

Currently released so far... 12404 / 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
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
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 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 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
ASEC
AE
AF
AM
AR
AJ
AU
AORC
AG
AEMR
AMGT
APER
AGMT
AL
AFIN
AO
AMED
ADCO
AS
ABUD
ABLD
ASUP
ASECKFRDCVISKIRFPHUMSMIGEG
APECO
AID
AND
AMBASSADOR
AN
ARM
AY
AODE
AMG
ASCH
AMCHAMS
ARF
APCS
APEC
ASEAN
AGAO
ANET
ADPM
ACOA
ACABQ
AORL
AFFAIRS
ATRN
ACS
AFSI
AFSN
ADANA
ASIG
AA
AX
AUC
AC
AECL
AADP
AGRICULTURE
AMEX
ACAO
ACBAQ
AQ
AORG
ADM
AINF
AIT
ASEX
AGR
AROC
ATFN
AFGHANISTAN
AFU
AER
ALOW
AZ
AVERY
BA
BY
BU
BR
BE
BL
BO
BK
BM
BILAT
BH
BEXP
BF
BTIO
BC
BBSR
BMGT
BTIU
BG
BWC
BB
BD
BX
BP
BRUSSELS
BN
BIDEN
BT
CW
CH
CF
CD
CV
CVIS
CM
CE
CA
CJAN
CLINTON
CIA
CU
CASC
CI
CO
CACM
CDB
CN
CMGT
CS
CG
CBW
CIS
CR
CONDOLEEZZA
CPAS
CAN
CWC
CY
COUNTER
CDG
CL
CT
CIC
CIDA
CSW
CHR
CB
CODEL
COUNTERTERRORISM
CTR
COM
CICTE
CFED
CJUS
CKGR
CBSA
CEUDA
CARSON
CONS
CITEL
CLMT
CROS
CITT
CAC
CVR
CDC
CAPC
COPUOS
CBC
CBE
CARICOM
COE
COUNTRY
CLEARANCE
CACS
CTM
CNARC
ECON
EFIN
ETRD
EUN
EFIS
EG
ETTC
EZ
EPET
EAID
EAGR
ENRG
ECUN
EU
ELAB
ECPS
EAIR
EINV
ELTN
EWWT
EIND
EMIN
EI
ECIN
ENVR
ELECTIONS
EINVEFIN
EN
ES
ER
EC
EUC
EINT
EINVETC
ENGR
ET
EK
ENIV
ETRDEINVECINPGOVCS
ECONOMY
EAP
EFTA
EUR
EUMEM
EXIM
ERD
ENERG
EUREM
ESA
ERNG
EXTERNAL
EPA
EINVECONSENVCSJA
ECONOMICS
ELN
EINN
EFINECONCS
ENNP
EEPET
ETRDEINVTINTCS
ENVI
ETRO
ESENV
ECINECONCS
ECONOMIC
EAIDS
EDU
ETRA
ETRN
EFIM
EIAR
ETRC
EAIG
EXBS
EURN
ECIP
EREL
ECA
ENGY
ECONCS
ECONEFIN
ETC
ETRDECONWTOCS
EUNCH
EINDETRD
IR
IZ
IS
IAEA
INRB
IRAJ
IQ
IN
IT
IMO
INTERPOL
ICAO
IO
IC
ITALY
ITALIAN
IRAQI
ICTY
ID
IPR
IWC
ILC
INTELSAT
IL
IBRD
IMF
IA
IRC
ICRC
ILO
ITU
ITRA
IV
IDA
IAHRC
ICJ
ISRAELI
IRS
INMARSAT
ISRAEL
ISLAMISTS
INDO
IZPREL
ITPHUM
ITPGOV
ITF
IBET
IEFIN
INR
IACI
INTERNAL
IDP
IGAD
IEA
ICTR
IIP
INRA
INRO
IF
KJUS
KSCA
KNNP
KU
KCOR
KCRM
KDEM
KTFN
KHLS
KPAL
KWBG
KACT
KGHG
KPAO
KTIA
KIRF
KWMN
KS
KG
KZ
KN
KMDR
KISL
KSPR
KHIV
KPRP
KAWK
KR
KUNR
KDRG
KCIP
KGCC
KTIP
KSUM
KPKO
KVIR
KAWC
KPIN
KGIC
KRAD
KIPR
KOLY
KCFE
KMCA
KE
KV
KICC
KNPP
KBCT
KSEP
KFRD
KFLU
KVPR
KOCI
KBIO
KSTH
KMPI
KCRS
KOMC
KTBT
KPLS
KIRC
KREL
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFLO
KBTS
KSTC
KTDB
KFSC
KX
KFTFN
KNEI
KIDE
KREC
KMRS
KICA
KPAONZ
KCGC
KSAF
KRGY
KCMR
KRVC
KVRP
KSEO
KCOM
KAID
KTEX
KNUC
KNAR
KNUP
KNNPMNUC
KLIG
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KCRCM
KHDP
KGIT
KNSD
KOMS
KWMM
KPAI
KHSA
KTLA
KO
KMFO
KRCM
KCSY
KSAC
KTRD
KPWR
KID
KWNM
KRIM
KPOA
KCHG
KOM
KSCI
KFIN
KMOC
KESS
KWAC
KMIG
KSEC
KIFR
KDEMAF
KPRV
KBTR
KERG
KTER
KDDG
KPAK
KRFD
KHUM
KDEV
KCFC
KWWMN
KWMNCS
