IPR BACKGROUND IN COSTA RICA
----------------------------
¶3. (U) After a difficult and extended implementation review
process, CAFTA-DR entered into force (EIF) for Costa Rica on January
1, 2009. However, entry into force did not quiet CAFTA and IPR
critics. Issues related to IPR rose to the forefront of public
debate during the campaign leading up to the October 7, 2007
nationwide referendum to ratify the country's participation in
CAFTA-DR. Those opposed routinely spoke out against the Agreement's
requirements to create effective deterrents against IPR infringement
as well as protections for IPR, politicizing the issues. Opposition
leaders asserted that increased penalties for IPR violators would
"send students to jail for copying textbooks" and increased IPR
protection would bankrupt the local social security system since it
would be forced to purchase original, innovative pharmaceuticals
rather than generics. The Costa Rican public ultimately rejected
such arguments and approved CAFTA-DR by a slim margin, but the
negative campaign created an environment where issues related to IPR
remain politically controversial.
--------------------------------------------- --
NOW CAFTA-DR COMPLIANT. . .WITH AN IPR FOOTNOTE
--------------------------------------------- --
¶4. (U) After Costa Rica was included in the Priority Watch List in
2001, the country took the necessary steps to bring into force the
WIPO Copyright Treaty (WCT) and the WIPO Performance and Phonograms
Treaty (WPPT) on March 6, 2002 and May 20, 2002, respectively.
Costa Rica also ratified the Patent Cooperation Treaty (PCT). Costa
Rica posted incremental -- but limited -- IPR progress over the past
several years (Refs B and C).
¶5. (SBU) Since last year's Special 301 Report, Costa Rica made all
the necessary legislative reforms to comply with CAFTA-DR
obligations related to IPR. In recognition of meeting CAFTA
standards through legislative reforms, the United States Trade
Representative (USTR) certified Costa Rican CAFTA-DR compliance in
late 2008, paving the way for EIF a few weeks later. However, three
technical corrections remain for legislative action by the Costa
Rican national assembly. Packaged into one final piece of
legislation, the corrections (Ref E) must be passed into law by
January 1, 2010. Failure to do so will result in a holdback of
tariff preferences on a select category of Costa Rican export
products, most likely sugar. The Arias Administration is confident
that the process will be completed in 2009.
-------------------------------------------
. . . BUT SADDLED BY ENFORCEMENT CHALLENGES
-------------------------------------------
¶6. (U) Despite these legislative victories, real challenges remain
in effectively ensuring that the laws have an impact on the local
IPR environment. Throughout 2008, Costa Rica continued to falter in
enforcing its IPR laws, which criminalize counterfeiting and piracy.
The country's public prosecutors have consistently demurred from
prosecuting IPR cases unless they involve potential harm to people
or the environment. The prosecution of IPR crimes is handled by
public prosecutors in the "various crimes" divisions of the branch
offices of the Attorney General's office (in which an individual was
appointed with responsibility for IPR prosecution). Crimes related
to IPR form only a portion of the portfolio of these prosecutors and
receive little attention. Rather, the prosecutors tend to invoke
"opportunity criteria" (akin to prosecutorial discretion) to avoid
opening investigations into reported IPR crimes.
¶7. (U) The Attorney General of Costa Rica, Francisco Dall'Anese,
publicly and privately reiterated that he does not support diverting
limited resources to the prosecution of IPR crimes. Rather, he
maintains that private companies can seek redress in civil courts or
can initiate a criminal public action through private application.
By this process, a private party (almost always through an attorney)
files a complaint and jointly conducts the investigation and
prosecution of the case with the public prosecutor. While this
could be an effective means of prosecuting IPR violators, the
reality is that the private sector and the prosecutor's office have
yet to coordinate in a meaningful way. Likewise, the use of the
civil courts to pursue private cases against IPR violators is
hampered by the extreme length of time it takes to receive a civil
judgment (up to 15 years) and the small monetary damages awarded.
¶8. (SBU) Industry and others have asked Dall'Anese to halt the
nearly automatic use of opportunity criteria with IPR crimes, but he
has rebuffed their calls, and is in a position to do so. The
position of Attorney General in Costa Rica is entirely independent
of the Costa Rican Executive and Legislative Branches.
Constitutionally, the position falls under the Judiciary, but, in
practice, it is almost completely autonomous. Dall'Anese was
reelected to a second four year term as Attorney General in late
¶2007. (COMMENT: Knowledgeable local contacts tell us that
Dall'Anese is unlikely to run for a third term in 2011. END
COMMENT.)
¶9. (U) The few prosecutions that wound their way through the
criminal court system over the last two years were originally
started long before. In February 2008, industry successfully
concluded a prosecution against a counterfeiter of apparel. As has
been the case in previous successful IPR prosecutions, the judge
immediately paroled the convicted counterfeiter as it was her first
offense and the sentence was for less than three years. (COMMENT: No
matter the crime, judges in Costa Rica have the latitude to
immediately parole first-offenders who have been sentenced to less
than three years of prison. Judges generally use this power in all
criminal cases when it can be applied. END COMMENT.)
