Intellectual Property Enforcement

Alfredo Fournier & Asociados (AF&A) provides full complement of Intellectual property law services. We counsel clients on how to best protect their IP portfolios. One of the most innovative and fundamental emerging area of IP is the protection of non-authorized use of trademark and patents in Costa Rica and the coordination from our offices to other Latin American Countries. AF&A is recognized as the top law firms in Intellectual Property Laws Enforcement.

Costa Rican Law “For the Observation Procedures of Intellectual Property Rights” provides the opportunity to obtain assistance of the government in the fight against piracy and counterfeit products. The Law sanctions all conduct which confuses consumer and the general public about the origin, quantity, quality, nature of a product registered by a person as owner of said product.

The Law establishes that any violation of Intellectual Property Laws will provide the owner of the products the chance to request for precautionary measures seeking to seize the violation of IP rights.  Said request can be made before the Costa Rican Government, Civil, Administrative and /or Criminal Court.

Owner is considered to be the person appearing as such in the Intellectual Property Department of the Public Registry. An owner of a trademark in another jurisdiction must register its right in Costa Rica first to activate the legal channel described in The Law.

Our Law Firm will file for legal actions; either on Criminal or Civil Court, with preliminary request to seize non original products. Whether to eliminate from the market non original Oster-Osterizer irons and blending machines, Cafe Body Cream, clothes, or even work on a nation wide effort to confiscate LP Gas tanks from infringers using the “ELF” trademark, property of TOTAL S.A. of France, illegally, We have the group to achieve the clients goals in this area.

Usual procedure:

Upon registration of the trademark in Costa Rica, and receipt of the power of attorney, AF&A will start the work. A preliminary investigation is always beneficial, either working with an international investigation group directed by a reputable firm as was the case for Sunbeam Corporation, or using local investigators contacted and recommended by AF&A.