Judicial Administration Structure for IP Disputes: Costa Rica

At an administrative level, the Registry of Copyright and Related Rights as well as the Industrial Property Registry issue administrative decisions on the registration of works, marks, other distinctive signs and patents. These decisions can be appealed to the National Registry's Administrative Registration Tribunal, thereby exhausting administrative remedies.

Intellectual property cases can be adjudicated by civil, criminal, administrative, agrarian and constitutional judicial bodies. The civil cases relate to claims between parties under private law brought to trial before the Collegial Civil Court of First Instance, whose judgments can be appealed to the First Chamber of the Supreme Court of Justice. Criminal cases are brought for offenses against copyright and related rights, marks and other distinctive signs, as well as layout-designs of integrated circuits. Such cases go first to a trial court, whose judgments can be appealed to the Criminal Court of Appeals. This latter body's judgments can then be appealed to the Third Chamber of the Supreme Court of Justice. Administrative disputes are handled by the Court of Administrative and Fiscal Disputes, a collegial body which reviews the legality of the State's administrative acts – in this case, the acts of the Registry of Copyright and Related Rights and the Industrial Property Registry. The Court's decisions can be appealed to the First Chamber of the Supreme Court of Justice. The agrarian jurisdiction deals with cases relating to plant varieties, geographic indications and appellations of origin when agricultural enterprises are involved. Judgments issued in the first instance by an agrarian court can be appealed to the Agrarian Tribunal, whose judgments can in turn be appealed to the First Chamber of the Supreme Court of Justice. Lastly, the Constitutional Chamber of the Supreme Court of Justice resolves claims for protection against infringements of fundamental rights, including intellectual property rights. It also serves as the judicial authority that checks the constitutionality of the national laws, including the laws in IP. It represents the only instance for judicial recourse in respect of constitutional law. Its judgments are thus, not reviewed by a higher body.

There are no courts in Costa Rica that are specialized in the field of intellectual property. Since 2000, however, the Law on Procedures for Enforcement of Intellectual Property Rights has established standards for the conduct of trials in which infringements of intellectual property rights are alleged.

https://nexuspj.poder-judicial.go.cr/

Costa Rican System of Information on Case Law: http://www.pgrweb.go.cr/scij/

WIPO Lex – Costa Rica