Our partner Simon Valverde, recognized patent expert, will give a presentation on the legal analysis of the recent Canopy Patent case and the decision issued by the First Chamber of the Costa Rican Supreme Court. The conference will take place next Wednesday July 5th, 2017 at the Hilton Garden Inn San Jose, from 9:00 am to 12:00 pm. 

According to decision No. DPI-0003-2017, the Costa Rican Trademark Office issued new guidelines for the elaboration of the technical report concerning applications of geographical indications and denominations of origin.

 

The guidelines issued by the Director of the Intellectual Property Registry entered into force June 12, 2017. In accordance with the new guidelines, any technical report must be presented by the assigned entity in a structured manner containing, at least, the following:

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In Costa Rica, it typically takes between four to six months to obtain a trademark registration.

 

 

 

Once a trademark application is filed the Costa Rican Trademark Office will assign an application number. It will take about 30 to 45 days for an examiner to review the application and determine if it complies with the formal and substantial requirements established in the law. Applications are also examined for potential conflicts with other trademarks and applicants can respond to any rejections raised by the trademark office.

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A recent decision issued by the First Chamber of the Costa Rican Supreme Court has left many “canopy” and zip-line tour operators submerged in uncertainty. The decision seems to bring back to life an annulled patent granted in 1998, by which a Canadian citizen claimed the invention of a system by which a person, hanged from a harness and a pulley, slides down a cable anchored from tree trunks, enjoying the jungle view from above.

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A bill was recently presented to the Costa Rican Congress proposing a reform to the Patent Law in order to limit patentability of genetic material.

 

The proposed bill intended to exclude from patentability "inventions related to organs, human tissue, human cells and their parts, as well as DNA sequences and any human genetic material".

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