WHAT CAN BE PROTECTED?

Literary works, Visual Arts, Performing Arts, Sound Recordings and Serials.

Literary works normally includes: fiction, non-fiction, poetry, prose, textbooks, cookbooks, catalogs, ad copy, speeches, software codes and computer programs;

Visual Arts includes paintings, drawings, photographs, sculpture, maps, graphic designs, art reproductions, cartoons, unique package designs, technical drawings, architectural works and web site designs;

Performing Arts includes musical compositions, dramatic works, scripts, choreography, motion pictures, and other multimedia or audiovisual works;

Sound Recording protection should be used to protect published and unpublished recordings of musical, dramatic, or literary works to protect the sound recording itself, in addition to any copyright in the underlying work;

Serials are literary works published in a series of installments, such as magazines, newspapers, bulletins, journals and digests.

New Trademark Law

A new Trademark Law entered into force on February 1, 2000. The principal changes effected by the new law are:

1) Provision for the registration of certification marks, emblems and denominations of origin has been introduced and the use of geographical indications has been regulated.

2) Protection for notorious trademarks has been provided.

3) Previously, an opposition could not be based on prior use. An opposition may now be based on prior use, but the opposer must show that he has filed an application to register his mark in Costa Rica.

4) A user requirement has been introduced for the first time, subjecting a registration to cancellation if the mark has not been used in Costa Rica for a period of 5 years. Subsequent use cures the defect, if the mark has been used for at least 3 months prior to the filing of the cancellation action.