KJUST
MARR
MOPS
MU
MTCRE
MNUC
MY
MASS
MCAP
MOPPS
MAR
MPOS
MO
ML
MR
MASC
MX
MD
MP
MA
MTRE
MIL
MCC
MZ
MK
MDC
MRCRE
MAPS
MV
MI
MEPN
MAPP
MEETINGS
MAS
MTS
MLS
MILI
MTCR
MG
MC
MARAD
MIK
MILITARY
MEDIA
MEPI
MUCN
MEPP
MT
MERCOSUR
MW
MASSMNUC
MQADHAFI
NZ
NATO
NG
NI
NO
NATIONAL
NU
NPT
NIPP
NL
NPG
NS
NA
NGO
NP
NSG
NDP
NAFTA
NR
NC
NH
NE
NSF
NPA
NK
NSSP
NRR
NATOPREL
NSC
NT
NW
NORAD
NEW
NV
NSFO
NAR
NASA
NZUS
OTRA
OVIP
OPRC
OPDC
OSCE
OAS
ODIP
OIIP
OFDP
OVP
OREP
OFFICIALS
OSAC
OEXC
OPCW
OIE
OIC
OFDA
OSCI
OPIC
OBSP
OECD
ON
OCII
OHUM
OES
OCS
OMIG
OPAD
OTR
PGOV
PREL
PHUM
PINR
PTER
PSOE
PINS
PARM
PK
PBTS
PEPR
PM
POLITICAL
PARTIES
PREF
PBIO
PROP
PA
PSI
PINT
PO
PKFK
PL
PAK
PE
POLITICS
PINL
POL
PHSA
PU
PF
POV
PFOR
PHALANAGE
PARTY
PARMS
PRGOV
PNAT
POLINT
PRAM
PMAR
PG
PAO
PROG
PRELP
PPA
PCUL
PSEPC
PSA
PREO
PAHO
PGIV
PREFA
PALESTINIAN
PAIGH
POSTS
PTBS
PGOVLO
PORG
PGOVE
PLN
PINF
PAS
PUNE
POLICY
PDEM
PDOV
PCI
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PHUMPGOV
PMIL
PNG
PP
PS
PHUH
PECON
POGOV
PY
PHUMPREL
PHUS
PRL
PGOC
PNR
PGGV
PROV
PTERE
PGOF
PHUMBA
PEL
RS
RU
RW
REGION
RP
RICE
ROBERT
RSP
RUPREL
RM
RO
RCMP
RSO
RELATIONS
REACTION
REPORT
RIGHTS
ROOD
RF
RFE
RIGHTSPOLMIL
SP
SA
SY
SF
SYR
SENV
SCUL
SOCI
SNAR
SO
SU
SG
STEINBERG
SHUM
SW
SMIG
SR
SZ
SIPRS
SI
SAARC
SPCE
SARS
SN
SYRIA
SANC
SL
SCRS
SC
SENVKGHG
SAN
SNARCS
SHI
SWE
SNARIZ
SIPDIS
SEN
SNARN
SPCVIS
SEVN
SSA
SH
SOFA
SK
ST
TPHY
TU
TRGY
TI
TX
TS
TW
TC
TFIN
TD
TSPA
TH
TT
TIP
TBIO
TSPL
TZ
TERRORISM
TRSY
TN
THPY
TINT
TF
TL
TV
TK
TO
TP
TURKEY
TNGD
TBID
TAGS
TR
UP
US
UNSC
UK
UZ
UE
UNESCO
UV
UNGA
UN
UNMIK
UNO
UY
UAE
UNEP
UG
UNHCR
UNHRC
USUN
UNAUS
USTR
USNC
USOAS
UNCHR
UNCSD
UNDP
USEU
USPS
UNDC
UNDESCO
UNCHC
UNFICYP
UNC
UNODC
UNPUOS
UNCND
UNICEF
UNCHS
UNVIE
USAID
UNIDROIT
Browse by classification
Community resources
courage is contagious
Viewing cable 07SANJOSE335, 2007 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. #07SANJOSE335.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
07SANJOSE335 | 2007-02-20 19:07 | 2011-03-18 21:09 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy San Jose |
Appears in these articles: http://www.nacion.com/2011-03-18/Investigacion/NotasSecundarias/Investigacion2716690.aspx http://www.nacion.com/2011-03-18/Investigacion/NotasSecundarias/Investigacion2716698.aspx |
VZCZCXYZ0006
RR RUEHWEB
DE RUEHSJ #0335/01 0511917
ZNR UUUUU ZZH
R 201917Z FEB 07
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC 7289
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
UNCLAS SAN JOSE 000335
SIPDIS
SIPDIS
SENSITIVE
WHA/CEN
EEB FOR JBOGER
STATE PASS TO USTR FOR JENNIFER CHOE GROVES
E.O. 12958: N/A
TAGS: ETRD ECON KIPR CS
SUBJECT: 2007 SPECIAL 301 REVIEW - COSTA RICA
REF: A. 05 SAN JOSE 0508