--------------------------------------
AT THE BORDER: ARE THE GOODS GENUINE?
--------------------------------------
¶10. (U) Officers within the FBI-equivalent Judicial Police (OIJ)
state that most counterfeit goods within Costa Rica are imported
from elsewhere rather than manufactured in the country.
Unfortunately, Costa Rica's Customs service continues to face
difficulties in halting the flow of counterfeit goods into the
country. The leadership of Customs is aware of the importance of
seizing pirated goods, but most customs agents lack the necessary
training to recognize counterfeits. Local industry has also
expressed an interest in providing counterfeit recognition training
to Customs officials.
¶11. (U) In addition, the laws regulating the filing of criminal
cases can impede the seizure of pirated goods at the border. If a
customs agent recognizes that a shipment contains pirated goods, the
agent can order the shipment seized for 48 hours. If, at the end of
that period, the holder of the IPR for the product involved has not
filed a criminal complaint against the importer, the customs agent
must either release the goods or file a criminal complaint. The
latter action can open the agent up to personal liability through a
countersuit by the importer if the criminal complaint is ultimately
unsuccessful.
¶12. (U) Recent changes in the law give the customs agent ten days
from seizure to file the criminal complaint, but the customs agent
continues to be personally liable if the complaint is unsuccessful.
Increased communication between Customs and industry would help
solve this problem by providing time for the owner of the trademark
or patent to file the police report. In such cases, even if the
prosecutor ultimately invokes opportunity criteria and abandons
his/her role in the criminal prosecution, the private party could
continue the action, aided by the fact that the goods have already
been seized by Customs.
--------------------------------------------- ---
COSTA RICAN PATENT OFFICE: CAPACITY BY CONTRACT
--------------------------------------------- ---
¶13. (SBU) In 2008 the Costa Rican Industrial Property (IP) Office
of the National Registry finally began to address severe delays in
processing patent applications. Through 2007, patent attorneys in
Costa Rica related that the office had not yet begun processing
patent cases first submitted in 2004 and 2005. The table below
illustrates progress, although the backlog may take years to erase.
Number of Application Approvals
Year 2005 2006 2007 2008
Patent 13 4 13 53
Utility Model 0 1 1 2
Industrial Model 4 3 2 21
Industrial Design 1 1 - 15
TOTAL 18 9 16 91
Source: Industrial Property Registry
The IP Office informs us that in 2008 the office completed the
review of a total of 140 applications, approving the 91 shown above
and rejecting 49. While new patent applications are immediately
processed, there is still a backlog of about 1,200 patent
applications waiting for technical review.
¶14. (U) The IP Office believes that it is on the verge of hiring
five in-house patent examiners with training and experience in
specific areas of science and technology. It has taken several
years to create these positions. These in-house examiners will not
be hired within the Civil Service structure and therefore may be
paid salaries commensurate with their expertise. To date, the IP
office has relied heavily on contract relationships with the Costa
Rican Technical Institute and the Pharmacists Board Association to
provide experts to serve as outside examiners. The IP Office will
continue to use these and other outside examiners to move through
the backlog of patent applications.
¶15. (U) The World Intellectual Property Organization (WIPO) has
worked closely with the Costa Rican IP Office to train employees.
WIPO also offered training to officials in the judiciary that have
an interest in IPR. In addition, the U.S. Embassy sent eight Costa
Rican officials to the USPTO's Global Intellectual Property Academy
for training.
--------------------------------------
USE/PROCUREMENT OF GOVERNMENT SOFTWARE
--------------------------------------
¶16. (U) The 2002 Executive Decree #30, 151-J, mandated that all
government ministries use only legally-licensed computer software.
According to this decree, each ministry was to conduct an internal
audit and submit a statement of compliance no later than July 31,
¶2003. The government subsequently claimed full certification of all
ministries, although there had been no independent confirmation.
-------
COMMENT
-------
¶17. (SBU) In general, parts of the Costa Rican government, notably
the judiciary, do not yet view IPR as a tool to spur innovation.
The executive branch recognizes the value of IPR enforcement and
prosecution and the private sector wants judicial action on IPR
cases. After making progress in IPR legislation as instituted by
CAFTA-DR's entry into force, the focus of attention is now on the
judiciary and how it handles cases in a CAFTA-DR compliant IPR
regime.
¶18. (SBU) Therefore, based on the GOCR's progress to date in
improving the country's IPR framework -- legislative reforms,
political will in the executive branch, sharp increase in patent
application approvals, and receptivity to training opportunities --
Post recommends that Costa Rica remain on the Watch List. This is
the properly-modulated message, in our view. To lower Costa Rica's
standing immediately after the GOCR finally completed its CAFTA-DR
implementation obligations would be too harsh a signal. Such a move
would likely be viewed as provocative by the Arias administration,
which worked very hard to pass the necessary IPR legislation for
CAFTA-DR EIF. This would also be counterproductive to our low-key
but steady efforts to work with the GOCR and the private sector (and
around the Attorney General, if necessary) to improve IPR
protection.
CIANCHETTE