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LEGISLATION

Decree 36880-COMEX-JP, Regualtion for the Limitation of Liability of Service Providers for Copyright Infringement According to Article 15.11.27 of the FTA between República Dominicana Centroamérica and U.S.A., December 16, 2011 [(1) In Costa Rica, intermediary liability was regulated in 2011. Despite receiving some critiques for being passed by a presidential decree and not by a law, the ISP liability mechanism is regarded as a balanced procedure overall by Internet users and experts. (2) Costa Rica established judicial intervention prior to taking down content, or ordering ISPs to reveal information about specific users. (3) This regulation has been rejected by the International Intellectual Property Alliance (IIPA) for its “overly long time periods” of up to 45 days by which ISPs are to forward notifications sent by rights holders, which “in practical terms create a serious obstacle for the enforcement of rights in the digital environment.” See Costa Rica International Intellectual Property Alliance (IIPA) 2013 Special 301 Report on Copyright Protection and Enforcement, p. 53. Nevertheless, the normative has been generally in agreement with local stakeholders.]

BILLS AND PENDING PROPOSALS

[There are currently no known new legislative proposals on the issue of intermediary liability.]

DECISIONS

[There are currently no known cases that have been brought before the courts on the issue of intermediary liability.]

Superior Courts

XXX[xxx] [XXX]

Lower CourtsXXX[xxx] [XXX]

OTHER RESOURCES

Vinicio Chacon, Temen que decreto limite responsabilidad en Internet, en Semanario Universidad (2012)Costa Rica International Intellectual Property Alliance (IIPA), 2013 Special 301 Report on Copyright Protection and Enforcement

CONTRIBUTORS

Clelia LermanStanford Law School, SPILL Candidate 2015Professor and Researcher of Intellectual Property at the Universidad Torcuato Di Tella Law School, ArgentinaEmail address: clerman@stanford.edu[personal page]

FEEDBACK

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