¶B. 06 SAN JOSE 0464
1.(U) SUMMARY. Costa Rica is making progress in passing laws to
protect intellectual property rights (IPR), but still falls short in
the area of enforcement due to lack of resources and weak political
will. Chapter 15 of the U.S.-Central America-Dominican Republic
Free Trade Agreement (CAFTA-DR) contains important provisions to
strengthen the legal and enforcement framework, but the treaty is
not yet in force. The agreement was signed on August 5, 2004 (i.e.,
some two and a half years ago) and we expect ratification during the
first half of 2007 and implementation before the February 29, 2008
deadline. Opposition by roughly one third of Costa Ricans including
very strong opposition by a small but vocal minority has so far
succeeded in delaying the treaty's ratification and implementation.
However, significant progress has been made in the past eight
months. President Oscar Arias is pursuing a dual track approach in
the national assembly to simultaneously consider both ratification
and passage of the necessary implementing legislation, including
several new laws related to IPR. Meanwhile, post continues to
successfully recruit candidates for IPR training from various
sectors of the government including Costa Rica's Supreme Court, and
local businesses are pursuing IPR educational initiatives. 2006 saw
the first IPR enforcement case that resulted in a conviction in many
years. Taking all of these factors into consideration, Post
recommends that Costa Rica remain on the Watch List (WL). End
Summary
---------------------------------------
TRIPS COMPLIANCE AND LEGISLATIVE ISSUES
---------------------------------------
¶2. (U) Since inclusion on the Priority Watch List (PWL) in 2001, the
GOCR has sought to improve its legal framework for protection of IPR
and most importantly has significant new legislation necessary to
implement CAFTA under active consideration. Costa Rica brought 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 has also ratified the Patent Cooperation
Treaty (PCT). Despite these ratifications, Costa Rica's IPR legal
regime is noncompliant on certain TRIPS provisions. Areas of
concern are Costa Rica's lack of strongly defined time periods of
protection and insufficient criminal sentences. However, these
issues are addressed in several pending bills required to bring
CAFTA-DR into force, bills that have been the subject of many weeks
of legislative hearings in late 2006. The IPR bills are included on
a priority agenda for legislation action, and post expects the IPR
legislative package to be enacted before the end of 2007. It is
likely that these bills will take effect even before CAFTA-DR
actually comes into force.
