VZCZCXYZ0000
RR RUEHWEB

DE RUEHSJ #2188 2761831
ZNR UUUUU ZZH
R 031831Z OCT 06
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC 6243
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

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.