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The Intellectual
Property Law, N.º 40 of June 27, 1896, created the
Registry for the registration of scientific, literary and artistic property,
through Art. 49, which, pursuant to
said body of rules, is established in the Department of Libraries. This
entity kept a chronological registry of the works registered and submitted.
Pursuant to articles 53, 54 and 60, protection of literary, artistic and
scientific works depended on inscription in the registry and legal
submission, so that inscription was mandatory for being a holder of a
copyright.
In 1982, the Copyright and Related Rights Law, N.º 6683 was
enacted in view of the need to have a legal framework which was adequate for
the protection of original literary, artistic or scientific intellectual
creations. Article 95 of that body of rules establishes the National
Copyright and Related Rights Registry, as an organization within the Public
Property Registry. Thus it became an additional organization for
registration, pursuant to the desire of legislators to integrate all
registries - those indicated in Art. 2.° of the Law
for the Creation of the National Registry, N.º 5695, as well as others
established by Law - into the National Registry.
The previously
mentioned Law N.º 6683 represented a great advance
in the area of copyright and related rights protection not only nationally
but regionally. Its fundamental objective is to protect the creations of
Costa Rican and foreign authors, pursuant to Art. 2. Regulations related to
this law were emitted in 1995, through Executive Decree N.º
24611-J.
The National
Copyright and Related Rights Registry has become a specialized Office, with
varied functions which go far beyond registration.
Pursuant to what was stipulated in Law N° 6683, the Copyright and Related
Rights Law, and its Regulations, the functions of the Copyright and Related
Rights Registry include:
Registration of artistic and literary works, as well as acts or documents
concerning juridical businesses of copyright and related rights (contracts,
acts of expropriation, etc.)
Guaranteeing legal security of
registered rights with respect to third parties, and providing for their
appropriate publicity.
Promoting
dissemination of information and knowledge concerning copyright and related
rights.
Acting as an
information and cooperation agent with national and international
organizations.
Providing guidance
and overseeing the legal use of protected works.
Supervising natural
or juridical persons who use protected works, interpretations, executions and
productions.
Authorizing and
revoking authorization of operation of collective management associations.
Others indicated by
the Law and its Regulations.
On March 03, 2003,
the National Copyright and Related Rights Registry opened a Consulting Office
concerning Copyright and Related Rights, which has become an effective
mechanism through which specific consultations may be made, either in writing
or via fax, telephone, electronic mail, or in person. The Office receives and
resolves doubts and concerns concerning the procedure for registration of
works, scope of protection, usage licenses, rights transfer contracts, and
compliance with rights, among other matters.
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