-----------
ENFORCEMENT
-----------
¶3. (U) Despite significant progress being made in the legislature in
recent months, industry sources remain very concerned with the small
degree of enforcement of existing laws. Costa Rican laws provide
for both criminal and civil enforcement of IPR. The Attorney
General is widely quoted as saying that given the workload his
office faces with limited resources, IPR prosecutions are a low
priority. Industry sources say the Attorney General has recommended
that private civil actions be pursued. However, the civil system is
viewed as inadequate due primarily to the difficulties in
establishing damages. Further, the amount of statutory damages is
too small to serve as an incentive to pursue civil actions.
Accordingly, the vast majority of matters are brought through the
criminal system. One case, involving a defendant accused of selling
t-shirts with a fake trademark, was successfully prosecuted in late
¶2006. However, because it was his first criminal conviction, the
defendant received a suspended sentence as required under Costa
Rican law. Moreover, the IPR community was disappointed that local
media failed to report the conviction, which might have served as a
disincentive to other IPR violators.
¶4. (U) The Ministry of Public Security has a special organized crime
division to combat organized and trans-national crimes occurring in
Costa Rica. The unit focuses on gangs, child sexual exploitation,
stolen car smuggling, and a wide range of other miscellaneous
crimes. Within that unit there are a handful of employees dedicated
to investigating IPR violations.
¶5. (U) The chief prosecutor's office (Fiscalia General) is divided into
several branches dedicated to particular crimes. Under the current
system, IPR crimes fall to a unit designated as "all other crimes."
Due to IP's inclusion in this unit that covers a wide variety of
unrelated criminal activity, the prosecution of IP-related crimes is
adversely affected. Their varied workload means individual
prosecutors have difficulty acquiring the specialized knowledge and
expertise necessary for successful IPR prosecutions.
¶6. (U) Post management has regularly stressed the importance of IPR
enforcement when meeting with Costa Rica's chief prosecutor,
Francisco Dall'Anese. While he says he recognizes the importance of
IPR enforcement, Dall'Anese additionally states that due to the
limited resources of his office, he could not make IPR enforcement a
priority. The prosecutor believes he faces strong public pressure
to focus attention on other "more important" areas (e.g. prosecution
of corruption scandals involving three former presidents, bribery
allegations involving the government's telecom monopoly, drug
trafficking and organized crime). Dall'Anese indicates that
attention to these other areas is necessitated by internal
realities, whereas IPR enforcement is generally viewed as stemming
solely from bilateral or multilateral obligations such as WIPO and
CAFTA-DR. Dall'Anese, whose term expires at the end of 2007, has
suggested that one remedy might be the creation of an effective
administrative process designed solely for the right holder to
procure a seizure of goods without further criminal prosecution.
¶7. (U) Another enforcement problem involves gathering and validating
evidence. Even when a search warrant is issued, upon entering a
manufacturer, vendor, or distributor of counterfeited goods,
investigators can only seize those goods that are counterfeits of
the company that presented the complaint. Thus, while counterfeit
goods of several brands may be present, only those of one brand may
be taken as evidence. Furthermore, a company that has submitted a
complaint must send an expert witness to Costa Rica to testify that
the pirated goods are indeed different than the original. Because
of the small size of the Costa Rican market, this often is not
worthwhile to the affected companies.
¶8. (U) Post believes that there are two specific areas of improvement
in enforcement that would greatly enhance IPR protection. First, a
dedicated and specialized prosecutor's IP unit should be established
separate from the various crimes unit. Although this might not be
feasible in all judicial districts of the country, the creation of a
unit serving the San Jose metropolitan area would greatly increase
the efficiency of enforcement. Second, increased resources should
be provided to the IP investigatory unit of the Ministry of Public
Security so that they can expand the efficiency and quality of their
services.
