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Intellectual Property Rights in Costa Rica

Costa Rica is a beautiful country that has been a source of inspiration for a lot of artistic talents, ranging from writers, song writers to film makers. Just recently, a portion of the popular Bachelor TV series was shot in Costa Rica. Over the years, several producers of artistic work, particularly authors have moved to Costa Rica to find the natural beauty and seclusion in which to produce their masterpieces. Jaco beach is a favorite refuge as it is possible to rent or buy a Jaco beach condo practically on the beach. However, a major source of concern for all those seeking a refuge of inspiration has been the protection of intellectual works in the area in which they are seeking refuge.

Costa Rica has in place, a lot of protection for owners of intellectual rights and is one of the countries that comply fully with the World Trade Organization’s (WTO) standards which can be found in the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS). Basically, your masterpiece gains immediate protection once it is registered and it is in your possession. It is also protected against infringement by third parties.

Even though Costa Rica has a lot of laws that make reference to intellectual property rights, they have also ratified (adopted and passed into law) several important international treaties. As a result, Costa Rican law provides ample protection for intellectual property rights.

If you are an author of literary and artistic works, such as books, drawings, paintings, software, musical compositions and other works, Costa Rican law protects your copyright. There is a Copyrights and Related Rights Registry which guards these rights. Although your rights can be registered in this registry, it is not mandatory that they should be registered before they are protected. Copyright operates as soon as that first chapter is written. Still, it might be wiser to register your work so that if a dispute arises, it would be that much easier for you to claim ownership.

There are a number of factories in Costa Rica and some of the more popular are chocolate factories. If you own one or are thinking of setting up a chocolate factory in Costa Rica, you also have protection for your trade secrets under the Undisclosed Information Act.

However, before your secret formula can fall under a Trade Secret to be protected by the Undisclosed Information Act, it needs to meet certain criteria. First of all, it must really be a secret and not something that is general knowledge or easily accessible information. Secondly, it must be in the custody of someone who has taken all possible care to ensure that it remains a secret. And finally, there must be commercial value that can be derived from this secret.

Trademarks, Patents, Industrial Designs and other forms of intellectual property are also protected by the Costa Rican law and infringement of intellectual property is taken very seriously by the government.

If you are looking for an ideal place where you can find the peace and inspiration needed to create your work of art, Los Suenos real estate is a perfect place. Moreover, Caldwell Banker Vesta Group Jaco, can help you find out more about the protection of your intellectual property.

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