FAKE T-SHIRTS PROMPT RARE IPR CONVICTION IN COSTA RICA

UNCLAS SAN JOSE 002188

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: ETRD, EINV, ECIN, CS

SUBJ: Fake T-Shirts Prompt Rare IPR Conviction in Costa Rica


1. In a rare example of intellectual property rights enforcement,
Costa Rican judicial officials recently convicted a Costa Rican
citizen for distributing trademark counterfeit goods. The woman who
was found distributing counterfeit garments with the trademarks
"Quiksilver" and "Roxy", was sentenced to a one-year prison term.
Because it was her first conviction under Costa Rican criminal
procedure the jail sentence was suspended, however, it will appear
on her records.

2. The attorney representing Quiksilver and Roxy told Econoff that
although there have been some convictions in copyright cases, this
conviction for trademark counterfeiting is one of the first to
succeed in Costa Rican courts. The local media has not reported on
this unusual counterfeiting case despite the company's attempts to
generate publicity that could act as a deterrent.

3. Strengthened IPR enforcement is required by the U.S.-Central
America-Dominican Republic Free Trade Agreement (CAFTA-DR). Once it
ratifies the treaty, Costa Rica's legislative assembly must also
bring the country's national IPR laws into conformity with CAFTA-DR.
However, it may take more than a strengthened legal regime to
improve IPR enforcement. The nation's Attorney General has stated
that with limited resources in his office, he does not view
enforcement of intellectual property rights as a high priority
issue.