¶9. (U) The Arias administration has voiced a commitment to improved
enforcement of IPR laws, but so far this has not been accompanied by
additional appropriations. Budgetary constraints have forced the
GOCR to make difficult decisions regarding the allocation of
available funds. Currently, although parts of the GOCR recognize
the need for improvements in IPR enforcement, other areas of
enforcement are given a higher priority. One basis for this
prioritization is the widely held view that IPR enforcement mainly
serves the interests of foreign corporations. Some GOCR officials
hope that through greater local participation in IPR issues and
continued education and public outreach programs, adequate resources
might eventually be committed.
--------------------------------------------- -----
CREATING A POLITICAL ENVIRONMENT CONDUCIVE TO IPR ENFORCEMENT
--------------------------------------------- -----
¶10. (U) Building upon past training initiatives, post has actively
recruited numerous candidates for various IPR training programs
offered by the U.S. Patent and Trademark Office. Costa Rica's
National Registry refers patent review work to the University of
Costa Rica's office known at PROINNOVA. This year for the first
time post sent two industrial design engineers and the general
counsel from PROINNOVA to USPTO courses on industrial design review
and advanced patent law, respectively. In addition post recruited
key personnel from the Ministry of Foreign Trade to attend a course
about copyright in the digital age. It was significant that for the
first time post recruited five members of the judiciary, including
members of the Supreme Court, to participate in IPR enforcement
conferences and training to better understand the country's
obligations under CAFTA-DR. One member of the Supreme Court has
become so interested in IPR issues that he is pursuing academic
training in the field and told Econoff he is working on a special
IPR project for the Supreme Court.
¶11. (U) Efforts to educate and create IPR interest groups are in the
gestation stage. Industry sources report development of an informal
network of professionals with IPR interests. The local American
Chamber of Commerce is working with the U.S. Chamber of Commerce on
a pilot project to assess public attitudes towards IPR, with a
public education campaign to be based upon survey results, similar
to an IPR project the U.S. Chamber of Commerce funded in Brazil. As
public interest in IPR protections grows, the political will to take
enforcement seriously is more likely to take hold.
--------------------------------------
USE/PROCUREMENT OF GOVERNMENT SOFTWARE
--------------------------------------
¶12. (U) In 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 has been no independent confirmation.
---------------------------
RESPONSE TO PUBLIC COMMENTS
---------------------------
¶13. (U) All public comments that post has seen to date, including those
from the IIPA, IACC and PhRMA recommend that Costa Rica be moved
from the Watch List to the Priority Watch List. These postures
reflect the high level of frustration over IP enforcement post
shares with many firms trying to do business in Costa Rica. While
readily acknowledging these difficulties, we nonetheless believe
that such a move now would be counter-productive to our long-term
goals by lessening the probability that Costa Rica will be able to
ratify and implement CAFTA-DR. Among the laws necessary to
implement the treaty, the IPR legislative package has not generated
public opposition like that which exists for opening the telecom and
insurance monopolies. IPR bills required by CAFTA-DR are moving
forward in the legislative process and have made significant
progress. It appears likely that these bills will be passed and may
even take effect regardless of whether CAFTA-DR is ultimately
brought into force.
--------------------------
COMMENT AND RECOMMENDATION
--------------------------
¶14. (SBU) What has been most lacking in the past in Costa Rica is
political will. President Arias has made ratification and
implementation of CAFTA-DR his highest priority. He and his cabinet
are exercising strong leadership to confront obstructionists in the
legislature and the opposition of powerful unions. Post believes
that bringing CAFTA-DR into force is by far the most effective way
to obtain the IPR protections sought by industry. Costa Rica has to
implement significant IPR legislation to bring CAFTA into force by
the Feb. 29, 2008 deadline. That means that the USG will have a
very clear picture of what Costa Rica's IPR regime will look like
for many years before the next 301 report is due. Given the real
possibility for significant improvement during 2007 in legal
guarantees for intellectual property under Costa Rican law, post
favors maintenance of the status quo for one more year. In the
event that the GOCR is unable to implement the significant IPR
legislation required under CAFTA before the next 301 review, we
likely would strongly encourage moving Costa Rica to the Priority
Watch List at the next review. For the above reasons post
recommends Costa Rica remain on the Watch List in 2007.
FRISBIE